Terms and conditions

TERMS AND CONDITIONS OF USE OF GAYONICA

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 Gayonica (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 modify the conditions of use at any time and without notice. Your continued use of the Site will be deemed to be your acceptance of the revised terms and conditions.

1. INTELLECTUAL PROPERTY

All intellectual property on the Site 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, 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 under any other copyright law and is the property of Gayonica.

2. 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.

3. USER ACCOUNT AND USE OF THE ACCOUNT

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 report to us any unauthorized use of your user account, any services provided through your user account, any password related to 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 related to your account; and

© 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.

4. 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 affected third party (including other users) and may share details of any payments you are involved in if we believe that such action would prevent financial loss or a breach of the law.

5. SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services or allow third parties to sell goods or services on our site. 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.

For goods or services sold by third parties, we are in no way responsible for any product and make no warranty as to the merchantability, conformity, quality, safety or legality of such products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that cause of action against the manufacturer and/or seller and not against us. You agree to hold us harmless from any claim relating to goods or services manufactured or sold by third parties, including any claim relating to the manufacturer’s warranty or liability.

6. 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 way that could be detrimental to the site, the services or the commercial activity of Gayonica.

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

(a) harass, abuse or threaten others or otherwise violate the rights of a person;

(b) violate the intellectual property of Gayonica or any other third party;

(d) commit fraud;

(e) create or participate in illegal gambling activities, lottery 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.

7. 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, history, web beacons (also known as “clear gifs”), tags, and the like.

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 analytics, and to do 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: 1 year. After that time, all information about you will be deleted.

8. DISCLAIMER

Our site exists for communications purposes only. You acknowledge and agree that any information published on our site is not intended to be legal, medical or financial advice and no fiduciary relationship has been created between you and Gayonica. You also agree that your purchase of services on the site is at your own risk. We are not responsible in any way for any advice or other information conveyed on the site.

9. REVERSE ENGINEERING AND SECURITY

You cannot take any of the following actions:

(a) reverse engineer 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.

10. 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.

11. COMPENSATION

You agree to defend, indemnify and hold harmless Gayonica and its affiliates from and against any claim, suit or demand, including attorneys’ fees, arising out of or relating to your use or abuse of the site, your violation of these terms and conditions or your conduct and actions. If we choose to do so, we will choose our own attorney and participate in our own defense.

12. 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.

13. 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.

14. INDEPENDENCE OF THE 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.

15. SERVICE INTERRUPTIONS

We may have to interrupt your access to the site to perform work now or for unplanned 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.

16. 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 violation 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.

17. NO WARRANTIES

While 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 Gayonica or its partners and to assume responsibility for all activities related to the use of 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 Gayonica or any of its services, or with any of these terms, conditions, rules, policies, guidelines or our practices relating to the operation of Gayonica or any of its services, your sole remedy is to discontinue using the site or service in question.

18. PRIVACY

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

For more information, please see our Privacy Policy at https://gayonica.ca/privacy-policy/.
By browsing the site, you also declare that you have read the aforementioned privacy policy.

19. LIMITATION OF LIABILITY

We are in no way responsible for any damages you may suffer as a result of your use of the site, to the fullest extent of the law. The maximum liability of Gayonica resulting from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Gayonica in the last six months, whichever is greater. This is valid for any claim including, but not limited to, loss of profits or revenues, indirect or punitive damages, negligence, civil liability or fraud of any kind.

20. QUESTIONS AND ADDITIONAL INFORMATION

If you have any questions or would like more information, please contact us at info@gayonica.com.