By using or visiting the Site (and this includes visiting the site whether or not you are participating in any commerce), you expressly agree to be bound by these Terms of Service and to abide by these Terms of Service as well as all applicable laws and regulations governing the Site. If you do not agree to these terms, you must cease to use the Site.
In order to use certain Ekodefi Services, you may be asked to provide personal information (i.e. identification, contact information, etc.) as part of the registration process, or as part of your continued use of our Services. In order to use our site in good faith, you must agree that any information you enter while registering to Ekodefi will be accurate, correct and up-to-date.
You may use our Products only if you can form a binding contract with Ekodefi, and only in compliance with these Terms and all applicable laws.
When you create your Ekodefi account, you must provide us with accurate and complete information. Any use or access to a Business account by anyone under the age of 18 is prohibited. If you open a business account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products in exchange of a monthly membership fee paid prior to the use of the Products.
Individual membership is free.
Business membership fees are indicated in the Retailers section of our site. These prices are subject to change at any time with no notice.
Payment for Businesses’ membership
To use Ekodefi as a Business, you must pay in advance your monthly membership to Ekodefi before or on the 15th day of the previous month using the Site. An initial 3 month fee is required for a new registration. Payments are made possible only by electronic payment through Paypal (www.paypal.com) directed at the following email address: email@example.com.
Cancellation of Your Account and Ekopoints
You can cancel your Ekodéfi account at any time by simply sending an email to firstname.lastname@example.org. The Ekopoints you have accumulated cannot be refunded.
If your account is inactive for more than 365 consecutive days, it will be cancelled.
Your Ekopoints remain available in your account as long as you are active on the www.ekodefi.com site. Being active means doing at least one transaction (either a quiz, challenge, action, diagnosis or redeeming your ekopoints for a reward) per year. After a year of inactivity, or 12 months without a transaction on the website, your Ekopoints will be cancelled.
You will receive a notice to that effect as applicable. You have 60 days to activate your account following such notice. If we do not receive a response from you during this period, your account and Ekopoints will be cancelled.
Ekodefi allows you to submit content, including photos, comments, and other materials. Anything that you submit or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post on Ekodefi.
Using your content
You grant Ekodefi and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on Ekodefi solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights Ekodefi may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
The design and production of the website ekodefi.com is the sole responsibility of ekodefi.
How long we keep your content
Following termination or deactivation of your account, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
Your responsibility for your content
Ekodefi provides a creative and positive place for you and other users to discover and share things about general well-being, health and environment issues. It is the User responsibility to provide content in the most accurate, honest and honorable way possible.
Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.
Ekodefi respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post on Ekodefi does not and will not violate any law or infringe the rights of any third party.
If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Ekodefi does not waive any rights to use similar or related Feedback previously known to Ekodefi, or developed by its employees, or obtained from other sources.
User passwords and account security
You agree to the fact that you are responsible for maintaining the confidentiality of the password(s) associated with your account if applicable. You agree that you will be solely responsible for all activities that take place under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Ekodefi immediately by contacting us at email@example.com
Offer purchase and redemption
Redemption of merchant offers and/or vouchers is subject to the limitations and rules established by the merchant in question, and such merchant vouchers may not be available for use and redemption by individuals located outside Canada.
Redemption of merchant offer is made possible by an electronic coupon generated by the Site. Each coupon has no monetary value and cannot be exchanged, sell or auctioned.
Ekodefi will communicate with its Users electronically, primarily through email. As a User, you give consent receive a newsletter; and that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The User shall not use the Site for any unlawful purpose. Strictly prohibited actions include transmitting material: (i) that is unlawful, abusive, profane, obscene, vulgar, defamatory, threatening, invasive of publicity or privacy rights, or otherwise objectionable; (ii) that violates or infringes upon the rights of others in any way; (iii) that encourages others to commit unlawful acts; (iv) that contains publicity, advertising, or solicitation for goods or services that did not receive prior approval from Ekodefi; (v) that prevents other users from using and enjoying the Site.
