Introduction

By using the https://app.flexybsolutions.com website and our points of sale (“POS”) and related transactional pages and services (collectively, the “Services”), you accept these Terms of Services and our Privacy Policy, which are subject to change without notice. Furthermore, you agree to consult our Terms of Service and Privacy Policy from time to time and acknowledge that your continuing use of the Services or the purchase and/or use of gift cards purchased from us means that you have accepted any changes that may have been made. These Terms of Services are a translation of the official French version. In case of inconsistencies, the official French version shall prevail over the English version.

For the purposes hereof, the terms “Management Uzual”, “we,” “us,” and “our” mean MANAGEMENT UZUAL INC., a company located at 70 Bongard Avenue, Nepean, Ontario, K2E 7Z9

Transaction

For greater clarity, we, as a vendor and distributor of gift cards, do not issue or create gift cards, including the gift card(s) that you intend to purchase on one of our POS, but rather acts as an intermediary between you and the merchant(s) you selected. Such merchant(s) is/are the issuer(s) of the gift card(s) you selected. Gift cards will, in many cases, have additional terms and conditions prescribed by the selected merchants that apply to those gift cards and their use (“Third-Party Terms”).

When you purchase or use a gift card from us, you agree that you have read, understood, and agree to our Terms of Services and our Privacy Policy, available at https://app.flexybsolutions.com , and any Third-Party Terms provided by the issuer of the applicable gift card. YOU ALSO ACKNOWLEDGE, ACCEPT AND AGREE THAT WE DO NOT ISSUE OR CREATE GIFT CARDS, BUT RATHER ACTS AS AN INTERMEDIARY BETWEEN YOU AND THE MERCHANT(S) YOU SELECTED. THE PRODUCTS OR SERVICES THAT YOU WILL OBTAIN OR BENEFIT FROM BY USING THE GIFT CARD(S) PURCHASED THROUGH THE USE OF OUR SERVICES ARE SUPPLIED, PROVIDED OR PERFORMED BY INDEPENDENT THIRD PARTIES WHO ARE NOT OUR EMPLOYEES OR REPRESENTATIVES OR AGENTS. WE ARE NOT THEIR REPRESENTATIVE OR AGENT EITHER AND ARE INDEPENDENT FROM THEM. ALL GIFT CARDS PURCHASED FROM US ARE NON-REFUNDABLE.

Payment

By purchasing or using the Services through your user account, you agree and are personally responsible for paying all applicable fees and taxes in full in accordance with the Terms of Services and, as applicable, Third-Party Terms.

You can pay for your transaction using a debit or credit card issued in Canada. The Services retained via or applied to your account are paid for using the debit or credit card applicable to your account when payment is due. In accordance with applicable laws, the applicable sales taxes will be applied to transactions carried out by you on the POS or on our website.

Issuance

Once your transaction is finalized, we verify the validity of the information you have provided us, including your payment method and we then [release] the gift card(s) you selected. We reserve the right to stop the transaction without any obligation to provide justification. If we stop your transaction, we will notify you by text message or e-mail to the phone number or address you provided us.

Generally, when we stop a transaction, we do not apply the amount to your debit or credit card. Should this not be the case, we will refund the amount, or we will ensure that an equivalent credit is credited to your debit or credit card.

Once your transaction is finalized and validated, we send you a confirmation by text message or e-mail detailing the items purchased, the terms and conditions applicable to the gift card(s) purchased including these Terms of Service and our standard disclaimer. This confirmation by text message or e-mail constitutes a copy of the contract with us. It contains the description of the transaction performed and all the terms and conditions applicable to the Services and gift card(s) purchased from us.

ALL GIFT CARDS PURCHASED FROM US ARE NON-REFUNDABLE.

Disclaimer of Warranty

We make every effort to ensure that the information on the POS or otherwise displayed as part of our Services is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up-to-date at all times. We cannot guarantee that the POS will be accessible at all times, without interruption, or that it will be free from errors. We shall not be held responsible for any damages that may result from the inaccessibility of a POS, or from any difficulties that you may experience while you access it, including: an interruption of service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general, and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the POS, our website and/or the content displayed therein.

Your Use of the POS and Services

The POS and Services are made available to you and provided exclusively for your personal and non-commercial use. You cannot use the POS and Services in a manner that competes with our activities.

You are prohibited from and agree not to submit to the POS and Services any information that is inappropriate, obscene, or fraudulent. You are also prohibited, and you agree to refrain from transmitting or submitting to the POS and Services any information that you know to be false or misleading. You are prohibited from and you agree not to engage in any activity related to the use of the POS and Services that constitutes a criminal offence, unlawful action or violation of the Terms of Services and Privacy Policy.

We will automatically and without notice suspend your access to the POS and Services if we have reasonable grounds to believe that your use of the POS and Services constitutes or is related to any criminal activity, unlawful act, violation of the Terms of Services or Privacy Policy, or attempt to do the foregoing. We also reserve the right to transmit automatically and without notice any information that we deem relevant (including personal information) to the appropriate authorities to prevent or stop any criminal or unlawful act, including money laundering.