Terms and Conditions
These terms and conditions
(“Agreement”) sets forth the general terms and conditions of your use of
the https://www.Fleppar.com website
(“Website” or “Service”) and any of its related products and services (collectively,
“Services”). This Agreement is legally binding between you (“User”, “you” or
“your”) and Fleppar Inc. ( FLEPPAR) (“Fleppar Inc. ( FLEPPAR)”, “we”, “us” or
“our”). By accessing and using the Website and Services, you acknowledge that
you have read, understood, and agree to be bound by the terms of this
Agreement. If you are entering into this Agreement on behalf of a business or
other legal entity, you represent that you have the authority to bind such
entity to this Agreement, in which case the terms “User”, “you” or “your” shall
refer to such entity. If you do not have such authority, or if you do not agree
with the terms of this Agreement, you must not accept this Agreement and may
not access and use the Website and Services. You acknowledge that this
Agreement is a contract between you and Fleppar Inc. ( FLEPPAR), even though it
is electronic and is not physically signed by you, and it governs your use of
the Website and Services.
Accounts and membership
You must be at least 18 years of
age to use the Website and Services. By using the Website and Services and by
agreeing to this Agreement you warrant and represent that you are at least 18
years of age. If you create an account on the Website, you are responsible for
maintaining the security of your account and you are fully responsible for all
activities that occur under the account and any other actions taken in
connection with it. We may monitor and review new accounts before you may sign
in and start using the Services. Providing false contact information of any
kind may result in the termination of your account. You must immediately notify
us of any unauthorized uses of your account or any other breaches of security.
We will not be liable for any acts or omissions by you, including any damages
of any kind incurred as a result of such acts or omissions. We may suspend,
disable, or delete your account (or any part thereof) if we determine that you
have violated any provision of this Agreement or that your conduct or content
would tend to damage our reputation and goodwill. If we delete your account for
the foregoing reasons, you may not re-register for our Services. We may block
your email address and Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges
to your account in accordance with the fees, charges, and billing terms in
effect at the time a fee or charge is due and payable. Where Services are
offered on a free trial basis, payment may be required after the free trial
period ends, and not when you enter your billing details (which may be required
prior to the commencement of the free trial period). If auto-renewal is enabled
for the Services you have subscribed for, you will be charged automatically in
accordance with the term you selected. If, in our judgment, your purchase
constitutes a high-risk transaction, we will require you to provide us with a
copy of your valid government-issued photo identification, and possibly a copy
of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We
also reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household
or per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be
information on the Website that contains typographical errors, inaccuracies or
omissions that may relate to promotions and offers. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information on the Website or Services is
inaccurate at any time without prior notice (including after you have submitted
your order). We undertake no obligation to update, amend or clarify information
on the Website including, without limitation, pricing information, except as
required by law. No specified update or refresh date applied on the Website
should be taken to indicate that all information on the Website or Services has
been modified or updated.
Third party services
If you decide to enable, access
or use third party services, be advised that your access and use of such other
services are governed solely by the terms and conditions of such other
services, and we do not endorse, are not responsible or liable for, and make no
representations as to any aspect of such other services, including, without
limitation, their content or the manner in which they handle data (including
your data) or any interaction between you and the provider of such other
services. You irrevocably waive any claim against Fleppar Inc. ( FLEPPAR) with
respect to such other services. Fleppar Inc. ( FLEPPAR) is not liable for any
damage or loss caused or alleged to be caused by or in connection with your
enablement, access or use of any such other services, or your reliance on the
privacy practices, data security processes or other policies of such other
services. You may be required to register for or log into such other services
on their respective platforms. By enabling any other services, you are
expressly permitting Fleppar Inc. ( FLEPPAR) to disclose your data as necessary
to facilitate the use or enablement of such other service.
Advertisements
During your use of the Website
and Services, you may enter into correspondence with or participate in
promotions of advertisers or sponsors showing their goods or services through the
Website and Services. Any such activity, and any terms, conditions, warranties
or representations associated with such activity, is solely between you and the
applicable third party. We shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between you
and any such third party.
