Terms of use

Last updated: February 23, 2021

The following terms of use govern and apply to your use of the site maintained by Effisca (the “Site”).

By accessing or browsing the effisca.com site, you declare that you have read and understood these conditions of use and declare that you are bound by these conditions. Please note that we may change these terms of service at any time without notice. Your continued use of the site will be deemed your acceptance of the revised terms of use.

1. 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, except user-generated content as defined below, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and all other content, is protected by Canadian copyright laws and international treaties, and are the property of Effisca. Any reproduction is therefore strictly prohibited.

All rights reserved.

2. Use of company content

We may provide certain information to you as a result of your use of the site, including, without limitation, documents, data or information developed by us, or any other material that may assist you in using the site or services (the “Company Content”). Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein should be construed as granting you any license or intellectual property rights.

3. Content generated by users

“User Generated Content” includes communications, materials, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content that you and/or others do. Site users post or make available on or through the Site, except for content that is our property.

4. User account and use of the account

If your use of the site requires an account identifying you as a user of the site (a “user account”):

  1. you are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords associated with your user account as well as the activity anyone who has access to your account with or without your permission;
  2. you agree to immediately report to us any unauthorized use of your user account, services through your user account, a password linked to your user account or any other breach of security your user account or service provided through your user account, and you agree to assist us, as we may ask you, to stop or remedy any breach of security related to your account;
  3. you agree to provide true, accurate and current user information, as we may request from time to time, and you agree to report to us any changes to your user information as required so that the information that we hold to be true, accurate and current.

5. 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 since 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 this payment instrument as well as any information related to the transaction.

If you are paying by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total 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.

If you wish to dispute a payment, you can contact us by email at hello@effisca.com or by mail at the following address: Effisca, 285, Mont-Royal Avenue East, Montreal (Quebec) H2T 1P6. Unless otherwise stated, all payments are non-refundable.

We reserve the right to cancel any transaction if we believe the transaction violates these Terms of Service or if we believe that by doing so we can prevent financial loss.

In order to prevent any financial loss, we may contact the issuer of your payment instrument, law enforcement or any affected third party (including other users) and may share the details of any payment you are associated with if we believe that such action could prevent financial loss or a violation of the law.

6. Protection of privacy

By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and any other 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 your use of our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, histories, web beacons (also called “invisible GIFs”), tags and others.

We use the information collected from you to make sure you have a good experience on the site. We may also track some of the passive information received to improve our marketing and analytics, and in doing so we may work with third party vendors.

If you wish to block our access to any passive information that we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please note that we will still receive information about you that you provide to us, such as your email address.

If you choose to terminate your account, we will store and retain your information for a reasonable period of time under applicable federal, provincial and other laws.

7. Limitation of liability

Our site exists for communication purposes only. You acknowledge and agree that any information published on our site is provided for informational purposes only and is not intended to give you specific advice of a legal, financial, fiscal, accounting or other nature. We are not responsible for any advice or any other information conveyed on the site.

8. Data loss

We are not responsible for the security of your user account or the contents of your account. Use of the site is at your own risk.

9. 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 an unplanned or unanticipated unavailability, for any reason whatsoever, and that we cannot be held liable for any damages or losses arising from such unavailability.

10. Termination of user account

We reserve the right to suspend, limit or terminate your user account and your use of the site in our sole discretion, at any time, without notice and for any reason, including the operation or effectiveness of the Site or equipment or network owned by us or owned by a third party that is disturbed 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 third parties, including a third-party vendor, for any suspension, limitation or termination of your access to the site.

11. No warranties

Although we have made reasonable efforts to ensure that the content on this site is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. Under no circumstances can we be held responsible for any damage 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. We also cannot guarantee that the site will be available without interruption, without errors or omissions, or that faults will be corrected. It is also not possible to guarantee that the site and the servers which make it available are free of viruses and harmful components. The site and its content are provided “as is” and “as available” without any representation, warranty or condition of any kind, express or implied.

12. Confidentiality

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

For more information, please see our Privacy Policy, available on our site.

By browsing the site, you declare that you have also read the aforementioned privacy policy.

13. Applicable laws

These conditions of use are governed by the applicable laws of Canada and the province of Quebec and will be interpreted in accordance with these laws, without regard to conflict of law rules. Any dispute, dispute or claim relating to the use of the site will come under the jurisdiction of the courts of Quebec, judicial district of Montreal, and you agree to submit to the exclusive jurisdiction of the courts of Quebec, judicial district of Montreal.

Any waiver of any provision contained in these terms of use may not be interpreted as a waiver of any other terms, any other provision or any other right included in these terms of use. If any provision of these Terms of Use is declared or becomes, in whole or in part, invalid, illegal or unenforceable, this provision will continue to be in force to the extent of its legality, validity and enforceability, and the legality, validity and enforceability of the other provisions will in no case be affected or altered. These Terms of Use constitute the entire agreement between you and Effisca with respect to your use of the Site and supersede all prior understandings, representations and agreements.

14. Language of translation

The French version of these conditions of use prevails over any other translation thereof.

15. Questions and additional information

For any questions or for additional information, please do not hesitate to write to us at hello@effisca.com.