1. PURPOSE AND ACCEPTANCE
These Terms of Use set forth the terms and conditions governing access to and use of the Endorphine mobile application and website accessible at www.endorphine.ca ("Application").
These Terms of Use incorporate by reference our Privacy Policy, and any additional terms and conditions appearing on the App, and constitute a contract between you (the user or the organization you represent) and Endorphine (operated by JStrategia Consulting Services Inc.) ("Endorphine" or "we"), and apply and are binding upon you, from the time you access the App, create a user account, or purchase products or services.
The purchase and use of access rights to sites, facilities and activities that are offered through the Application are subject to the operators' contractual terms and conditions, which may include, but are not limited to, a disclaimer (the "Operators' Terms"). Endorphine is not involved with and does not assume any responsibility for the Operator Terms. It is your responsibility to review them and you will be deemed to have accepted them upon purchase of an access right.
You represent and warrant that you are of the age of majority or that you are of the age of majority and consent to the use of the Application by any of your minor dependents, or that you have the authority to accept these Terms of Use on behalf of any organization you represent. If you do not have the age, parental consent or authority to accept these Terms of Use or if you do not agree to all of the provisions of these Terms of Use you are not authorized to use the Application.
2. ACCOUNTS, LOGINS
The ordering and sale of Products and Services through the Application is subject to the creation and maintenance of a customer account (an "Account"). If you choose to create an Account, we will require certain information, including personal information. When you open an Account on the Application, you agree to provide complete and accurate information, and to update it promptly if there are any changes, so that we can complete your transactions and contact you if necessary.
You are responsible for maintaining the confidentiality and security of the username, password and other confidential information used to access and use your Account ("Credentials"). You are solely responsible for all access and use of your Account made with the Credentials, which shall be deemed to have been made by you, and you agree that we are authorized to act on instructions received on your Account without further verification by us. If you discover that the confidentiality of your Credentials has been compromised, you agree to change your password and to promptly notify us if you become aware of any security risk.
3. PERSONAL INFORMATION
Customer's personal information collected by Endorphine will be handled in accordance with the Private Sector Privacy Act and our Privacy Policy, which can be accessed here..
4. TRANSACTIONS, PRICING AND PAYMENT METHODS
Access purchase transactions completed through the Application are between you and the Operators, and Endorphine is not a party to them. All prices of products offered are determined by the Operators and are displayed in Canadian dollars and exclude applicable taxes.
In order to submit and complete a purchase, you will be required to provide payment card information to independent payment processing service providers retained by the Operators. Use of the payment processing services is subject to the terms and conditions of use of these third party providers.
Upon completion of your order, you authorize us to process the payment through the payment service provider. Once payment is confirmed, we will confirm the transaction and issue the ticket that you will need to activate to access the site, facility or activity.
5. OPERATOR INFORMATION
Endorphine does not verify or provide any editorial control over information and descriptions of sites, facilities and activities that are offered through the Application, which are not intended to be complete descriptions. It is your responsibility to verify that the operators' offerings meet your needs and Endorphine assumes no responsibility in this regard. All product descriptions and related information, including availability status, and prices, and delivery offer are subject to change at any time without notice at the discretion of the operators.
Occasionally, there may be information on the App that contains typographical errors, inaccuracies or omissions that may relate to descriptions of sites, facilities and activities that are offered through the App, prices, images, promotions, offers, or other content on the App.
We reserve the right to update or modify the products and content of the Application at any time, but we have no obligation to do so. Without limiting the generality of the foregoing, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Application is inaccurate at any time, without notice.
6. DISCLAIMER OF WARRANTY - DISCLAIMER OF LIABILITY
The Application, the information published on the Application and any rights of access to sites, facilities or activities acquired through the Application are, unless otherwise expressly stated by us, provided on an "as is" and "as available" basis for your use, without any representations, warranties or guarantees of any kind, either express or implied, on the part of Endorphine as to their accuracy, suitability for your purposes, quality, accessibility or security. Endorphine does not operate or have any control over the sites, facilities and activities and we cannot rule out the possibility of postponements, unanticipated closures or cancellations. If sites, facilities and activities for which you have purchased access through the Application are not to your satisfaction, you should contact the relevant Operator.
