AGREEMENT REGARDING THE USE OF WIKIKI
This version has been in force since September 29, 2017.
OBJECT & CONFIRMATION OF ACCEPTANCE
These terms and conditions constitute an agreement between you and the Service provider (the “Service Provider” or “us” or “we”) regarding your access to the Application and use of the Services (the “Agreement”).
This Agreement and the specific Terms and Conditions pertaining to your use of the Services you have chosen are legally binding and apply once you begin to access the Application or use the Services, create a user account or confirm your acceptance hereof electronically.
If you are younger than 14 years old or if you do not accept all of the provisions of this Agreement, you may not access or use any of the Services.
When used in this Agreement, the following terms mean :
This Agreement, and specific conditions of the Services used as they may be modified from time to time.
Content (whether capitalized or not)
Any information, text, image, video, document or data published or broadcast through the Platform.
Any information created, generated, communicated or stored through the use of the Application or otherwise in the course of performance of this Agreement.
Document (whether capitalized or not)
Any file in any format and or any support.
The website accessible at the URL https://www.wikiki.com , the mobile applications on the Android and iOS operating systems operated by us and any other website or mobile application operated by us or one of our affiliates, that makes reference to this Agreement.
Service Provider or “we”, “us” or “our”
Means Wikiki Inc., also doing business as Groupe Wikiki Group or simply Wikiki, a Canadian business corporation with its head office in Montreal, Quebec, Canada.
Access and use of the Application in a software as a service mode in accordance with the specific conditions of service you have chosen.
Third Party Content
Any Content published or broadcast through via the Platform by a Third Party, including any info-letter, advertisement, offer or any other type of communication whatsoever, whether or not commercial in nature, aimed at or accessible to users of the Platform.
User, or “you”
Means you and the person or corporate entity you are authorized to represent.
Means the website accessible at https://www.wikiki.com , the mobile application offering similar functionalities or any other website operated by the Service provider or one of its affiliates.
USER ACCOUNT AND IDENTIFIERS
In order to create a user account, you must provide the information requested on the registration form, and then validate your registration by following the instructions sent to you by email.
You undertake not to assume the identity of a third party or create a false identity, and to update the information provided in the event of any change thereto. The Service Provider may deny access to the Services to any user whose provided information proves to be false or inaccurate.
Once the Identifiers are issued to you: (a) you are fully responsible for keeping the Identifiers and any use thereof confidential and secure; (b) you must maintain the confidentiality and security of the Identifiers at all times and not disclose them to any third party or allow any third party to use them; (c) you must ensure that any use of the Identifiers complies with this Agreement; (d) once you have accessed the Services using the Identifiers, you must not leave the computer terminal used to access the Services without having ended your session and closed the browser window you used
The Service Provider is under no obligation to verify the identity or authority of any person who uses the Identifiers to access the Services. The Service Provider may give effect to and act in accordance with any communication made or instruction given using the Identifiers. You are solely responsible for the use made of the Services, and any access or use of the Services through the Identifiers shall be deemed to have been by you. The Service Provider nevertheless may, at its sole discretion and at any time, insist on proof of the identity of any person seeking to access and use the Services, and may deny such access and use in whole or in part, or refuse to give effect to any communication, if not satisfied with the proof of identity provided.
If you suspect that your Identifiers have been lost, stolen or are known to or being used by a third party, you must immediately inform us by email at
ACCESS AND USE OF THE PLATFORM
You are authorized to use the Services only as expressly provided in this Agreement, in accordance with all applicable laws.
You are entitled to use our Platform only for your personal use. You are responsible for all activities that occur in or are related to your account, and for the consequences thereof.
We can suspend your right to access the Services, or unilaterally terminate this Agreement, if you do not comply with it or the Terms and Conditions of the Services you select, or if you engage in inappropriate use of the Services.
Without limiting the generality of the foregoing, it is prohibited to publish any content
Framing, mirroring, scraping or data-mining of the Services or the Website or the content thereof in any form or manner whatsoever are prohibited. The use of peer-to-peer transfer or collaborative viewing and display technologies in conjunction with your use of the Services. / It is also prohibited to copy, reproduce, download, post, transmit, modify, index, catalogue, decompile, mirror or distribute any feature of the Platform, in whole or in part.
Similarly, framing, scraping or data-mining any aspect or feature of the Platform in any form and by any method is strictly prohibited.
The aspects and features of the Platform include headers, graphical elements, icons, text, lay-out, arrangement, coordination, image enhancement, graphics, audios and videos, images, software, designs, applications, documents, data and any other element available on or through the Platform.
