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Terms & Conditions


Last update : October 07th, 2022

PLEASE READ CAREFULLY THE TERMS OF SERVICE BEFORE USING THE WEBSITE

The following terms and conditions govern and apply to your use of the website maintained by Ekyata (the "website").

By accessing the website or browsing on it, you declare to have read and understood the terms of service and declare to be bound by these conditions. Please note that we may change the terms of service at any time without notice. Your continued use of the website will be deemed acceptance of the revised terms and conditions.

 

1. INTELLECTUAL PROPERTY

Any intellectual property on the website, with the exception of content generated by users as defined below, is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and / or licensed by us. All content on the website, except User Generated Content as defined below, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian law or any other copyright law and is the property of Ekyata and its third party partners or property of third parties who allow the commercial usage of their work (pictures, music, videos...)

All rights reserved. 

2. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the website, including, without limitation, documents, data or information developed by us, or any other material that may assist you in using the website or services (the "Company Content"). Company Content may not be used for any purpose other than the use of the website and the services offered on the website. Nothing herein should be construed as granting you any license or intellectual property rights.

3. CONTENT GENERATED BY USERS

"User-generated content" includes communications, elements, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content you and / or other website users post or make available on or through the website, except for content which is our property.

4. USER ACCOUNT AND USE OF THE ACCOUNT

If your use of the website requires an account identifying you as a user of the website (a "user account"):

  1. you are solely responsible for your user account, maintaining, confidentiality and security of your user account and all of the passwords related to your user account as well as the activity of any person who has access to your account with or without your permission;
  2. you agree to immediately notify us of any unauthorized use of your user account, services through your user account, a word password linked to your user account or any other breach of the security of your user or service account provided through your user account, and you agree to assist us, as we may ask you, to stop or remedy any security breach related to your account; and
  3. you agree to provide user information that is truthful, accurate and current, as we may request from time to time, and you agree to notify us of any changes to your user information as required so that the information we hold is true, accurate and current.

5. PAYMENT

When you make a purchase on the website, you agree to provide an instrument of payment that is valid. Pay attention to the details of the transaction since the total price may include taxes, fees, custom fees and shipping costs for which you might be responsible for. You might be responsible for extra costs (customs, your country's applicable taxes) not included in the transaction made on our website.

When you provide us with a payment instrument, you declare that you have the permission to use this payment instrument. When you make payment, you authorize us and the payment service we use to charge the total amount on the payment instrument you have designated for the transaction.

You also authorize us to collect and record this payment instrument as well as any other information related to the transaction. If you are paying by debit or credit card, we can obtain from the issuer of the card a pre authorization of an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for pre-authorization may not be immediately available on your account.

We reserve the right to cancel any transaction if we believe that the transaction violates these terms of service or if we believe that by doing so we can prevent financial loss.

In order to prevent any financial loss, we may contact the issuer of your payment instrument, police authorities or any third party affected (including other users) and may share the details of any payment you are associated with if we believe that such action could prevent a loss financial or legal violation.

Payment for any ongoing service will be billed automatically until you notify us that you want to end the services.

6. SALE OF PRODUCTS AND/OR SERVICES

We can sell products or services. We are committed to being as accurate as possible with all information about products and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information relating to any product and you acknowledge and agree that the purchase of such products is at your own risk.

7. SHIPPING, DELIVERY AND RETURN POLICY

You agree to provide payment for all items that you may purchase from the website, and you acknowledge and agree that prices are subject to change.

When you purchase a physical product, you agree to provide us with a valid email address and shipping address as well as valid billing information.

We reserve the right to refuse or cancel an order for any reason whatsoever, including an error or omission in the data you provide to us. Where applicable, if the payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical products, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time of shipment of the order. You agree to monitor your payment instrument. Shipping and delivery costs as well as expected delivery dates are subject to change due to unforeseen circumstances.

For any questions or disputes, you agree to contact us in a timely manner at the following email address : ekyataboutique@gmail.com

You agree to release us from any liability for legal recourse if you do not contact us first.

For any return and refund, please read carefully our product return and refund policy at the following page : https://ekyata.com/pages/return-policy

8. ACCEPTABLE USE OF THE WEBSITE

You agree not to use the website for any illicit purpose or any other purpose prohibited under this clause. You agree not to use the website in any way that could harm www.ekyata.com, its services or business activity.

You also agree not to use the website for the following purposes:

  1. harass, abuse or threaten another person or otherwise violate the rights of any person;
  2. violate Ekyata's intellectual property or any other third party;
  3. download or transmit computer viruses or any other software that could damage the property of Ekyata or others;
  4. commit fraud;
  5. create or participate in illegal gambling, lottery or pyramid scheme activities;
  6. post or distribute obscene or defamatory material;
  7. publish or distribute any material that incites violence, hatred, or discrimination against any group; and or
  8. illegally collect information about others.

9. PROTECTION OF PRIVACY

By using our website, you may provide certain information to us.

By using the website, you authorize us to use your information in Canada and in any country in which we may operate and to share your information with any third parties we work with.

When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and / or billing information. Depending on your use of our website, we may also receive information from external applications that you use to access our website or we may receive information about you through various web technologies such as cookies, logs, web beacons (also called "invisible GIFs"), beacons and others.

