Terms and conditions.

1. USE OF THE WEBSITE AND MOBILE APP

This website and mobile app is owned by Wirkn Inc. (hereinafter ‘Wirkn’), and is operated for your personal non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website or the mobile app, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website or mobile app. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.

2. PRIVACY

Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website or the mobile app. Your continued use of this website or mobile app implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by Wirkn in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.

If you use this site or the app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or phone or device, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults. Those under the age of 13 should not use this website or app. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website or app on your own or provide any personal information to Wirkn. Wirkn does not knowingly collect information from children under the age of 13. Wirkn and its affiliates reserve the right to refuse service, terminate accounts in their sole discretion.

4. PROFILE INFORMATION

THE INDIVIDUAL AND STORE PROFILES LISTED IS DIRECTED ONLY AT NORTH AMERICAN USERS. Wirkn and its affiliates attempt to provide the tools be as accurate as possible in providing this information. However, Wirkn does not warrant that profiles or other content of this site are accurate, complete, reliable, current or error-free.

5. EXCLUSION OF WARRANTIES

Wirkn makes no representation or warranty regarding the functionality, the good working order or condition of this website or app, its suitability for use, or that its use will be uninterrupted or error-free. Wirkn does not represent, warrant or undertake that any errors on or relating to this website or app will be corrected, or that any server from which the website or app is operated is or will be free from viruses or other harmful components. ALL MATERIAL OR INFORMATION ON THIS WEBSITE AND ON THE APP IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. WIRKN AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

6. LIMITATION OF LIABILITY

WIRKN WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. Your sole and exclusive remedy is to discontinue using and accessing this website and the mobile app. Because certain federal or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

7. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED

You acknowledge that information or material which you provide electronically through your access to or usage of this website or mobile app is not confidential or proprietary, except as may be required under applicable law or pursuant to Wirkn’s privacy policy. You represent and warrant that the information or material which you provide electronically to Wirkn by accessing or using this website does not infringe the rights of any other person or entity. You consent to Wirkn using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of Wirkn or the disclosure of your identity, in accordance with the Wirkn Privacy Policy (see Section 2 above).

8. ELECTRONIC COMMUNICATIONS

When you visit this website, use the mobile app, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you inside the mobile app, by e-mail, or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. SURVEILLANCE

10. LINKS

Links and references to other websites or apps are provided to you as a convenience only. Wirkn has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites or apps, information or material posted thereon, or products or services offered thereon.

11. VIRUSES, ETC

Wirkn does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website or the mobile app will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

12. DAMAGE TO OTHERS

You agree not to introduce into or through this website or mobile app any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

13. RESERVE OF RIGHTS

All rights not expressly granted in these terms are reserved to Wirkn. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Wirkn or any other person or entity.

14. GOVERNING LAW

This site is controlled and operated by Wirkn from Toronto, Ontario, Canada and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

15. CHANGES TO TERMS / SEVERABILITY

Wirkn may modify, alter or otherwise update the terms applicable to this website and mobile app from time to time. We will notify you of any such modifications to this website and mobile app by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

16. JURISDICTION

This website is controlled and operated by Wirkn from Toronto, Ontario, Canada. Wirkn makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

17. NO WAIVER

The failure of Wirkn to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of Wirkn to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

18. ENTIRE AGREEMENT

These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Wirkn with respect to the use of this website and mobile app and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Wirkn making such amendments or modifications available to it pursuant to the terms hereof.

19. TERMINATION

Wirkn reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.

20. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

Last update: November 15, 2019