GENERAL TERMS AND CONDITIONS OF USE
OF: www.fibrani.com
Date last updated: July 14, 2020
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use or reliance on the site maintained by Fibrani, Annie Leblanc (the "Site").
By accessing or browsing the site, you declare that you have read and understood the general conditions of use and declare that you are bound by these conditions. Please note that we may change the terms and conditions of use at any time without notice. Your continued use of the Site will be deemed to be your acceptance of the revised terms and conditions.
1. AGE-BASED RESTRICTION You must be at least sixteen (16) years of age to use this Site or any service included on this Site. By accessing or using this Site, you represent that you are at least sixteen (16) years of age. We will not be liable for any misrepresentation regarding your age.
2. INTELLECTUAL PROPERTY
All intellectual property on the Site, with the exception of user-generated content 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 Site, with the exception of user-generated content as defined below, including but not limited to text, software, code, design, graphics, photos, sound, music, videos, applications, interactive features and other content, is a collective work under Canadian law or under any other copyright law and is the property of Fibrani, Annie Leblanc. The material on this site may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, whether in text, graphic, audio, video or executable form, without our written permission.
All Rights Reserved.
3. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the Site, including, without limitation, documents, data or information developed by us, or anything else that may assist you in using the Site or the Services (the "Company Content"). The Company Content may not be used for any purpose other than the use of the Site and the services offered on the Site. Nothing contained herein shall be construed as conferring upon you any license or intellectual property rights.
4. USER-GENERATED CONT
ENT User-Generated Content" includes any communication, material, information, data, data, opinions, photos, profiles, messages, notes, hyperlinks, text information, designs, graphics, sounds or other content that you and/or other users of the Site publish or make available on or through the Site, except for content that is our property.
5. USER ACCOUNT AND ACCOUNT USAGE
If your use of the Site requires an account that identifies you as a user of the Site (a "User Account"):
(a) you are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords related to your user account and the activity of any person who has access to your account with or without your permission ;
(b) you agree to immediately notify us of any unauthorized use of your user account, any services through your user account, any password associated with your user account or any other breach of security of your user account or any service provided through your user account, and you agree to assist us, as we may request, to stop or remedy any breach of security associated with your account; and
(c) you agree to provide true, accurate and current User Information as we may request from time to time, and you agree to notify us of any changes to your User Information as required in order for the information we hold to be true, accurate and current.
6. PAYMENT
When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction as the total price may include taxes, fees and shipping costs for which you are responsible.
When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record that payment instrument and any other information related to the transaction.
If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for up to the full amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.
We reserve the right to cancel any Transaction if we believe that the Transaction violates these Terms and Conditions or if we believe that by doing so we can prevent a financial loss.
In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any third party involved (including other users) and may share the details of any payment with which you are associated if we believe that such action may prevent financial loss or a breach of the law.
7. SALE OF PRODUCTS AND/OR SERVICES
We can sell goods or services. We undertake to be as accurate as possible with respect to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.
8. SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for all items you may purchase on the Site, 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 and valid billing information. We reserve the right to refuse or cancel an order for any reason, including an error or omission in the data you provide. In such a case, if the payment has already been processed, we will refund 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 goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card when the order is shipped. You agree to monitor your payment instrument. The cost of shipping and delivery and expected delivery dates may change due to unforeseen circumstances.
If you have any questions or disputes, you agree to contact us in a timely manner at the following email address:
If you are not satisfied with a good you have purchased on our site, you can proceed as follows:
You must send an email to the following address: info@fibrani.com within fourteen (14) days following the reception of the product. You must indicate in the email that you wish to return a product as well as the number of your order. You must pay the return shipping costs yourself; the original shipping costs will not be refunded. Only the product cost will be refunded. If you prefer an exchange, new shipping costs will be added to the new order. Once approved, you will receive a refund using the same method of payment used. Only after we receive the products. you will receive a confirmation email with the refund data, the money will appear on your card or account after a few days. Refunds by credit/debit card depend on your bank.
9. ACCEPTABLE USE OF THE SITE
You agree not to use the Site for any unlawful purpose or any other purpose prohibited under this clause. You agree not to use the site in any manner that could adversely affect the site, services or business of Fibrani, Annie Leblanc.
You also agree not to use the Site for any of the following purposes:
(a) harass, abuse, threaten or otherwise violate the rights of any person ;
b) violate the intellectual property of Fibrani, Annie Leblanc or any other third party;
c) download or transmit computer viruses or any other software that could damage the property of Fibrani, Annie Leblanc or others;
(d) committing fraud ;
(e) create or participate in illegal gambling activities, lotteries or pyramid schemes;
(f) publish or distribute obscene or defamatory material;
(g) publish or distribute any material that incites violence, hatred or discrimination against any group; and/or
(h) unlawfully collect information about others.
