PLEASE READ THESE TERMS AND CONDITIONS OF USE ATTENTIVELY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
1. Access Conditions. We welcome you on the www.flushaloo.com (the “Website”) website. The Website and its contents are the exclusive property of Les Innoations ADAPTIVA Inc,, with its head office at 206, St-Pierre Street, Matane, Quebec, G4W 2B5.
2. Products, content and specifications. All content, functions, specifications, products, pricing and services described or represented on the Website can be modified at any time, without notice. Some quantities and similar descriptions are approximative and are given for convenience of reference only. ADAPTIVA makes all reasonable efforts in order to show the correct product description, including colour resolution; however, the colours you see highly depend on the colour configuration of your device screen and we cannot guarantee that your device screen will show the correct colours. The inclusion of the products and/or services on this Website at any time does not signify nor guarantee that these products and/or services are available at all times.
3. Use of products. It is your responsibility to verify and to be conformed to all applicable local, provincial, federal and international laws (including minimum age requirements) relative to the possession, the usage and the sale of all products purchased on this Website. Upon purchase, you recognise that the purchased products will be solely used in a legal fashion.
4. Information accuracy. We make an effort in order to display complete, updated and accurate information on this Website. However, even with the efforts made, the information on this Website can sometimes be inaccurate, incomplete or outdated. Moreover, some errors may occur and ADAPTIVA will do its best to identify, bring to your attention and correct them by an announcement on the Website or in store as soon as possible. We do not claim that all information on this Website be extensive, accurate and up to date. For example, the products on this Website may not be available or may have an updated price which differs from the displayed price on the Website. Moreover, we reserve all rights to modify the pricing and availability information without prior notice. Though it is common practice for us to send an email confirming the user’s order, it does not constitute the acknowledgement of the order or the confirmation of processing a certain offered product or service. We reserve all rights to limit the purchased quantity of any product or service for any order or to refuse the service to user without prior notice. We may also ask that the user provide an information verification before processing and/or shipping any order. ADAPTIVA reserves all rights to cancel, terminate any processed order and not process any pending orders if the pricing or any other important information displayed on the Website relative to the product is inaccurate or if we perceive or suspect an anomaly or an irregularity of any which nature concerning the order placed or the chosen payment method. In such a case, we will inform the user that the order has been cancelled and will refund all paid amounts. ADAPTIVA reserves all rights to denounce and to sue any person who has placed or has attempted to place an illegitimate or fraudulent order, including identity theft.
5. Shipping restrictions. Once an order has been processed, it will be shipped to the address designated by the user given that this shipping address complies with the indicated shipping restrictions on this Website. All purchases completed on this Website include a shipping contract which states that the user authorises IBW to conclude a deal with the transporter on their behalf.
6. Usage of this Website. The conception of this Website and all its text, images, information, content and other posted or downloadable material from this Website are protected by applicable laws concerning copyrights and trademarks. These elements can not be used other than in the premises indicated within the present Terms and Conditions of use or with the written authorisation given by ADAPTIVA or the author of such material. The software, the content and all other technological components of this Website are the property of ADAPTIVA or its affiliated societies and suppliers. All rights reserved. ADAPTIVA also possesses the copyrights in this Website as a whole. No third party is permitted to use, modify, reproduce, advertise, present or distribute any published and/or downloadable information or material for any commercial purpose. All unauthorised use of this information or material is violating the laws regarding copyrights, trademarks, advertisement, respect of private life and other laws and regulations.
7. Trademarks. Some published and used commercial names, trademarks, service marks and logos on this Website are commercial names, trademarks, service marks and logos, registered or not, belonging to ADAPTIVA or its affiliated societies. Other commercial names, trademarks, service marks and logos used or published on this Website are commercial names, trademarks, service marks and logos, registered or not, belonging to their respective owners who have authorised ADAPTIVA to use them on this Website. Under no circumstance shall the content of this Website be interpreted implicitly, explicitly or other implication as the authorisation to use which ever published licence or commercial name, trademark, service mark or logo on this Website without a written authorisation from IBW, its affiliated societies, suppliers or other owner.
8. Linking this Website. The creation of the maintenance of all links of this Website on any other website is forbidden without the written authorisation from ADAPTIVA. Publishing or posting all information or material pertaining to this Website in screenshots or partial divulgation on any other website is strictly forbidden without a written authorisation from ADAPTIVA. All authorised links for this Website shall comply to all laws and regulations applicable.
9. Hyperlinks. Access and use the hyperlinks on this Website to acknowledge the instructions they contain. These hyperlinks give additional instructions on the published articles and their characteristics, as well as certain purchasing restrictions or applicable conditions regarding the order.