We use the information collected from you to ensure that you have a good experience on the website. We may also track some of the passive information received to improve our marketing and analytics, and to do this we may work with third party vendors.

If you wish to block our access to any passive information that we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive information about you that you provide to us, such as your email address.

If you choose to terminate your account, we will store and retain your information for the following period of time: 12 months. After this time, all information about you will be deleted.

En utilisant notre site, il est possible que vous nous fournissiez certaines informations. En utilisant le site, vous nous autorisez à utiliser vos informations au Canada et dans tout pays dans lequel nous pourrions opérer.

Lorsque vous vous inscrivez pour un compte d'utilisateur, vous nous fournissez une adresse courriel valide et vous pourriez également nous fournir certaines informations additionnelles, telles que votre nom et/ou vos informations de facturation. Selon l'utilisation que vous faites de notre site, nous pouvons également recevoir de l'information d'applications externes que vous utilisez pour accéder à notre site ou nous pouvons recevoir de l'information sur vous par diverses technologies du web telles que les cookies, les historiques, les pixels invisibles (aussi appelés "GIF invisibles"), les balises et autres. 

10. REVERSE ENGINEERING AND SAFETY

You cannot take any of the following actions:

  1. use reverse engineering or disassemble any code or software on or from this website;
  2. violate or attempt to violate the security of the website by any unauthorized access, bypassing encryption or any other security tool, exploitation of data or interference with any host, user or network.

11. DATA LOSS

We are not responsible for the security of your user account or the contents of your account. Use of the website is at your own risk. 

12. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Ekyata and its affiliated companies against any and all claims, suits or demands, including attorneys' fees, which may arise out of or relate to your use or abuse of the website, your violation hereof or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.

13. SPAM POLICY

You are strictly prohibited from using the website or any service offered on the website for illegal activities related to spam, including collecting the addresses and personal information of others or sending mass trading emails.

14. THIRD PARTY LINKS AND CONTENT

We may post links to third party websites or services. We are not responsible for any damage or loss related to the use of the services of third parties linked to on our website.

15. INDEPENDENCE OF CLAUSES

If one of these clauses is recognized as illegal, declared null or inapplicable, in whole or in part, the inapplicable portion will not affect the validity and the applicability of the other clauses of these terms of service.

16. SERVICE INTERRUPTIONS

We may have to interrupt your access to the website in order to carry out maintenance work or unscheduled emergency work. You agree that your access to the website may be affected by an unplanned or unanticipated downtime, for any reason, and that we will not be liable for any damages or losses arising from such downtime.

17. TERMINATION OF USER ACCOUNT

We may suspend, limit or terminate your user account and your use of the website in our sole discretion, at any time, without notice and for any reason, including the operation or effectiveness of the website or equipment or network owned by us or by a third party that is disturbed by your use or abuse of the website or if you have been or are currently in violation of the terms hereof. We will not be liable to any third party, including a third party vendor, for any suspension, limitation or termination of your access to the website.

18. NO WARRANTIES

Although we have made reasonable efforts to ensure that the content of this website is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. In any case, we can not be held responsible for any damage that may result from an error on the website.

We do not assume any responsibility for any damage arising from the misuse of the content of the website. We also cannot guarantee that the website will be available without interruption, without errors or omissions, or that defects will be corrected. It is also not possible to guarantee that the website and the servers which make it available are free of viruses or harmful components. The website and its content are provided "as is" and "as available" without any representation, warranty or condition of any kind, express or implied.

If you decide to subscribe to any services or features of the website that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure their accuracy by making the necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you when registering or subscribing to Ekyata or its partners and to assume responsibility with respect to all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We can not be held responsible, directly or indirectly, for any loss or damage of any kind arising from your failure to comply with this provision or related to such failure.

You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your account, your use of or access to the website or any of its services, and withdraw and delete any information or content relating to the website or to any of the services offered (and terminating your use of it), for any reason whatsoever, including if we believe that you have violated these conditions. Further, you acknowledge that we will not be liable to you or to anyone as a result of any such suspension, cancellation or termination. If you are dissatisfied with Ekyata or any of its services, or any of these terms, rules, policies, guidelines or our practices relating to the operation of Ekyata or any of its services, your sole remedy is to stop using the website or service in question.

19. CONFIDENTIALITY

In addition to these terms and conditions, the website has a privacy policy which describes how personal information is handled when you visit the website, as well as how cookies are used.

For more information, please see our Privacy Policy at : https://ekyata.com/pages/privacy-policy

By browsing the website, you declare that you have also read the aforementioned privacy policy. 

20. LIMITATION OF LIABILITY

We are not responsible for any damages that you may suffer as a result of your use of the website, to the full extent of the law. Ekyata's maximum liability arising from your use of the website is limited to twenty (20) Canadian dollars. This is valid for any claim including, without limitation, loss of profits or income, indirect or punitive damages, negligence, civil liability or fraud of any kind.

21. ADDITIONAL QUESTIONS AND INFORMATION

For any questions or for further information, please contact us at the following address: ekyataboutique@gmail.com