10. PROTECTION OF PRIVACY
When using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.
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 how you use our site, we may also receive information from external applications you use to access our site or we may receive information about you through various web technologies such as cookies, log files, web beacons (also known as "clear gifs"), tags, and others.
We use the information we collect from you to ensure that you have a good experience on the Site. We may also track some of the passive information we receive in order to improve our marketing and analysis, and in doing so, we may work with third party vendors.
If you wish to block our access to any passive information we receive through the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you provide, such as your email address.
If you choose to cancel your account, we will store and retain your information for the following period of time: 5 years. After that time, all information about you will be deleted.
11. REVERSE ENGINEERING AND SAFETY
You cannot take any of the following actions:
a) use reverse engineering or disassemble any code or software on or from this site ;
(b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
12. LOSS OF DATA
We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.
13. INDEMNIFICATION
You agree to defend, indemnify and hold Fibrani, Annie Leblanc and its affiliates harmless from and against any claim, suit or demand, including attorneys' fees, alleging or resulting from or relating to your use or misuse of the Site, your violation hereof or your conduct and actions. If we choose to do so, we will choose our own attorney and participate in our own defense.
14. SPAM POLICY
You are strictly prohibited from using the Site or any service offered on the Site for illegal activities related to spam, including collecting the addresses and personal information of others or sending mass commercial e-mail.
15. LINKS AND THIRD PARTY CONTENT
We may publish links to third party sites or services. We are in no way responsible for any damage or loss related to the use of third party services linked to our site.
16. INDEPENDENCE OF CLAUSES
If any provision of these terms of use is determined to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of the remaining provisions of these terms of use.
17. SERVICE INTERRUPTIONS We may have to interrupt your access to the Site in order to perform unplanned maintenance or emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated unavailability for any reason and that we will not be liable for any damages or losses arising from such unavailability.
18. TERMINATION OF USER ACCOUNT
We may suspend, limit or terminate your user account and your use of the Site at our sole discretion, at any time, without notice and for any reason, including the operation or efficiency of the Site or any equipment or network owned by us or any third party that is disrupted by your use or abuse of the Site or if you have been or are currently in breach of the terms hereof. We will have no liability to any third party, including any third party provider, for any suspension, limitation or termination of your access to the Site.
19. NO WARRANTY
Although we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that the content is error-free, current or complete. In no event shall we be liable for any damages that may result from an error on the site.
We assume no responsibility for any damage resulting from the misuse of the content of the site. Nor can we guarantee that the site will be available without interruption, without errors or omissions, or that defects will be corrected. Nor can we guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its contents are provided "as is" and "as available" without representations, warranties or conditions of any kind, express or implied.
If you decide to subscribe to services or features of the Site 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 its accuracy by making the necessary updates as soon as possible. You agree to maintain the confidentiality of any passwords or other account identifiers chosen by you or assigned to you at the time of registration or subscription on Fibrani, Annie Leblanc or its partners and to be responsible for all activities that occur under such passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We will not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this provision.
You acknowledge that we may, in our sole and absolute discretion and without notice to you, suspend, cancel or terminate your account, your use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and terminate your use thereof), for any reason, including if we believe that you have violated these Terms. Further, you agree that we will not be liable to you or to any other person as a result of any such suspension, cancellation or termination. If you are dissatisfied with Fibrani, Annie Leblanc or any of its services, or with any of these terms, conditions, rules, policies, guidelines or our practices relating to the operation of Fibrani, Annie Leblanc or any of its services, your sole remedy is to discontinue using the site or service in question.
20. CONFIDENTIALITY
Communications over the Internet are subject to possible interception, loss or alteration, therefore you acknowledge that information or material which you provide electronically through your access to or usage of this site is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.
For more information, please see our Privacy Policy at https://www.fibrani.com.
21. LIMITATION OF LIABILITY In no event shall
we be liable for any damages you may suffer as a result of your use of the Site to the fullest extent permitted by law. The maximum liability of Fibrani, Annie Leblanc arising out of your use of the site is limited to the greater of one hundred (100) Canadian dollars or the amount paid to Fibrani, Annie Leblanc in the last six months. This applies to any claim including, without limitation, loss of profits or revenues, indirect or punitive damages, negligence, civil liability or fraud of any kind.
22. QUESTIONS AND ADDITIONAL INFORMATION
If you have any questions or require additional information, please contact us at info@fibrani.com.