TERMS OF SERVICE

Last updated: February 11, 2017

TERMS OF SERVICE

 

Last Updated JUNE 10, 2017

 

CALENDHER TECHNOLOGIES CORP. (“Calendher” or “We”) OWNS AND OPERATES THE WEBSITE S LOCATED AT www.floka.co  and www.calendher.co (“WEBSITE”) AND THE FLOKA MOBILE APPLICATION (THE “FLÖKA APP”, or THE “FLOKA APP”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE, USERS WHO DOWNLOAD AND / OR USE THE CALENDHER APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

 

BY USING THIS WEBSITE, THE CALENDHER APP AND/OR THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE WEBSITE OR SERVICES. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY CALENDHER FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE AND / OR THE CALENDHER APP FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.

 

  1. The Service: The Flöka service uses a machine-based learning software that helps women track their menstrual cycle and makes personalized suggestions for activities, vitamins, nutritional supplements, fitness, sleep, cognition, mood and skin care products, among other things; we also ship products to users on a monthly basis to complement the suggestions provided by the Flöka App (collectively, the “Service”). 

 

  1. Subscription Fees: The Service is based on a monthly or annual subscription model (each a “Subscription Term”), payable in advance in the form of monthly or annual subscription fee payable through our payment processor PayPal. For more information on our current Subscription Fees, please see floka.myshopify.com .

 

  1. Reservation Fee and Subscription Fees: If you have already reserved your place for the Services by making an initial payment of fifty Canadian dollars ($50 CAD) via our payment processor PayPal (the “Reservation Fee”), your Reservation Fee is eligible to be applied against your Subscription Fees. The Reservation Fee only reserves your spot for the Services and does not constitute the full Subscription Fees due for your use of the Services. Calendher will notify you in advance of the monthly or annual Subscription Fees and will require your consent to the updated Service Terms of Service, which will be posted on the Website, and which you will be required to agree to prior to using the Service. The Reservation Fee will be applied to your Subscription Fees once you have agreed to the updated Service Terms of Service, activated your account and paid the remaining Subscription Fees due for the applicable Subscription Term on your account through PayPal.

 

  1. Billing, Payment and Credit Card Information. At the time of paying the reservation fee or upon placing your first order, as applicable, all charges are due immediately by credit card and are processed using Stripe, a third party payment processor (“Stripe”). Monthly Subscription Fees are due and payable on the first day of each calendar month and will be withdrawn automatically through Stripe. Annual subscription fees are due and payable on the first day of each calendar year. Calendher may confirm receipt of payment by sending a receipt by email. Stripe may collect or store your credit card, payment information, or personal information and such collection is governed by the terms of Stripe’s terms of service or privacy policy accordingly, which you should review carefully. 

 

  1. Products and Product Descriptions. Products and services recommended by and available through the Service are supplied by third party manufacturers or service providers and Calendher is not liable for any errors, misrepresentations or damage caused by products supplied by such third-party manufacturers and service providers. Calendher makes every effort to display as accurately as possible all personalized suggestions on the Service. However, Calendher does not warrant that product descriptions or other content of the Service are accurate, complete, reliable, current, or error-free. If a product offered by Calendher through the Service is not as described, please contact our customer service department at hello@calendher.co

 

  1. Shipping and Risk of Loss. All items purchased through Calendher are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier. 

 

  1. Returns and Exchanges. In the event that you are not completely satisfied with the products you receive from Calendher, you may return any item from your monthly shipment, or the entire monthly shipment, for equivalent account credit. You are responsible for the return shipping. A shipping label is available upon request from Calendher. All items must be returned in unopened, unused, or unworn condition (as applicable), with no damage or visible signs of use or wear. Items must be returned within 60 days from when the order was shipped through tracking number information, as denoted by Canada Post or any other carrier used by Calendher from time to time. Defective products may be returned within 90 days for equivalent account credit .