10. Third party links. This Website may contain, from time to time, hyperlinks leading towards websites that are not possessed, exploited or controlled by neither ADAPTIVA nor its affiliated societies. These hyperlinks are provided solely for the purpose of convenience of access to informative references. If the user decides to access these hyperlinks, the user is leaving this Website. Neither ADAPTIVA nor any of its affiliated societies is responsible for any content, material or other information made accessible and published by any other website. Neither ADAPTIVA nor any of its affiliated societies approve, guarantee nor make relative representations of the security, the content, the material or information published or accessible from other websites nor of the results that you may achieve by using them. If the user decides to access other linked websites or through the hyperlinks made available through this Website, the user acknowledges that they are doing so entirely at their own risk and perils.
11. Inappropriate Material. It is strictly forbidden to publish or to transmit all illegal, threatening, defamatory, slanderous, obscene pornographic or scandalous material or any other material that could constitute or encourage conduct considered as a criminal infraction or as a violation of civil rights or any law. In addition to any remedies that we may have at law or in equity, if found to have violated the previous prohibitions, ADAPTIVA may take all action judged necessary to remedy or to prevent the violation, including and not limited by, immediately deleting of material on this Website. ADAPTIVA fully cooperates with all law enforcement authorities, of all court orders or prompts to aid in revealing the identity of the person publishing this inappropriate material.
12. Information and communications of the user. At the exception of personal identification information, which are submitted to the Confidentiality Policy on this Website, all material, information, suggestion, idea, concept, know-how, technique, question, product evaluation, comment or all other communication that the user transmits or publishes in any way on this Website (“User Communications”) is and will be considered as non confidential and not protected. ADAPTIVA and our affiliated societies and their respective representatives is permitted to use all or parts of the user’s communications for any usage, including without limiting to, the transmission of information, divulgation, reproduction, publication, diffusion, development, manufacture or marketing, in any which way, be it for commercial purposes or not. ADAPTIVA may oversee or examine, without obligation, the user communications. ADAPTIVA holds no responsibility concerning the content of the user’s communications, be it the copyright, defamation, private life, obscenity or other applicable laws. ADAPTIVA reserves all rights to delete, at our sole discretion, any user communications deemed inappropriate or inacceptable.
13. Username and password. The user needs to have a username and a password for certain activities on this Website. We can cancel or suspend, at our sole discretion, the user’s username and password without prior notice and without responsibility towards the user or any other person. We have no obligation to verify the real identity or authority of any persons using the username and password to access and use the Website. At any moment and without obligation, we can ask for proof of identity of any person wanting to access and to use the Website and can refuse access to whom the proof is deemed unsatisfactory. The user is entirely responsible of the security of their username and password an all the proper and improper uses. The user is responsible to immediately report to and inform us of any unauthorised use of their account. Neither ADAPTIVA nor any of its affiliated societies can be nor will be responsible of any damage following an unauthorised usage of the user’s account or password breach.
14. Contests. All contests are regulated by the present Terms and Conditions, the official rules of the contest and applicable legislation. Upon participation in the contest through this Website, the user consents to and accepts the present Terms and Conditions, the official rules of the contest and the applicable legislation.
