Terms of Use of Website
Use of this Website
Your access to and use of this website (whether or not participating in any commerce) is subject to these legally binding terms and conditions which form a binding agreement (“Agreement”) between you and Flùr Inc. (“Flùr”). Please carefully read the following terms and conditions, our Privacy Policy and our Sale Terms and Conditions before accessing or using this website. By using this website, you signify your assent to this Agreement and our Sale Terms and Conditions as well as our Privacy Policy. If you do not agree with our Sale Terms and Conditions, or if you do not agree with the Privacy Policy, do not use this website
Flùr may revise and update its Sale Terms and Conditions, this Agreement, or the Privacy Policy, without notice at any time. Changed terms will become effective once posted on this website. Your continued usage of Flùr’s website constitutes your acceptance of those changes.
Capacity
You represent and warrant that you posses the legal right, capacity and ability to agree to the terms set out herein, in the Sale Terms and Conditions as well as the Privacy Policy and will use this website in accordance with them. We understand the importance of protecting children`s privacy online. As such, this website is not intentionally designed for or directed at those 18 years of age or younger. It is Flùr’s policy to never knowingly collect or maintain information about anyone under the age of 18. If you are using this website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to this Agreement, the Sale Terms and Conditions, as well as the Privacy Policy herein, on behalf of such organization.
Third Party Content and Third Party Apps
Our website and our internal processes may contain links or connections (including advertisements) to third-party web sites ("Third-Party Sites") and third-party content, including without limitation, offsite or online servers, code and applications ("Third-Party Content") as a service to those interested in this information or to facilitate your use of our website or our use of your information in processing orders. As such, the user may enter domains that are beyond the boundaries of Flùr. Flùr has no control over the content, accuracy, completeness or relevance of the information on these Third-Party Sites, Third-Party Content or applications and provides links or other means of accessing these sites and/or applications solely for the information and convenience of visitors to our website. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Flùr does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Flùr provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Flùr’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Flùr is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites or Third-Party Content. Some of the third party services we currently use are Google AdWords, Google AdSense, Google Analytics, Mail Chimp, Instagram, Shopify, Zapiet Delivery Rates by Zip Code App, Zapiet Store Pickup + Delivery App, Quickbooks, Hubdoc and Bold Commerce. This list is subject to change without notice and you are deemed to agree that we may use or link to any Third-Party Site or Third-Party Content without providing prior notice.
Ownership and Copyright
Except as otherwise indicated, this website, and all text, images, marks, logos and other content contained herein, including, without limitation, the Flùr logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of Flùr or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF FLÙR INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
User Conduct
This website is private property and all interactions on this website must comply with these Terms of Use. Users are required to restrict any and all activity with the website to that which involves lawful purposes only. User participation and interaction is encouraged on the website and the website may contain discussion forums, bulletin boards, public recommendations, review services or other forums in which you or third parties may post reviews or other content, messages, materials or other items on the website ("Interactive Areas"). If Flùr provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that would violate or infringe upon the rights of others;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Content that is false and misleading;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content that, in the sole judgment of Flùr, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the website, or which may expose Flùr or its affiliates or its users to any harm or liability of any type.
Flùr takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Flùr liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the website. As a provider of interactive services, Flùr is not liable for any statements, representations or Content provided by its users in any Interactive Area or elsewhere on the website. Although Flùr has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Flùr reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the website at any time and for any reason. Any use of the Interactive Areas or other portions of the website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the website. In order to cooperate with governmental requests, subpoenas or court orders, to protect Flùr’s systems and customers, or to ensure the integrity and operation of Flùr's business and systems, Flùr may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, and you hereby acknowledge such right of Flùr and consent and agree to any such disclosure. Flùr’s right to disclose any such information shall govern over any terms of Flùr’s Privacy Policy.
By posting or distributing Content to or through the website, unless we indicate otherwise, you (a) grant Flùr and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Flùr and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the website; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You further grant Flùr the right to pursue at law any person or entity that violates your or Flùr’s rights in the Content by a breach of this Agreement.