Links to other resources
Although the Website and Services
may link to other resources (such as websites, mobile applications, etc.), we
are not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked resource, unless
specifically stated herein. We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any businesses or individuals or the
content of their resources. We do not assume any responsibility or liability
for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of
any resource which you access through a link on the Website and Services. Your
linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set
forth in the Agreement, you are prohibited from using the Website and Services
or Content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Website and Services, third party products
and services, or the Internet; (h) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere
with or circumvent the security features of the Website and Services, third
party products and services, or the Internet. We reserve the right to terminate
your use of the Website and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights”
means all present and future rights conferred by statute, common law or equity
in or in relation to any copyright and related rights, trademarks, designs,
patents, inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each
case whether registered or unregistered and including all applications and
rights to apply for and be granted, rights to claim priority from, such rights
and all similar or equivalent rights or forms of protection and any other
results of intellectual activity which subsist or will subsist now or in the
future in any part of the world. This Agreement does not transfer to you any
intellectual property owned by Fleppar Inc. ( FLEPPAR) or third parties, and
all rights, titles, and interests in and to such property will remain (as
between the parties) solely with Fleppar Inc. (FLEPPAR). All trademarks,
service marks, graphics, and logos used in connection with the Website and
Services are trademarks or registered trademarks of Fleppar Inc. ( FLEPPAR) or
its licensors. Other trademarks, service marks, graphics, and logos used in
connection with the Website and Services may be the trademarks of other third
parties. Your use of the Website and Services grants you no right or license to
reproduce or otherwise use any of Fleppar Inc. ( FLEPPAR) or third-party
trademarks.
Disclaimer of warranty
You agree that such Service is
provided on an “as is” and “as available” basis and that your use of the
Website and Services is solely at your own risk. We expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose,
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service will be uninterrupted, timely, secure, or
error-free; nor do we make any warranty as to the results that may be obtained
from the use of the Service or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage or loss of data
that results from the download of such material and/or data. We make no
warranty regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or through the
Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted
by applicable law, in no event will Fleppar Inc. ( FLEPPAR), its affiliates,
directors, officers, employees, agents, suppliers or licensors be liable to any
person for any indirect, incidental, special, punitive, cover or consequential
damages (including, without limitation, damages for lost profits, revenue,
sales, goodwill, use of the content, impact on business, business interruption,
loss of anticipated savings, loss of business opportunity) however caused,
under any theory of liability, including, without limitation, contract, tort,
warranty, breach of statutory duty, negligence or otherwise, even if the liable
party has been advised as to the possibility of such damages or could have
foreseen such damages. To the maximum extent permitted by applicable law, the
aggregate liability of Fleppar Inc. ( FLEPPAR) and its affiliates, officers,
employees, agents, suppliers, and licensors relating to the services will be
limited to an amount greater than one dollar or any amounts actually paid in
cash by you to Fleppar Inc. ( FLEPPAR) for the prior one month period prior to
the first event or occurrence giving rise to such liability. The limitations
and exclusions also apply if this remedy does not fully compensate you for any
losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Fleppar
Inc. ( FLEPPAR) and its affiliates, directors, officers, employees, agents,
suppliers and licensors harmless from and against any liabilities, losses,
damages or costs, including reasonable attorneys’ fees, incurred in connection
with or arising from any third party allegations, claims, actions, disputes, or
demands asserted against any of them as a result of or relating to your
Content, your use of the Website and Services or any willful misconduct on your
part.
Severability
All rights and restrictions
contained in this Agreement may be exercised and shall be applicable and
binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render
this Agreement illegal, invalid or unenforceable. If any provision or portion
of any provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the intention of the
parties that the remaining provisions or portions thereof shall constitute
their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation,
and performance of this Agreement and any disputes arising out of it shall be
governed by the substantive and procedural laws of Ontario, Canada without
regard to its rules on conflicts or choice of law and, to the extent applicable,
the laws of Canada. The exclusive jurisdiction and venue for actions related to
the subject matter hereof shall be the courts located in Ontario, Canada, and
you hereby submit to the personal jurisdiction of such courts. You hereby waive
any right to a jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell,
sub-license or otherwise transfer or delegate any of your rights or obligations
hereunder, in whole or in part, without our prior written consent, which
consent shall be at our own sole discretion and without obligation; any such
assignment or transfer shall be null and void. We are free to assign any of its
rights or obligations hereunder, in whole or in part, to any third party as
part of the sale of all or substantially all of its assets or stock or as part
of a merger.
Changes and amendments
We reserve the right to modify
this Agreement or its terms relating to the Website and Services at any time,
effective upon posting of an updated version of this Agreement on the Website.
When we do, we will revise the updated date at the bottom of this page.
Continued use of the Website and Services after any such changes shall
constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have
read this Agreement and agree to all its terms and conditions. By accessing and
using the Website and Services you agree to be bound by this Agreement. If you
do not agree to abide by the terms of this Agreement, you are not authorized to
access or use the Website and Services.
Contacting us
If you would like to contact us
to understand more about this Agreement or wish to contact us concerning any
matter relating to it, you may do so via email at [email protected]
This document was last updated on
Feb 13th, 2022