 

  1. Cancellation. You may cancel your subscription at any time before the end of the applicable billing cycle (whether monthly or annual) and the cancellation will apply to the next period. For example, if you have selected a monthly subscription, you may cancel that subscription at any time during the current month of that subscription, and the subscription will be cancelled as of the following month. You will not be entitled to a refund for the current billing period except in the event of a defective product that is returned as set out in Section 7 – Returns and Exchanges above.

 

  1. Privacy. To understand how we use information submitted by you to the Website or the Calendher App, please review our Privacy Policy, which also governs your use of the Website and the Calendher App and forms part of these terms.

 

  1. Content: All information, data, text or other materials provided by users (“User Content”), is the sole responsibility of such users. This means that the user and not Calendher is entirely responsible for all User Content uploaded, posted, emailed, transmitted or otherwise made available by using the Website and / or the Floka App. Calendher does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of the User Content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Calendher be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials (including but not limited to User Content) or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials (including but not limited to User Content) posted, emailed, transmitted or otherwise made available via the Service.

 

  1. Restrictions on User Content and Use of the Service: Calendher shall have the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Services and the Website, You shall not:

 

    1. copy any content unless expressly permitted to do so herein, pursuant to these Terms of Service; 

 

    1. upload, post, email, transmit or otherwise make available any material that: 

      1. is unlawful or invasive of another's privacy; 

      2. You do not have a right to make available under any law or under a contractual relationship; 

      3. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a anyone’s privacy; or

      4. contains any falsehoods or misrepresentations or creates an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

 

    1. impersonate any person or entity or misrepresent their affiliation with a person or entity; 

 

    1. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; 

 

    1. intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation; 

 

    1. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; or

 

    1. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Service (including, without limitation, the Calendher App and Website), except to the extent the foregoing restrictions are expressly prohibited by applicable law.

 

You also agree not to access the Service in a manner that utilizes the resources of the Service more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

 

  1. License of Content: By submitting, posting or displaying User Content on or through the Service, you grant Calendher (and our affiliated companies and our and their agents) a non-exclusive, royalty-free paid-up, perpetual, irrevocable, transferable, worldwide license (with the right to sublicense) to use, copy, modify, transmit, display, distribute and otherwise exploit such User Content. Calendher will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted on these Terms of Service to any User Content that you submit.

 

  1. End User License: Except for User Content, the Service (including, without limitation, the Calendher App and Website) and the information and materials they contain, are the property of Calendher and / or its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of these Terms of Service, Calendher grants you a non-transferable, non-exclusive, license to (a) use the Website for your own personal use, and (b) download, install and use one copy of the Calendher App on a mobile device that you own or control for your use (the “License”). The Calendher App is licensed to you and not sold. Nothing in these Terms of Service gives you a right to use the Calendher names, trademarks, logos, domain names, and other distinctive brand features without Calendher’s prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions of the Service. Any future release, update, or other addition to functionality of the Service (including, without limitation, the Calendher App and Website) shall be subject to these Terms of Use.

 

  1. Feedback: If you provide Calendher with any suggestions, comments or other feedback relating to any aspect of the Service (including, without limitation, the Calendher App and Website) ("Feedback"), Calendher may use such Feedback in the Service or in any other Calendher products or services (collectively, "Calendher Offerings"). Accordingly, you agree that: (a) Calendher is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Calendher, (c) Calendher (including all of its successors and assigns and any successors and assigns of any of the Calendher Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Calendher Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Calendher or any of the other users of the Service in respect of the Feedback.

 

  1. Advertising. You acknowledge and agree that the Service may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Service, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Calendher shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Service and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Service. It is your responsibility to ascertain whether any information or materials downloaded from the Service are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

 

  1. Links & Third-Party Websites. The Service (including User Content) may contain links to other websites that are not owned or controlled by Calendher. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Calendher of that third party, third party product or service. Calendher is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Service are subject to the terms and conditions and privacy policies of those websites and / or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Service of a link to any other website(s) does not imply that Calendher endorses or accepts any responsibility for the content or use of such websites, and You hereby release Calendher from all liability and or damages that may arise from Your use of such websites or receipt of services from any such websites.