Terms of Sale
When you place an order to buy something on this website you are making an irrevocable offer to purchase the item(s) that you have selected on the terms found on the ordering page in addition to the Sale Terms and Conditions. To make a purchase you must first register and create a user account.
Use of Cookies
Flùr or its partners, advertisers or sponsors may store cookies on your computer to facilitate and customize your experience or the advertisements that you may see on our website or elsewhere. Cookies are alphanumeric identifiers that enable our systems (or our advertiser’s systems) to recognize your browser and to provide certain features. We use cookies because they save you time while navigating the website and help us track and target user interests in order to provide a better, more customized experience. Cookies also allow us to collect automatic information from you, like which pages you visit and what links you click. Most browsers automatically accept cookies, however, it is possible to change your browser settings so that your browser declines cookies. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Website of its manufacturer. If you decline to accept cookies it is possible that some parts of the website may not work properly. Advertisements appearing on our website may be delivered to you by our advertising partners, who may set cookies. Our privacy policy found on this website does not cover the use of your personal information by our advertisers and you should consult their websites for this information.
No Warranty; Limitation of Liability and Indemnification
This website and the content are being provided to you on an ‘as-is’ basis. We are not warranting that the website shall be fully operational at any time or error-free, or free from computer viruses or malicious programming. All warranties are hereby disclaimed.
In no event will Flùr or its affiliates be liable for any direct, special, indirect, incidental, consequential (including among other things, loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of access to, or use of this web site, or delay or inability to use this web site, or any information contained in this web site. Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.
You agree to indemnify, defend and hold harmless Flùr and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Entire Agreement
The failure of Flùr to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or in respect to its use constitutes the entire agreement and understanding between you and us and govern your use of this website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law
These Terms of Use and any separate agreements shall be governed by and construed in accordance with the laws of the Province of Ontario. This website (excluding Third-Party Sites) is controlled by Flùr and operated by it from Ontario, Canada. You explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the website and to block or prevent future access to and use of the website if you violate this Agreement, for any reason, or for no reason. Upon any termination, your right to use the website will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the website. Upon termination, all provisions of this Agreement that are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
Terms
The term ‘you’ or ‘your’ or similar words denote the user accessing the website and may be referred to as “User” interchangeably throughout. The term ‘our’ or ‘we’ or similar words refer to Flùr Inc.
Privacy Policy
Definitions
Personal Information: identifying information about an individual that does not contain health care information. For example, a person’s age, address, and telephone number.
General
Flùr understands how important your personal information is. As such, we are committed to protecting your privacy and any personal information we collect from you. The purpose of this Privacy Policy is to inform you of what personal information we may collect, why we collect it, and to outline the steps taken to keep your personal information confidential. We also provide you with contact information should you have questions, concerns, or proposed amendments to your personal information.
Flùr collects personal information. As such, Flùr maintains privacy in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA sets guidelines for how private sector organizations may collect, use or disclose personal information in the course of commercial activities.
Consent and Collection of Personal Information
Flùr does not collect, use or disclose personal information of individuals except when individuals give consent and provide the information on a voluntary basis. Consent to the collection, use or disclosure of personal information, may be express or implied.
To the extent permissible under applicable law, we may collect other personal information about you and any other party whose details you provide to us when you:
- register for services using our online forms; this may include your name (including business name), address, email address and telephone number;
- complete online forms, take part in surveys, post on our message boards, post any blogs, enter any competitions or prize draws, download information or other publications or participate in any other interactive areas that appear on our website or within our application or service;
- interact with us using social media;
- provide your contact details to us when registering to use or accessing any websites, applications or services we make available or when you update those details; and
- contact us offline, for example by telephone, fax, SMS, email or post.
We may also collect your information where you only partially complete and/or abandon any information inputted into our website and/or other online forms and may use this information to contact you to remind you to complete any outstanding information and/or for marketing purposes.
