This version comes into force on April 1, 2018.

Welcome to Flexigolf.ca (“the site”) a site owned and operated by Humain Créatike inc. (“Human Creatike” or “us”). Please read the following terms carefully before visiting or using the site, as visit or use of the site is subject to this agreement. The following conditions (the “terms of use” or “agreement”) form a binding agreement between “you” and Humain Créatike. The terms of use also provide benefits for affiliates, suppliers and subcontractors of Humain Créatike.

The Terms of Use, which incorporate by reference the Refund Policy , Privacy Policy , Frequently Asked Questions (“FAQ”, url), define the conditions that govern the use or visit of this site and the services of Human Creatike.

These terms of use must be observed by anyone who uses or visits the site. The terms “you” and “user” refer to the person who uses or visits the site, whether that person does so on their own behalf or on behalf of another person or organization. By using or visiting the site, you confirm that you have read and understand these terms of use, that you expressly agree to be bound by them and to comply with them, as well as to comply with all laws. applicable and all regulations governing the site. If you do not agree to these terms of use, you must immediately stop using the site.

Authorization to use the site

You may only use the Site if you have reached the age of majority in the province or territory in which you reside and are entitled to enter into legally binding contracts under applicable laws. You may not use the site if you are within a legal jurisdiction or visiting or using the site, or any part of it, may be illegal or prohibited. It is your sole responsibility to judge whether your use of the site is lawful and you must comply with all applicable laws.

Amendments to this Agreement

FlexiGolf reserves the right, at its sole discretion, to modify or supplement these conditions of use, in whole or in part, without notice and without liability to you or to any other person. These changes may include changes to the Privacy Policy, Refund Policy, Frequently Asked Questions or any other policy, or the rules referred to herein, and such changes will be effective upon posting on the Site. If you use or visit flexigolf.ca after any change to the terms of use, your use of or visit to the site will constitute your acceptance of the terms of use, as amended. It is therefore important to regularly consult these conditions of use. You may not modify or supplement these terms of use in any way.

Registration and membership by email

By registering your email address or creating an account on this site, you are expressly requesting to become a member of Humain Créatike and to receive our services, which mainly consist of sending you our exclusive offers and promotions by email.

Equipment

You are responsible for obtaining and keeping up to date all computer equipment necessary to access and use the site. Humain Créatike cannot be held responsible for any computer bug or misuse of the equipment allowing access to the site.

User passwords and account security

By creating an account, you acknowledge and agree that it is your sole responsibility to maintain the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for the activities and transactions that take place in your account, as well as the appropriate or inappropriate use of your password or account. If you become aware of any unauthorized use of your password or your account, you agree to notify Humain Créatike immediately. Humain Créatike is under no obligation to verify the identity or authority of a person who uses a password or an account.

Confidentiality

Humain Créatike collects, uses, stores and discloses your personal information in accordance with its privacy policy. By visiting and using the site, you hereby consent to the collection, use and disclosure of your personal information in accordance with this privacy policy. You also agree that all personal information you provide through the site is correct, accurate and up to date. Humain Créatike cannot guarantee the security or confidentiality of the data you provide via the internet, and this is why you accept that the visit and use of the site and the transmission of data to Humain Créatike by means of the internet be your own risk.

Legal use

The user will not use the site for illegal purposes. Strictly prohibited activities include the transfer of documents: i) which are illegal, abusive, blasphemous, obscene, vulgar, defamatory, threatening, or which infringe publicity rights or rights to the protection of privacy or which are inadmissible in any other way; ii) who violate or infringe the rights of others in any way; iii) who encourage others to commit illegal acts; iv) which contain advertising or announcements or which constitute a solicitation for goods or services which have not been previously approved by Humain Créatike; v) which prevents other users from using and enjoying the site.