When accessing or using the Services, you must refrain from any act or activity that could affect the accessibility, security, integrity or functionality of the Website or the systems or networks of the Service Provider or any of its subcontractors, as well as any unauthorized attempt to access the Data or Documents of other users.
COMMUNICATIONS TO USERS
By creating a user account, you are confirming that both the electronic address provided by you and your user account are active addresses at which you agree to receive documents intended for and sent to you by us, and that the transmission of a document to that address or user account creates a presumption that you received the document.
With the exception of Third Party Content, the Services (including all content, headers, graphics, icons, and scripts, and the layout, arrangement, coordination, image enhancement and any other information in the scripts, graphics, audio and video clips, images, icons, software, designs, applications, data and any other element available in or through the Services) are the property of The Service Provider.
Likewise, certain names, words, phrases, logos, icons or designs appearing on the Website are trade-marks of the Service Provider. Those trade-marks are protected in Canada and other countries. Our marks include “Wikiki” and the following images:
The Platform and the trademarks of the Service Provide, like Third Party Content, are protected by Canadian and international copyright, trademark and other laws. Your use of the Services does not give you any property rights or any other right whatsoever in the same. You may not copy, reproduce, republish, download, display, transmit, modify, index, catalog, decompile, make a mirror image copy or distribute the Services, in any manner whatsoever, in whole or in part, without the written consent of the Service Provider.
We will collect, use and disclose your personal information in accordance with the Act respecting the Protection of personal information in the private sector and its own Confidentiality Policy https://www.wikiki.com. We may modify its Confidentiality Policy from time to time by posting a notice to that effect on the Website. By accepting this Agreement, and each time you use the Services, you will be consenting to the collection, use and disclosure of your personal information by us in accordance with APPIPS and our Confidentiality Policy.
We undertake to notify you forthwith if an event occurs that could compromise the confidentiality or security of your Data and Documents, including any instance of hacking by a third party. In such event, you shall take all action necessary to minimize any harm, loss or damage that might ensue.
EXTENT OF RESPONSIBILITY AND WARRANTY AND LIMITATION OF LIABILITY
You will be accessing and using the services without any representation or warranty on the part of the service provider other than as expressly stipulated herein, and you hereby waive any right to claim the benefit of any such other representation or warranty.
In addition, you acknowledge and agree that:
We assume no liability and cannot be held liable in any way for your use of the Platform or that of any third-party user, or for inability to access or use the Platform;
The Platform and all access thereto may be modified, updated, interrupted, suspended, even indefinitely, or permanently stopped at any time without notice or liability towards you;
We assume no liability and provide no warranty whatsoever in respect of Third Party Content or the accuracy of information published by third parties. You therefore use the Platform at your own risk, including the risk of being exposed to content that is harmful, indecent, erroneous, false, misleading, illegal, disturbing or otherwise deficient.
The Services may include links or references to the websites of other resources or businesses operated by third parties (collectively, “Other Sites”). The Other Sites are independent of THE SERVICE PROVIDER and we have no control over and are accordingly not responsible in any way for their content or related products, services or activities. Unless otherwise expressly indicated, the Service Provider neither sponsors nor recommends Other Sites and their content or related products, services or activities. If you access Other Sites and do business with their operators, you do so entirely at your own risk, and you hereby waive any right to make any claim against the Service Provider in respect thereof.
The service provider will in no event be liable towards you or any other person whatsoever for any loss or damage of any kind, including without limitation, lost data, documents, revenue, profits or goodwill, or damage to reputation, whether or not foreseeable, whether contractual or extra-contractual, attributable or related to your use or the unavailability of the services, notwithstanding that the service provider may have been advised of the possibility of such damages.
The Service Provider may amend this Agreement and the Terms and Conditions from time to time, and we will advise you of any amendment by posting a notice on the Website or sending you a notice in conjunction with your use of the Services. By accessing or using the Services after such notice has been posted or sent, you will be confirming your consent to being bound by the Agreement and the Terms and Conditions applicable to the Services you select as amended. If you do not consent to the amendment, you must cease all use of the Services.
APPLICABLE LAW AND RESOLUTION OF DISPUTES
This Agreement, including your right to access and use the Services, as well as any other related matter, are governed by the laws applicable in the Province of Québec. Any dispute between you and THE SERVICE PROVIDER arising out of the Services, this Agreement or any matter related thereto will be submitted to the competent court sitting in and for the judicial district of Montréal, province of Quebec.
This Agreement and its Terms and Conditions replace and supersede any other agreement, written or oral, that may have been in effect between you and the Service provider.