Should you change your mind, you may withdraw your consent for us to contact you, to continue collection, use or disclosure of your information, at any time. You can do so by contacting us at info@flur.ca.
Accuracy of Personal Information
We take all reasonable steps to ensure all personal information is accurate, complete and up to date for the purpose the information is being used. However, we will not routinely conduct updates on information in our control unless updates are necessary to fulfill the purposes for which the information was collected.
Use of Personal Information
To the extent permissible under applicable law, we use your information to:
- provide any information and services that you have requested or any applications or services that you have ordered;
- provide, maintain, protect and improve any applications, products, services and information that you have requested from us;
- manage and administer your use of applications, products and services you have asked us to provide;
- manage our relationship with you (for example, customer services and support activities);
- monitor, measure, improve and protect our content, website, applications and services and provide an enhanced, personal, user experience for you;
- undertake internal testing of our website, applications, systems and services to test and improve their security, provision and performance, in which case, we would pseudonymize any information used for such purposes, and ensure is it only displayed at aggregated levels which will not be linked back to you or any living individual;
- provide you with any information that we are required to send you to comply with our regulatory or legal obligations;
- detect, prevent, investigate or remediate, crime, illegal or prohibited activities or to otherwise protect our legal rights (including liaison with regulators and law enforcement agencies for these purposes);
- contact you to see if you would like to take part in our customer research (for example, feedback on your use of our applications, products and services);
- monitor, carry out statistical analysis and benchmarking, provided that in such circumstances it is on an aggregated basis which will not be linked back to you or any living individual;
- deliver targeted advertising, marketing (including in-product messaging) or information to you which may be useful to you, based on your use of our applications and services;
- deliver joint content and services with third parties with whom you have a separate relationship (for example, social media providers); and
- any other such method for the purposes of carrying out our services.
Limiting Collection of Information
The collection of personal information is limited to that which is needed for the purposes of delivery of services, research, statistics, and meeting legal and regulatory requirements as described by applicable legislation.
There may be occasions where Flùr may require more information to provide recommendations for a product or a service. In such cases, Flùr will continue to limit the amount of information collected to only the personal information that is required to provide the individual with the requested information, service or product.
Disclosure of Personal Information
We may disclose your personal information if we are required by law to do so, or if you violate of Terms of Use. As such, we may also disclose personal information about an individual for the following reasons:
- subject to the requirements and restrictions, if any, that are prescribed, for the purpose of a proceeding or contemplated proceeding in which the information relates to or is a matter in issue in the proceeding or contemplated proceeding;
- to a proposed litigation guardian or legal representative of the individual for the purpose of having the person appointed as such;
- to a litigation guardian or legal representative who is authorized under the Rules of Civil Procedure, or by a court order, to commence, defend or continue a proceeding on behalf of the individual or to represent the individual in a proceeding;
- for the purpose of complying with:
- a summons, order or similar requirement issued in a proceeding by a person having jurisdiction to compel the production of information, or
- a procedural rule that relates to the production of information in a proceeding;
- for risk and error management.
Protecting Your Personal Information
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Accessing Your Information
Should you wish to access your personal information at any time, please feel free to contact us to make a formal request. Please note that there may be a charge associated with availing the information to you.
If Flùr refuses the request, in whole or in part, under any legal provision, Flùr will give a written notice to the individual stating that Flùr is refusing the request, and will provide a reason for the refusal and will state that the individual is entitled to make a complaint about the refusal to the Information and Privacy Commissioner.
Accountability
You will be notified at the first reasonable opportunity about any theft, loss, or unauthorized use of your personal information.
Flùr is accountable for all personal information under its control. Should you have any questions, concerns, or proposed amendments to your personal information, please feel free to contact our designated privacy officer at:
Should there be a privacy breach, or even a potential breach, you also have the right to make a formal complaint to the Information and Privacy Commissioner of Ontario at 416-326-3333 or by Email at commissioner@ipc.on.ca.
- These terms and Privacy Policy were last modified June 2020 -