Proprietary rights, copyright and trademarks

Unless otherwise indicated, the site, including all of its content, documents, headings, graphics, icons, buttons and scripts, as well as the presentation, and the selection of those – here and other information in the form of texts, images, videos and audio files, icons, software, drawings, applications, data and other elements available on the site or at the means thereof (collectively, the “Site Content”) are the property of Humain Créatike or their respective owners, as the case may be, and are protected by Canadian, United States and international copyright and copyright laws. trademarks, as well as by other laws. All rights to the content of the site are expressly reserved. Humain Créatike hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to visit, read and print the content of the Humain Créatike site, its logo as well as its other brands and all other names of products or services or slogans displayed on the site are registered trademarks or trade names in common law which belong to Humain Créatike or are licensed by Humain Créatike or its suppliers or licensors (collectively, the “brands” ), and may not be copied, imitated or used, in whole or in part, without the written consent of Humain Créatike or the trademark holder in question. In addition, the content of the site as well as the appearance and presentation of the site may not be copied, imitated or used, in whole or in part, without the express written consent of Humain Créatike. All other trademarks, registered trademarks, as well as all other product names and company names or logos mentioned on the site, are the property of their respective owners. Any reference to products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or in any other way, does not imply and does not constitute a recommendation or sponsorship of those here by Humain Créatike. Nothing displayed on the site or elsewhere should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks displayed on the site. Everything on this site is the exclusive property of Humain Créatike or is used with the express permission of the owner of the trademark or copyright. Any copying, distribution, transmission, posting, deep linking and any other method of modifying this site or any of its microsites without the express written permission of Humain Créatike is strictly prohibited. Any violation of this policy may constitute an infringement of copyright or trademark rights or any other infringement of intellectual property rights, which could expose the user to civil or criminal penalties.

No links, colonnage, mirroring, retrieval or data mining

Links to this site without the express written permission of Humain Créatike are strictly prohibited. To request permission to establish a link to the site’s home page or to a supplier account, please contact Humain Créatike. Humain Créatike may, at its sole discretion and at any time, revoke any permission granted to create a link with the home page of the site. Colonying, mirroring, retrieving, and data mining of this site or any part of its content in any form is strictly prohibited.

Exemptions and limits of liability with regard to the use of the site

Humain Créatike, its affiliates, as well as their directors, officers, shareholders, employees, agents, merchants, third party content providers or respective licensees, make no representations, nor do they offer any warranty or condition of any kind, express or implied. , including guarantee of conditions, information, data, data processing services, uptime or uninterrupted access, guarantees relating to availability, accuracy, completeness, updating , the reliability or usefulness of the content of the site and the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, performance or durability, or the guarantees that arise from commercial practices, the performance of obligations, commercial practices or customs or good practice, which guarantees are entirely excluded herein to the extent permitted by law. oi. Without limiting the generality of the foregoing, Humain Créatike makes no declaration, nor does it offer any guarantee or condition that, as the case may be: a) the site is compatible with your computer and related equipment and software; b) the site is available or will function without interruption or is free of errors or errors will be corrected; c) the site, servers or emails sent from the site will be free of harmful or disruptive components, such as viruses; d) use of the site will not violate the rights (including intellectual property rights) of anyone; e) the site and its content (including descriptions of merchants’ products or services) will be accurate, complete and reliable. Humain Créatike disclaims all responsibility for these issues to the extent permitted by law. Your use of and visit to the site and its content are at your own risk and are at your discretion.

Humain Créatike, its affiliates, as well as their respective directors, officers, shareholders, employees or agents, will in no way be liable to you, or to anyone, for direct, indirect or incidental loss or damage. , consecutive, punitive and exemplary, whatever the cause, which result from the site or from this agreement or are related to them, and in particular – without being limited to it -, the damages related to the loss of use, the profits lost or lost savings, or those resulting from viruses, data corruption, missed messages, transmission errors or problems, links to third party sites or content, products or services, from the use of this site or its contents or the inability to use them under any theory of liability (which may be contractual or extracontractual, or based on a tort, on the theory of strict liability or to any other theory in law or in equity). Notwithstanding any negligence or other fault or reprehensible act and any fundamental breach on the part of Humain Créatike or any person for which Humain Créatike is responsible, even if they have been advised of the possibility of such damage or of a claim to this effect. More specifically, neither Humain Créatike, nor the third parties who provide content, products or services will be held responsible for errors, inaccuracies, omissions or other defects contained in the information on this site, for delays or interruptions in the transmission of this information, or any other claim or loss resulting therefrom, whatever their cause or duration. None of the aforementioned parties shall be liable for any claim or loss whatsoever of a third party, including – but not limited to – lost profits or punitive or consequential damages.