15. NON-RESPONSIBILITY DISCLAIMER. AS A USER OF THIS WEBSITE, THE USER ACCEPTS THAT THEIR USE PRESENTS A POTENTIAL RISK OF MALWARE AND VIRUS INFECTION TO THEIR COMPUTER OR THEIR HARDWARE PERIPHERALS. IBW IS NOT RESPONSIBLE, BE IT OF ANY NATURE OR METHOD, FOR THE DAMAGE OR LOSS OF INFORMATION CAUSED BY THE INFILTRATION OF MALWARE OR VIRUSES INTO THE USER’S COMPUTER SYSTEM. THE USER ACCEPTS TO USE THIS WEBSITE ENTIRELY AT THEIR OWN RISKS AND PERILS. NEITHER ADAPTIVA NOR ANY OF ITS AFFILIATED SOCIETIES WILL BE NOR CAN BE HELD RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER, TELECOMMUNICATION EQUIPMENT, THE STORED DATA OR ANY OTHER INFORMATION CAUSED BY THE USER OR THEIR ACCESS, USE OR NAVIGATION ON THIS WEBSITE OR BY THE DOWNLOADS OF ANY INFORMATION OR MATERIAL AVAILABLE ON THIS WEBSITE. NEITHER ADAPTIVA, ITS DIRECTORS, ADMINISTRATORS, EMPLOYEES, STOCKHOLDERS, SISTER COMPANIES, AFFILIATED SOCIETIES, AGENTS, SUCCESSORS OR RIGHT HOLDERS, NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION OR DIFFUSION OF THIS WEBSITE SHALL BE HELD RESPONSIBLE TOWARDS THE USER OR ANY OTHER PERSON FOR THE DIRECT OR INDIRECT DAMAGE, SPECIAL, EXEMPLARY OR ACCESSORY (INCLUDING WITHOUT LIMITATION TO THE DAMAGES CAUSED BY LOSS OF PROFIT, LOSS OF DATA OR INTERRUPTED BUSINESS) CAUSED BY THE USE, THE INABILITY TO USE, FOR ANY REASON, INCLUDING THE FORCE MAJEURE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY OTHER WEBSITE LINKED TO THIS WEBSITE, OR DOCUMENTS, INFORMATION OR SERVICES PUBLISHED AND MADE ACCESSIBLE ON THESE SITES IN THE INSTANCE OF PROBLEMS OCCURRING WITHIN THIS WEBSITE OR ITS CONTENTS, THE USER ACCEPTS THAT THE ONLY COURSE OF ACTION SHALL BE TO STOP USING THIS WEBSITE. THE INFORMATION, MATERIAL AND SERVICES PROVIDED ON OR BY MEDIUM OF THIS WEBSITE MAY BE OUTDATED AND NEITHER IBW NOR ANY OF ITS AFFILIATED SOCIETIES ENGAGES IN OR IS OBLIGATED TO UPDATE THESE INFORMATION, MATERIALS OR SERVICES.
16. GUARANTEES. WITHIN THE LIMITS OF THE APPLICABLE LAWS, WE EXCLUDE ALL GUARANTEES, WHETHER EXPLICIT OR IMPLICIT, INCLUDING ALL IMPLICIT GUARANTEES CONCERNING THE PRODUCTS AND SERVICES PUBLISHED OR PURCHASED ON THIS WEBSITE OR BY THE MEANS OF THIS WEBSITE. WITHOUT LIMITATIONS TO THE GENERALITIES OF THE PREVIOUS STATEMENT, ADAPTIVA EXPLICITLY EXCLUDES, BY THIS CLAUSE, ALL RESPONSIBILITY OR ALL CLAIMS FROM PROPER OR IMPROPER USE, ABUSE, MODIFICATION OR THE ERRONEOUS SELECTION OF A PRODUCT, THE NON-CONFORMITY TO THE CODE OR MISAPPROPRIATION.
WITH THE EXCEPTION OF (A) MANUFACTURERS’ GUARANTEE OF THE PRODUCTS SOLD ON THIS WEBSITE AND THE CONTENTS OF THE TERMS AND CONDITIONS AND, (B) THE GUARANTEES APPLICABLE BY LAW; ADAPTIVA IS NOT REPRESENTED IN ANY WAY, SHAPE OR FORM, IMPLICITLY OR EXPLICITLY, RELATIVE TO A PARTICULAR USAGE FOR WHICH AN ITEM MAY BE DESTINED.
17. Compensation. The user accepts to defend, compensate and always hold ADAPTIVA, its administrators, directors, employees, outsourcing, partners, sister companies and affiliated societies harmless for all claim, suit, demand, responsibility, fees and costs, including reasonable court fees, relative to or caused by all violation of the present Terms and Conditions, or relative to the usage of the content or of this Website, or relative to the transmission of all message or information to ADAPTIVA.
18. Revisions of the Terms and Conditions. The present Terms and Conditions may be revised at any moment and from time to time, updating this publication. From time to time, the user must visit this page to acknowledge the changes made to the Terms and Conditions, which are mandatory and concern them. Certain clauses of the present Terms and Conditions may be replaced by legal mentions or terms present on certain pages of this Website. The continued usage of this Website following a notice, no matter the form taken, signifies the acceptance of the revised conditions of the present Terms and Conditions.
19. Applicable laws. The present Terms and Conditions, the usage of this Website and all its material are exclusively regulated by the laws in the province of Quebec, Canada and the federal laws of Canada, with the exception of the regulations of private international laws or conflict of laws that would lead to the application of any other legislation.
20. Termination. ADAPTIVA can suspend or terminate the user’s account or the use of this Website at any time, with or without motive. The user is personally responsible for all orders or all outstanding costs and fees by means of their account before its termination. We reserve all rights to modify, suspend or interrupt all or any aspect of the Website at any moment, without notice.
21. Supplementary Assistance. If the user does not understand the Terms and Conditions above or if they have questions or comments, we encourage you to contact us.
By e-mail: email@example.com
By telephone: 1-877-224-7277
By mail: 206 rue Saint-Pierre, Matane, Qc, Canada, G4W 2B5