Terms of use

1. YOUR ACCEPTANCE

These terms and conditions govern your use of the products and services offered by Groupe HIKSTER Inc. ("Hikster"), of the website http://www.hikster.com(the "Website") and of the Hikster mobile application (the "Application") (collectively the Website, the Application and all the other products and services offered currently or in the future by Hikster, the "Hikster Services").

Unless otherwise specified, all material and content related to the Hikster Services is the property of Hikster and its affiliates. Hikster grants you the right to access the Hikster Services and you recognize that, by this access, you do not acquire any rights, title or interest in the material and content of the Hikster Services.

The Hikster Services shall not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or used (other than the use for which they were intended) without the prior written consent of Hikster.

Each time you use the Hikster Services, you certify that you and all the persons that you represent agree to be bound by these terms and conditions, and you represent and warrant that you have the legal authority to agree to these terms and conditions personally and on behalf of the persons you represent. If you do not agree to each provision of these terms and conditions or if you do not have the legal authority to agree, conditions, please do not use the Hikster Services.

2. INFORMATION AND CONFIDENTIALITY

By using the Hikster Services, you agree that Hikster collects, processes and stores information about you, including your name, date of birth, email address, location, address, telephone number and information relating to payments and your usage of Hikster Services. You warrant that all information provided to Hikster is true and precise and that, when required, you will update the information.

Any information you provide to Hikster and all information collected by Hikster, if any, will be kept strictly confidential and will not be sold, leased, nor rented without your consent. However, you agree that Hikster disclose to a third party all the information necessary for that third party to be able to provide the services requested by you.

3. PROHIBITED USE

It is strictly forbidden to send, publish or otherwise transmit any content or material containing viruses or that can cause an interruption, damage or limit the functionality of the Hikster Services or of servers connected to the Hikster Services.

You agree not to conduct yourself in a disagreeable fashion and not to use the Hikster Services for purposes that are illicit, illegal or prejudicial.

4. USER'S CONTENT

The Hikster Services allows you to publish content including, without limitation, images, photographs, comments, assessments and suggestions (collectively, the "Customer Content").

You acknowledge and warrant that (i) you are the owner or have the right to publish the Customer Content; (ii) the publication of the Customer Content does not contravene or does not violate third-party rights, including, without limitation, privacy rights, copyrights or other intellectual property rights; and (iii) the Customer Content is not obscene, defamatory, discriminatory, illicit, illegal, fraudulent, hateful, pornographic or otherwise offensive or inappropriate.

You acknowledge that you are entirely responsible for your use of the Hikster Services and the Customer Content, and that Hikster cannot be held responsible for the Customer Content orif the Customer Content is copied or reproduced by other users. In addition, under no circumstances is Hikster obliged to review, revise, modify, approve or delete the Customer Content.

You acknowledge that the Customer Content that you publish is not confidential and you grant Hikster a free, non-exclusive, free of rights, and global license, for use and reproduction, in any form and for legitimate purposes, of the Customer Content, the whole without payment or consideration in exchange and so even if Hikster benefits from it in any way.

Hikster reserves the right, in its sole discretion and without prior notice, to deny the publication, delete or modify the Customer Content when it does not respect the conditions of these terms and conditions.

5. LINKS TOWARDS OTHER WEBSITES

The Hikster Services may contain links to other websites or services. While Hikster strives to provide links to websites or services that share its high standards and respect for privacy, Hikster is not responsible for the content or the privacy practices in effect on other websites or services. You use the other websites and services at your own risk and can make no claim to Hikster as a result of your use of these or your operations with their owner or operator. The provisions set out under the heading "Limitation of Liability" of these terms and conditions apply, with necessary modifications, to your access to other websites and services and their use.

6. LIMITATION OF LIABILITY

The use and navigation of Hikster Services is at your own risk. If you are not satisfied with the information contained in the Hikster Services,or in these terms and conditions, your sole recourse is to cease accessing and using the Hikster Services.

Under no circumstances, Hikster, its directors, officers, employees, or other third parties mentioned or involved in the creation, production or delivery of the Hikster Services can be held responsible for any direct, indirect, special or punitive damage whatsoever (including and without limitation, costs and expenses incurred, of any nature, loss of profit, loss of data or programs or the cessation of activities) arising from access, use, inability to use or consequences from the use of the Hikster Services, the Customer Content or websites and third-party services referenced.

