These terms and conditions of use (the “Terms”) apply to the use of Flamingo’s Web Site www.ditesleavecdesailes.ca / www.sayitwithwings.ca (the “Web Site”) and constitute a legal agreement between you and Olymel S.E.C. conducting business under the Flamingo (“Flamingo”) banner.
The terms “you” and “yours” refer to any person using the Web Site.
Flamingo may offer you the opportunity of connecting to its Web Site or of using our services and tools via a mobile device. The provisions in these Terms apply to all types of mobile access and to the use of mobile devices. These Terms apply to all Web Sites adapted for mobile use.
1. Other Policies and Conventions
When you purchase Flamingo products via the Web Site, your purchase is subject to specific applicable Conditions of Sale of the Web Site, over and above these Terms, accessible at the following address: www.ditesleavecdesailes.ca / www.sayitwithwings.ca
2. Use of the Web Site
This Web Site is the property of Flamingo and was created to provide you with information and is for your personal, non-commercial use.
Your use of this Web Site is subject to these Terms and all applicable laws. By accessing and browsing this Web Site, you accept, without limitation or qualification, these Terms. If you do not agree with any of these Terms, please do not use this Web Site. It is your responsibility to ensure that by accessing the Web Site and the material provided on the Web Site or through it, you act in full compliance with the laws of each territory where you access it or through which you access the Web Site or the material.
3. Limitation of Liability
To the full extent allowed by applicable law and subject to what may be part of the Conditions of Sale, in no event shall Flamingo and its directors, administrators, employees, representatives and their respective successors and assigns be held liable for damages of any nature whatsoever stemming from the use of this Web Site and its content or for an invasion of your privacy, loss of revenue or profits no matter the cause, whether or not based on a contract (including failure to meet an essential obligation), these Terms, civil responsibility or tort (including negligence) or otherwise, even if Flamingo knew or should have known the possibility of such damages.
4. Disclaimer of Warranties
THIS WEB SITE, ITS CONTENTS AND ANY PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS.
FLAMINGO MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THIS WEB SITE, ITS CONTENTS, OR SUCH LINKS, PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN. FLAMINGO PROVIDES NO GUARANTEE WHATSOEVER INCLUDING AS IT PERTAINS TO THE ABSENCE OF ERRORS, INTERRUPTIONS TO SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEB SITE, ITS CONTENT OR ANY LINKS, PRODUCTS, FUNCTIONALITIES OR SERVICES PROVIDED THROUGH THIS WEB SITE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
5. Product Information
THE PRODUCTS AVAILABLE FOR SALE AND/OR DISTRIBUTION BY FLAMINGO ARE AVAILABLE ONLY IN CANADA AND THIS WEB SITE IS DIRECTED ONLY AT CANADIAN CUSTOMERS AND PROSPECTIVE CUSTOMERS. FLAMINGO and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by Flamingo, however Flamingo does not warrant or guarantee that product descriptions or other content of this Web Site are accurate, complete, reliable, current or error-free.
INFORMATION ON PRODUCT PRICING AND AVAILABILITY ON THE WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES ARE IN CANADIAN DOLLARS.
6. Copyrights and Trade-Marks
All the content of this Web Site, including the text, images, drawings, graphics, illustrations and photographs is protected pursuant to the Canadian Copyright Act. Any unauthorized use of the content of this Web Site, including all reproduction, distribution or redistribution, transmission or retransmission, communication to the public by telecommunication, performance, translation, distribution to the public or downloading is prohibited without the written authorization of Flamingo. Flamingo does not represent or warrant that such content does not infringe the rights of any other person or entity.
The Flamingo trade-mark is owned by Olymel S.E.C. and may not be used without the prior express written authorization of Olymel S.E.C.
7. Personal Information
Our privacy practices are explained in our Policy regarding protection of personal information (the “Policy”), which also governs your visit to this Web Site. Your continued use of this Web Site implies that you acknowledge that you have read this Policy and agree to be bound by and accept its terms and conditions.
Even though personal information provided to Flamingo is subject to the Policy, we consider that any other information or material that you send to Flamingo over the Internet (including without limitation any comments, suggestions, ideas, images, photographs, etc.) may be used by Flamingo without restriction, limitation or remuneration of any sort.
For more information on our personal information protection policy, click on the following link: ● [NTD: Please provide the website adress of the personal information protection policy.]
8. Electronic Communications
When you visit this Web Site or send e-mails to us, you are communicating with us electronically. In return, you consent to receive related communications from us electronically, whether by Internet, email or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For clarity, we will not send you commercial electronic messages without your express consent. [NTD: Any responses should be related to the customer’s communication. Flamingo cannot send commercial electronic messages on this basis – they must get express consent under CASL.]