Ownership Copyright and Trademarks
Unless otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Ekodefi logo and all designs, text, graphics, pictures, information, data, software code, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Ekodefi or its affiliated companies, partners, or content suppliers, all of which are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
Ekodefi, its logo, and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Ekodefi and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the express written consent of Ekodefi or the applicable trademark holder. In addition, the look and feel of the Site, including all scripts, page headers, custom graphics, and button icons, is the service mark, trademark and/or trade dress of Ekodefi and may not be copied, imitated or used, in whole or in part, without the express written consent of Ekodefi. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ekodefi.
Everything located on or in this Site is the exclusive property of Ekodefi or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING OR OTHER MEANS OF MODIFYING THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN CONSENT OF EKODEFI. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the End User to civil and/or criminal penalties.
Disclaimers and Limitation of Liability
Ekodefi makes no warranties of any kind, express or implied, as to the operation of the Site or the content, information, products, or services that is featured on the Site. We provide this Site on an “as is” and “as available” basis.
The User agrees to use this Site at his or her own risk. The User expressly understands and agrees that Ekodefi, its employees, officers, shareholders, contractors, agents, affiliated parties, or any person or entity involved in creating, producing, posting or distributing Ekodefi content, will under no circumstances be liable for damages, including, without limitation, direct, indirect, incidental, punitive, or consequential damages arising out of the use or inability to use the Site, no matter how such damages may have.
To the full extent permissible by applicable law, Ekodefi disclaims all warranties, express or implied, including, but not limited to, implied warranties on the part of our merchant partners for a particular purpose. Ekodefi does not warrant that this site, its servers, or emails sent from the Site are free from harmful components, such as viruses.
Neither Ekodefi, nor any third parties providing content or services, shall be liable for any errors, inaccuracies, omissions or other defects in the information contained on this site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising from this, regardless of their cause or duration,. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
You waive and covenant not to assert any claims or allegations of any nature whatsoever against Ekodefi, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site.
The User agrees to indemnify and hold Ekodefi, its affiliates, AND EACH OF THEIR ADVERTISERS, AGENTS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS (COLLECTIVELY, “EKODEFI INDEMNIFIED PARTIES”), harmless from any loss, liability, claim or demand, including BUT NOT LIMITED TO reasonable attorneys’ fees, ACCOUNTING EXPENSES, AND LEGAL COSTS), made by any third party ARISING FROM OR RELATED TO (A) YOUR (OR ANY USERS OF YOUR ACCOUNT) ACCESS TO OR USE OF Ekodefi.com AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR OR OTHERS’ ACCESS TO CONTENT OR OTHER MATERIALS AVAILABLE BY MEANS OF THE WEB SITE OR THIRD-PARTY WEB SITES, OR YOUR PURCHASING OF GOODS OR SERVICES FROM THIRD PARTIES; (B) YOUR VIOLATION OF THESE TERMS OR BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT; OR (C) YOUR CONTENT OR PROVISION TO Ekodefi.ca OF INFORMATION OR ANY OTHER PRODUCTS, POSTINGS, OFFERINGS, DATA OR MATERIALS. THE EKODEFI INDEMNIFIED PARTIES WILL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO PARTICIPATE THROUGH COUNSEL OF THEIR CHOICE OF ANY DEFENSE BY YOU OF ANY CLAIM AS TO WHICH YOU ARE REQUIRED TO DEFEND, INDEMNIFY OR HOLD HARMLESS THE EKODEFI INDEMNIFIED PARTIES (i.e. “INDEMNIFIED CLAIM’). YOU MAY NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONCERNED EKODEFI INDEMNIFIED PARTIES.
The Site (excluding Third-Party Sites) is controlled by Ekodefi and operated by it from its offices in Montreal, Quebec.
If there is any dispute about or involving the Site, the User agrees, by using the Site, that the dispute will be governed by the laws of the Province of Quebec and the federal laws of Canada without regard to its conflict of law provisions.
The Terms of Service constitute the entire agreement between you and Ekodefi with respect to the subject matter hereof and govern your use of Ekodefi.com, superceding any prior understanding and agreement between you and Ekodefi related to the subject matter hereof for the use of Ekodefi.com.