Last updated: February 22, 2022
1. MODIFICATION OF THE TERMS
1.1. Right to modify the Terms. Flamingo reserves the right, at its sole discretion, to modify the Terms from time to time.
1.2. Notice of amended Terms. Unless Flamingo makes a change for legal or administrative purposes, Flamingo will provide reasonable notice before the amended Terms come into effect. You agree that Flamingo may notify you of the amended Terms by posting them on the Website.
1.3. Acceptance of the amended Terms. Your use of the Website after the effective date of the amended Terms constitutes your acceptance of these amended Terms. You will need to review these Terms and any amended Terms before using the Website.
1.4. Effective Date of the amended Terms. The amended Terms will become effective upon posting on the Website or at a later date as may be specified in the amended Terms and will apply to your use of the Website as of such effective date.
2. USE OF THE WEBSITE
2.1. Features. The Website allow you to obtain information about our products, locate our retail locations, view blog posts among other things.
2.2. Access and Use. You are allowed to access and use the Website for your personal and non-commercial use solely and to consult the various information and content available thereof.
2.3. Contests and coupons. This web site may run contests from time to time and offer coupons. All contests are subject to the applicable contest rules. By participating to a contest, you accept the applicable contest rules and terms and conditions of this web site. All coupons provided on this website are subject to the terms and conditions set forth on such coupons.
2.4. Restrictions. You shall not i) use the Website for purposes other than in accordance with these Terms, ii) copy, distribute, or disclose any part of the Website in any medium, including by any automated or non-automated web scraping tool or technique, iii) use any automated system, including “robots,” “spiders,” and “offline readers”, to access the Website, iv) transmit, via the Website, spam or other unsolicited content, v) attempt to interfere with the servers running the Website, compromise its system’s integrity or security, or decipher any transmissions to or from it, vi) take any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Website infrastructure, vii) upload invalid data, viruses, worms, or other malware through the Website, viii) collect, extract or harvest, or attempt to, any personally identifiable information from the Website, ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, x) interfere with the proper working of the Website, xi) access any content on the Website through any technology or means other than those provided or authorized by the Website, xii) bypass the measures that Flamingo may use to prevent or restrict access to the Website, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein, xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works from the Website, or xiv) otherwise use the Websites in contravention with applicable law.
2.5. Investigations and Prosecutions. Flamingo reserves the right to investigate any breach of these Terms and to take appropriate remedies to the fullest extent permitted by law. You acknowledge that Flamingo has the right to ensure compliance with these Terms, applicable laws, orders and requirements of a court or governmental body. In case of violation of these Terms, Flamingo shall have the right, at any time and without notice, to disable your access or use of the Website.
2.6. Data encryption. You understand that the information you provide to us may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
3. ELECTRONIC COMMUNICATIONS
3.1. When you provide Flamingo with your email address through the Website, you expressly agree that Flamingo will retain your email address in its databases or that it may use this email address in its mailing lists to communicate with you (i) to conduct surveys or verifications concerning the Website, in particular regarding its functionalities, its usability, and your appreciation of it (ii) to share with you information and news about Flamingo, or (iii) for any other reason relating to the Website or Users’ security.
4. INTELLECTUAL PROPERTY
4.1. Trademarks. All trademarks (including words, expressions and logos) used by Flamingo for the purposes of distinguishing its own goods or services from those of others, are owned by Olymel L.P.. Trademarks of Flamingo may not be used, reproduced or replicated, in whole or in part, without the prior written permission of Olymel L.P.
4.2. Copyright. All original works reproduced or published on the Website are protected by copyright. The owner of the copyright in each work reserve all its rights in it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
4.3. Other Rights. The Website may also be protected by industrial designs or patents. Flamingo reserves all rights to the Website not expressly granted. You agree not to engage in the use, copying, or distribution of any content of the Website other than as authorized.
4.4. Feedback. Flamingo is free to use, take advantage of, disclose, publish, withhold or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Website or any Flamingo product (“Feedback”), without compensation or attribution to you or to any person responsible for this Feedback.
5. PERSONAL INFORMATION
The Website may contain hyperlinks to external Internet sites that remove you from the Website (the “External Sites”). You acknowledge and agree that Flamingo is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by Flamingo of these External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Website, you expressly release Flamingo from any liability arising from your use of any External Site.
7. NO WARRANTY
Flamingo may update the Website without notice. Although Flamingo does everything in its power to ensure that the information presented on the Website is complete and accurate, Flamingo cannot guarantee that such information is free of errors, omissions and inaccuracies. Flamingo makes no warranty regarding the quality of any content consulted or obtained through this Website.
8. LIMITATION OF LIABILITY
You acknowledge and agree that you assume all risk arising from your access to or use of the Website, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, in no event shall Flamingo, its affiliates, directors, employees, agents, licensors or successors and assigns be liable for damages of any kind, including, but not limited to, (i) any damages caused in connection with the use of the Website, or (ii) loss of use, loss of profits or loss of data, whether in proceedings in contract or tort, or otherwise, arising directly or indirectly out of the use or performance of the Website, including any damage caused by or resulting from a user’s reliance on any information obtained by the Website, or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure in performance.
By using the Website, you agree to defend, indemnify and hold harmless Flamingo and its officers, agents, directors, employees, licensors and assigns from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Website, or your violation of these Terms or the rights of third parties. Flamingo may assume the exclusive defense and control of any matter for which you have agreed to indemnify Flamingo and you agree to assist and cooperate with Flamingo in the defense or settlement of any such matters.
10.1. Termination by Flamingo. Flamingo may terminate or suspend your access to or use of the Website immediately, without notice or liability, for any reason, including breach of these Terms.
11. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to its conflict of law provisions. Your conduct may also be subject to other local, national or state laws.
12.2. Assignment. You cannot assign or transfer these Terms or any rights or obligations thereto.
12.3. Waiver. Flamingo’s failure or delay in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver of such right, remedy, power, or privilege. To be valid, a waiver must be in writing and must be signed by Flamingo. A written waiver of any default shall not be construed as a waiver of any other default or failure of the same nature that may occur in the future.
12.4. Invalidity or Unenforceability. In the event that one or many provisions of these Terms is declared invalid or unenforceable or inapplicable by a court of competent jurisdiction, such invalidity or inapplicability will not affect the validity or applicability of the other provisions of these Terms. These Terms will then be interpreted as if the invalid or inapplicable provision had never formed part of these Terms.
13. CONTACT US
Flamingo appreciates your comments, questions, and feedback, which may be sent to:
1580 rue Eiffel
QC, Canada, J4B 5Y1
Email : ServiceClientele2@OLYMEL.com
Phone : 514-858-9000 #3123
Toll Free : 1-800-361-7990 #3123
Fax : 450-645-2869