We do not warrant that the Application and your use of it will be uninterrupted, secure or error-free, or that the Application and your use of it will be available or timely.
We reserve the right to modify or discontinue access to the Application (or any portion or content thereof) at any time without notice. We may also shut down the Application or take it offline for indefinite periods without notice. We are not responsible for any updates or changes (including, without limitation, updates or changes in posted prices or availability), suspension, or discontinuance of availability of the Application.
7. LIMITATIONS OF LIABILITY
Endorphine shall not be liable for any damages, including accidents, injuries or death, that may arise in connection with the use of any access rights acquired through the Application.
Except in the case of gross negligence, Endorphine, its officers, directors, shareholders, employees and affiliates, shall not be liable for any loss, claim or damage of any kind, whether based on contractual or extra-contractual liability, arising out of your use of the Application or any product or service to which access rights are obtained through the Application, including, without limitation, any errors or omissions in any content, product or order and any loss or damage of any kind incurred as a result of the use of the Application or any content or product made available or obtained using the Application.
8. PROHIBITED USES
In addition to any other restrictions and prohibitions set forth in these Terms of Use, you are prohibited from using the Application or its content to: (a) infringe or violate our intellectual property rights or the intellectual property rights of others; (b) upload or transmit any type of malicious code that will or may be used in a manner that adversely affects the functionality or operation of the Application or any other information resource; (c) extract or otherwise process content from the Application (web spidering, web crawling, web scraping, etc. (d) interfere with, disrupt or take any action that imposes an unreasonable burden on the normal operation of the Application or the networks and infrastructure connected to it; (e) circumvent any security measures of the Application or any measures used to restrict access to the Application or portions thereof; (f) for purposes of reverse engineering or to disassemble, decompile or translate the Site or any part of the Application; or (g) create any derivative work of any part of the Application).
9. OWNERSHIP OF APPLICATION CONTENT, RIGHTS RESERVED AND LIMITED LICENSE GRANTED
The Application and underlying technology consists of various content, including graphics, text, trademarks, source code, multimedia content, software, and the like (collectively, the "Application Content"), which we own or license as necessary.
Each element of the Application, including, without limitation, all Application Content, is protected to the fullest extent permitted by applicable law, including, without limitation, copyright and trademark law.
As a user of the Application, you are granted a limited, revocable, non-sublicensable right to access and use the Application in accordance with these Terms of Use. Your use of the Application does not grant or transfer to you any ownership or other title, right or interest in the Application, the Application Content or any of the foregoing.
10. THIRD PARTY CONTENT
Links on the Application may direct you to websites or applications operated by third parties including Operators. These links are provided for informational purposes only without any endorsement, warranty, representation or condition of any kind.
11. TERMINATION
These Terms of Use are effective as long as you access and use the Application or maintain an Account on the Application.
You may terminate this agreement at any time by deleting your Account if you have one, or when you stop accessing or using the Application. If you subsequently access or use the Application, you will be deemed to have re-accepted our Terms of Use, which shall apply to each instance of access and use.
Notwithstanding any provision hereof, if, in our discretion, you fail to comply with any provision of these Terms of Use, we may terminate this agreement at any time and suspend or deactivate your Account, if you have one, without notice. We may also deny you future access to and use of the Application (or any portion thereof). All obligations and liabilities of the parties incurred prior to the time of termination shall survive for all purposes.
12. SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of the remaining provisions, and such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severable from these Terms of Use.
13. NO WAIVER
The failure of a party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
14. APPLICABLE LAWS AND JURISDICTION
These Terms of Use and any transaction on the Application regarding any product or service shall be governed by and construed in accordance with the laws applicable in the Province of Quebec, Canada. You agree to submit to the jurisdiction of the court of competent jurisdiction sitting in the judicial district of Quebec, Province of Quebec, any dispute relating to these Terms of Use.
15. CHANGE TO TERMS OF USE
We reserve the right to change these Terms of Use at any time, so please review them frequently. Changes and clarifications will be effective upon posting to the Application. If you do not agree with any of the changes to the Terms of Use in the future, you must delete your Account (if you have one) and stop using the Application.