 

  1. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS: THE SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." CALENDHER SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. CALENDHER PROVIDES ONLY PRODUCT AND SERVICE RECOMMENDATIONS AND DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR SERVICES OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE SERVICE OR FEATURED IN ANY ADVERTISING ON THE SERVICE. CALENDHER SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. CALENDHER AND THE FLOKA APP SERVICE IS NOT LIABLE FOR MEDICAL RECOMMENDATIONS, AND IS NOT A REPLACEMENT SERVICE OF YOUR MEDICAL DOCTOR. IT IS TO BE USED IN COLLABORATION WITH YOUR MEDICAL PROFESSIONAL. 

 

  1. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL CALENDHER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM  (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CALENDHER APP AND WEBSITE);  (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES,  (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS IN THE SERVICE,  (IV) PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICE OR  (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SERVICE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.  THESE LIMITATIONS SHALL APPLY EVEN IF CALENDHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CALENDHER’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY CDN DOLLARS ($50) OR B) AMOUNTS YOU’VE PAID CALENDHER IN THE PRIOR 12 MONTHS (IF ANY) IN RESPECT OF (i) ANY RESERVATION FEE PAID OR (ii) SUBSCRIPTION FEES PAYABE FOR THE SUBSCRIPTION TERM FOR WHICH YOU HAVE AGREED TO USE THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

  1. INDEMNIFICATION: YOU SHALL INDEMNIFY AND HOLD CALENDHER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE AND/OR ANY VIOLATION OF THESE TERMS OF SERVICE OR YOUR VIOLATION OF ANY OF THE PROVISIONS OF THESE TERMS OF USE.

 

  1. Termination: Calendher may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Service or portions thereof. Cause for such termination shall include, but not be limited to:

 

    1. breaches or violations of these Terms of Service or any other agreement that You may have with Calendher (including, without limitation, non-payment of any fees owed in connection with the Service or otherwise owed by you to Calendher);

 

    1. requests by law enforcement or other government agencies;

 

    1. a request by you;

 

    1. discontinuance or material modification to the website (or any part thereof); 

 

    1. unexpected technical, security or legal issues or problems; and/or 

 

    1. participation by you, directly or indirectly, in fraudulent or illegal activities.  

 

Termination of your access to the Service may also include removal of some or all of the materials uploaded by you to the Service. You acknowledge and agree that all terminations may be made by Calendher in its sole discretion and that Calendher shall not be liable to you or any third-party for any termination of your access to the Service or for the removal of any of the materials uploaded by you to the Service. Any termination of these Terms of Service by Calendher shall be in addition to any and all other rights and remedies that Calendher may have.

 

  1. Availability & Updates: Calendher may alter, suspend, or discontinue the Service at any time and for any reason or no reason, without notice. The Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Calendher may periodically add or update the information and materials on the Service without notice.

 

  1. Security: Information sent or received over the Internet is generally unsecure and Calendher cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the account password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your account password secure. Calendher will not be liable for any loss or damage arising from your failure to comply with these requirements. As set out in Section 4 – Billing, Payment and Credit Card Information, Calendher uses third-party payment providers and does not collect or store credit card or payment information. As such your credit card and payment information is subject to the terms and policies of such third parties, which you should review carefully.

 

  1. General: These Terms of Service, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Service and all related activities. These Terms of Service shall not be modified except in writing signed by both parties or by a new posting of updated Terms of Service issued by Calendher. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Calendher to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Calendher must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Calendher’s prior written consent. Calendher may assign its obligations under these terms at its sole discretion. These Terms of Service are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflicts of laws. If any dispute arises under these Terms of Service, the parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia.

 

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: hello@calendher.co 

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