Hikster cannot be held responsible for the acts, omissions or behaviours perpetrated by any user or third party.

The Hikster Services do not give you the right to access the locations listed on the Hikster Services if the managers or persons in authority of these locations have limited or regulated their access. Hikster offers no guarantees related to the listed locations and is not responsible for the condition of the listed locations at the time of your visit.

The Hikster Services, as well as any communication and information related thereto, are provided without any representation, statement or warranty, express or implied, of any nature whatsoever, including, without limitation, any warranty as to their exactness, completeness, reliability, availability, or fitness for a particular purpose. Hikster is not responsible for any errors or omissions in the Hikster Services or if the Hikster Services are interrupted or delayed for any reason whatsoever.

Hikster Services can lend themselves to different uses in any circumstance or application and cannot therefore be interpreted as applicable to your personal situation. By using the Hikster Services, you agree to be solely responsible for the use of any information, advice or statements provided and that you do so at your own risk.

Hikster refuses any responsibility as to any damage resulting from the use of the Hikster Services. This explicit disclaimer includes, namely, (i) the damage caused by viruses, or any other computer software or anomaly that may infect, harm or damage the hardware of your computer, phone, or tablet, as well as their software, memory or any other property belonging to others or to yourself, after accessing, browsing, or using the Hikster Services; and (ii) damage to appliances and equipment used while hiking or conducting any other activity while at the locations listed on the Hikster Services.

7. INTELLECTUAL PROPERTY

Hikster, http://www.hikster.com and all other trademarks and logos appearing on the Hikster Services or in connection with these are trademarks, trade names and service marks, filed or not filed, belonging to Hikster. It may be that names of other product names, companies and logos displayed on the Services Hikster are trade names, trademarks or service marks filed or not filed by their respective owners. logos and service marks (collectively the "Marks") displayed on the Hikster Services. No mention on the Hikster Services or elsewhere shall be construed as granting, by implication or otherwise, a license or right to use the Marks.

8. CHANGES TO THESE TERMS AND CONDITIONS

Hikster may, at its sole discretion, modify these terms and conditions regarding your future use of the Hikster Services, or add new provisions, for any reason whatsoever, without prior notice to you or any other person, and without incurring any liability to anyone. No user of the Hikster Services may modify these terms and conditions and/or add new provisions in any way whatsoever.

In case of modification of these terms and conditions, your subsequent access to the Hikster Services following the modification will irrevocably constitute your acceptance of the modification.

9. GOVERNING LAWS

These terms and conditions are governed solely by the laws of Quebec, Canada and the applicable federal laws of Canada, excluding any rules of private international law or conflict of laws which would result in the application of other laws. Any dispute, between Hikster and you, arising from, connected with or relating to Hikster Services, these terms and conditions or any other related issue will be resolved before the courts of Quebec, in the city of Montreal, Quebec, in Canada, and you hereby irrevocably acknowledge the exclusive competence of these courts with respect to any dispute.

10. INDEMNIFICATION

You acknowledge and agree to hold harmless and indemnify Hikster and its officers, employees, agents and other representatives from any loss, claim, action, responsibility, expense and damage, including expenses and reasonable legal fees, arising from your use of the Hikster Services, Customer Content, or the violation of these terms and conditions.

11. MODIFICATION, SUSPENSION OR TERMINATION

Hikster reserves the right to modify, suspend or terminate, without prior notice and for any reason whatsoever, the Hikster Services or your access or use of the Hikster Services, the whole without any compensation or liability to you.

12. ENTIRE AGREEMENT

These terms and conditions and any document to which it is expressly referred to, constitute the entire agreement between you and Hikster on issues which are the subject hereof, and replace any contract, negotiation, discussion or earlier agreement, of any nature whatsoever.

13. INVALIDITY OF A PROVISION

If any provision of these terms and conditions is illegal, void, or for any reason whatsoever, unenforceable, then the provision will be considered separate from these terms and conditions and will not affect the validity or enforceability of the remaining provisions.