9. Your Account
To use certain features of the Web Site, you may need, or will be given the opportunity, to create a user account (a “User Account”). To create a user account, you must provide us with certain information, for example, your first and last names, your e-mail address, country of residence and a password.
If you learn that the confidentiality of your user account is compromised, you shall immediately advise Flamingo so it can avoid accepting any potential fraudulent or unauthorized use of your user account.
Flamingo is not responsible for any unauthorized use of your user account, and you agree to bear all responsibility for any acts committed through your user account, unless you close it or report abuse or fraudulent use thereof.
The Web Site is meant for adults. People under 13 years old should not use it. Besides, if you are 13 years old or more, but you are not of legal age in your territory of residence, your parent or legal guardian should use this Web Site in your name, since you should not use this Web Site by yourself or provide personal information to Flamingo. Flamingo does not voluntarily collect information from children under 13 years old. Flamingo and its affiliates retain the right to refuse to serve certain clients, to close accounts and to cancel orders in their sole discretion.
10. Your Obligations
Your use of this Web Site must be in compliance with all applicable laws and regulations. You cannot: (i) use this Web Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or other disabling mechanisms; (vii) use this Web Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of this Web Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding this Web Site or the Internet with useless traffic.
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content on or through this Web Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you, including without limitation any personal information belonging to minors.
Flamingo is not responsible for any actions you take or refrain from taking in connection with the Web Site (your “acts”).
You agree that your acts are your sole and exclusive responsibility and acknowledge that you have performed them with full knowledge of the facts. Flamingo shall not be liable for any breach of the Terms that you have or may have committed. Accordingly, you agree to indemnify Flamingo and its subsidiaries, parent company, officers, agents, representatives, directors, employees and business partners in the event that legal action is brought against it for a breach of the Terms that you or any other person who has access to your account have committed.
In all cases, you agree to defend, indemnify, and hold harmless Flamingo, its affiliates, and subsidiaries, suppliers, partners and licensors, and each of their respective directors, officers, employees and members, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected to your access to or use of the Web Site as well as any violation of these Terms, laws or rights of a third party.
Flamingo reserves the right to insert advertising messages on this Web Site, messages that may lead to links to third party Web Sites. These links are provided for convenience only and do not mean that Flamingo endorses or recommends any third party’s products, services or information or warrants their accuracy. Flamingo is not liable for the content and practices referred to in third party’s Web Sites.
You may not create a link to this Web Site without the express written consent of Flamingo.
Flamingo may monitor access to, discussions and materials posted on the Web Site, and other activities relating to the Web Site, and take appropriate action with respect thereto but does not make any representation or warranty that it will do so. You consent to any such monitoring and any action Flamingo may deem appropriate to take.
Any notice or other communication under these Terms must be made in writing and will be considered to have been validly given if it was sent by email or by registered mail to the following addresses:
1580 rue Eiffel
Boucherville (Québec) J4B 5Y1
Attention: Customer services
Telephone: 1-800-361-7990 ext.: 3123
Email: [email protected]
To the User of this Web Site: the email or postal address provided to Flamingo as part of a user account profile or otherwise.
Flamingo makes no representation and does not guarantee that the content of this Web Site and each of its components will be exempt from errors, defects, viruses or other damageable components, or that access to it will be uninterrupted, or that these types of problems, if discovered, will be corrected.
Flamingo reserves the right, at its sole discretion, to prevent access to this Web Site in whole or in part, or to suspend or close your user account with or without notice.
Flamingo’ failure to insist upon the full performance of any obligation under these Terms or to exercise any right conferred upon him shall not be deemed a waiver of such obligation or right. Any waiver by Flamingo of any right granted to him under these Terms shall be valid only if in writing and signed and shall be valid only with respect to the right and circumstances expressly contemplated by such waiver.
18. Reservation of Rights
All rights not expressly granted in these Terms are reserved to Flamingo. Nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any licence or right under a copyright, patent, trademark or other intellectual property right of Flamingo or any other person or entity.
Flamingo reserves the right to amend these Terms from time to time, without notice. Notwithstanding the latter, Flamingo will advise you of any amendment to these Terms at least 30 days before they go into effect.
Following the posting of such changes, your continued use of this Web Site will constitute your acceptance of these Terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Each provision of these Terms is separate and distinct and, if a provision of these Terms is held invalid, illegal or unenforceable, all other provisions will remain in full force and effect.
21. Governing Law
These Terms, the Web Site and its use and any transaction carried out on or from this Web Site are governed by applicable laws of the province of Quebec and the laws of Canada, without reference to the principles of conflict of law. The judicial district courts of the province of Quebec shall have sole jurisdiction to hear any case relating to the interpretation or application of these Terms.
22. Territorial Scope
Flamingo makes no guarantee that use of the content of this Web Site is either possible or appropriate outside of Canada. Flamingo makes no representation that the content of this Web Site may be used outside of Canada.
Updated as of July 3, 2018