You waive and agree to waive any right to assert or allege any right whatsoever against Humain Créatike, its affiliates, or their respective directors, officers, shareholders, employees, or agents, arising out of or related in any way whether it is your use of the site, services, products, content or documents contained on the site or accessible through the site. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

You acknowledge and agree that if you have any problems with the site or are dissatisfied with it, your sole remedy is to terminate your account and cease all use of the site.

Other websites

Although this site contains links to third party websites, Humain Créatike is not responsible for the content of any linked websites. Humain Créatike provides these links for convenience only and these linked websites are beyond the control of Humain Créatike. Humain Créatike does not make any representation or offer any guarantee on linked websites, and it does not recommend these sites, or the products or services displayed, available or described therein. The links do not imply that Humain Créatike is sponsoring the content displayed on these sites or accessible by means of links, nor that it approves, is affiliated with it or is legally authorized to use it. When you visit these websites, you do so at your own risk and you must comply with the terms of use of these third party websites.

Compensation

The user agrees to indemnify, defend and not hold Human Creatike liable and its affiliates, as well as each of their advertisers, agents, licensors, suppliers, officers, directors, shareholders, employees, service providers and other respective contractors (collectively, the “indemnified parties of Humain Créatike”) of and against losses, expenses, damages, costs, responsibilities, demands or claims of a third party (including and without limitation, attorney fees reasonable, accounting and legal costs), suffered, incurred or paid by the indemnified parties of Humain Créatike and arising from or related to, as the case may be, a) your visit or use (or that of other users of your account) of the site and services of Humain Créatike and in particular, your access or that of other users to the content of the site or to any other content or any other document at using third party websites; b) your violation of these Terms of Use or breach of these Terms of Use (including any representations or warranties contained in this Agreement) relating to any activity related to your use of the Site; c) your content or your contribution to the site of information or other products, articles, offers, data or documents. You must help the indemnified parties of Humain Créatike and collaborate with them as far as is reasonably possible. The indemnified parties of Humain Créatike will have the right, but not the obligation, to participate with the lawyer of their choice in any defense against a claim that you will have to defend or for which you will have to indemnify the indemnified parties of Humain Créatike (the ” claim compensated ”). You cannot settle an indemnified claim without the prior written permission of the indemnified parties of Humain Créatike concerned.

Termination of the site and these terms of use

Humain Créatike may, at any time, without notice of liability to you and for any reason whatsoever, as the case may be: a) modify, suspend or terminate, temporarily or permanently, the site or any part of it; b) restrict, suspend or terminate (in whole or in part) your permission to visit the site, all without notice of liability to you or to anyone. If you violate any provision of these terms of use, we may prohibit you from using this site.

If these terms of use or your permission to visit or use the site is terminated by you or Humain Créatike, for any reason whatsoever, then: a) the present conditions of use will nevertheless continue to be applied and they will bind you and will bind jointly and severally all the persons that you represent with regard to your visit and your previous use of the site and any related matter or related to this use; b) Humain Créatike may continue to use and disclose your personal information in accordance with the privacy policy, as amended. No revocation or termination, for any reason whatsoever, of any right, license or privilege granted to you under the terms of use will have an impact on Humain Créatike’s right to payment, when they expire. , of all the amounts you owe him.

Terms of sale

FlexiGolf purchases can be exchanged for products or services offered by the merchant whose name appears on the document sent to your email address. Purchases are subject to the terms of the merchant whose name appears on the package. By obtaining or purchasing a package through flexigolf.ca, you agree to abide by these terms and acknowledge that it is the sole responsibility of the supplier / merchant in question to exchange the package for the designated product or service.

It is strictly forbidden to purchase coupons or coupons through the site for the purpose of reselling them in any way. Unless required by law, vouchers and coupons cannot be exchanged for cash.

Use

Purchases of green fees, promotions and events made on FlexiGolf must be used for the current season only. Only gift certificates do not have a required date of use, as required by law.

Delivery

When your purchase is complete, you will receive your electronic ticket (s) by email. You can also find your purchases and tickets in your purchasing profile on flexigolf.ca

Repayment

Up to 14 days after the date of purchase and to the extent that FlexiGolf purchases have not been used, you can request an unconditional refund unless otherwise specified in the offer details.

Whatever your reason, your refund request will be accepted, you just have to contact our customer service within 14 days of your purchase date, by email or phone. The refund will be made on the same credit card. Please allow up to two weeks for the refund to appear on your credit card statement.

Quality of service

As a FlexiGolf customer, you are precious! We are committed to providing you with quality service in order to make your golf experience out of the ordinary. FlexiGolf s’engage à faire en sorte que vous soyez bien accueillis dans les clubs de golf membre. FlexiGolf is committed to ensuring that you are welcomed at member golf clubs.

To reach our customer service directly: [email protected]

Availability and pricing

The prices and availability of packages or services displayed on the site are provided for information only and may be changed at any time. All prices and other amounts displayed on the site are expressed in Canadian dollars and are subject to applicable taxes, duties and service charges. In addition to paying the price of the package indicated on the site, you are responsible for paying all applicable taxes.

Typographical errors, and pricing

Although Humain Créatike strives to provide reliable and up-to-date information on the site, it may happen that some of this information contains typographical errors, inaccuracies or omissions. Therefore, if certain information on the site is inaccurate, we reserve the right, to the extent permitted by law, to correct any error, inaccuracy or omission, to modify or update this information or to refuse, correct or cancel orders at any time, without.

Applicable laws and dispute resolution

The site (excluding third party websites) is controlled by Humain Créatike and operated by it from its offices, located in Quebec, Canada. This site, the conditions of use and all related matters will be exclusively governed by the laws of the province of Quebec and by the federal laws of Canada applicable, to the exclusion of the rules of international private law or conflicts of laws, which would result in the application of other laws. More specifically, the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement or to purchases through the Site. Any dispute between Humain Créatike and you arising from the site, the conditions of use or related matters, or related to the site, the conditions of use or related matters, must be resolved by the courts of Quebec located in Quebec City. , Canada, and, in the event of a dispute, you irrevocably rely and consent hereto to the exclusive jurisdiction of those courts.

Entire contract

The Terms of Use, as amended, together with all other notices, policies, exemptions and conditions contained on the site constitute the entire agreement between you and Humain Créatike with respect to the visit and the use of the site and its content, replacing any prior or concomitant communication, understanding and declaration between you and Humain Créatike in this regard. The section titles of the Terms of Service are intended for ease of reference only and have no contractual or legal effect.

Obligations

The provisions of this agreement will apply for the benefit and at the expense of Humain Créatike, all of its affiliates, suppliers and subcontractors and each of their successors, assigns and persons related to them; they will apply in the same way to you, as well as to your liquidators, administrators, successors and personal representatives (and those of the person or the organization which you represent).

Assignment

Neither you nor the persons or organizations that you represent may assign this agreement or the rights or obligations under this agreement without the express written consent of Humain Créatike, which the latter may refuse at its sole discretion. Humain Créatike may assign this agreement as well as its rights and obligations under this agreement without your consent or the consent of the persons you represent.

Waiver

No consent or waiver by either party to any breach of its obligations by the other party or its failure to fulfill its obligations under this Agreement shall be deemed to be or construed as consent or waiver of any continued breach of, or continued breach of, such obligations; the same will apply to the breach of or failure to fulfill any other obligation by this party.

Independent contractors

You (on the one hand) and Humain Créatike and its affiliated companies, suppliers and subcontractors (on the other hand) are independent entrepreneurs and there will be no creation or intention to create a mandate or partnership relationship, joint venture, employment or franchise as a result of this Agreement or your use of the Site.

Survival

All provisions of this Agreement which relate to notices, intellectual property rights or other proprietary rights, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, settlement of disputes, applicable laws, place or jurisdiction, as well as any prohibitions or restrictions on the visit, use or other activities related to the site or the contents of this one, will survive the revocation, the expiration or termination, in whole or in part, of this Agreement, or of any license granted hereunder, regardless of the terms or time.

Severability

If any provision of the Terms of Service is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision will be interpreted so as to give effect to the intention of the parties, and the other provisions herein will remain in full force.

If you have any questions, please do not hesitate to contact us (http://flexigolf.ca/nous-joindre/).

All rights not expressly provided for in this agreement are reserved to Humain Créatike.