Last updated May 2022

By using the 4kawo platform, you acknowledge having read and accepted the following terms of use:

4kawo is a registered company, with head office located at 325 rue du Prince Edward, Otterburn Park, QC, J3H 1W1, Canada (“4kawo” or “we” or “the Company”).

IF YOU DO NOT AGREE TO ALL OF THE TERMS BELOW, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND MUST CEASE USING IT IMMEDIATELY.

By using our Platform and receiving Platform-related services, you also agree to be bound by our Privacy Policy and any additional terms and conditions or documents that may be published on or through the Platform from time to time. The Privacy Policy and any additional policies are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will notify you of any changes by updating the "last updated" date of these Terms at the top of this section, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of any updates. You will be subject to, and will be deemed to have been informed of and to have accepted, the modifications made to the revised Terms by your continued use of the Platform after the date on which such revised Terms are published.

The information provided on the Platform is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements in such jurisdiction or country. . Accordingly, persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Platform is intended for users who are at least 16 years of age or who otherwise have the permission of their parents or legal guardians to access the Platform.

Compensation on your part

You agree to defend, protect, indemnify and hold 4kawo, its subsidiaries, affiliates, officers, agents, predecessors and assigns, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or related to:

• your use of the platform or related services;
• a breach of these Conditions ;
• any claim by a third party for infringement of copyright or other intellectual property rights or invasion of privacy arising out of your use of the Platform and/or your provision of the Platform to other users;
• any activity related to your use of the Platform, whether by you or by any other person accessing your account with or without your consent, unless such activity was caused by the act or default of 4kawo.

Prohibited uses of the platform

The Platform and the services linked to it are intended for your own use or that of your company. By using the Platform, you agree not to :

• Reproduce, copy, modify in any material way or remove any 4kawo trademarks, logos or proprietary notices;
• Rent, resell or redistribute any of our services;
• Use the Platform in connection with any commercial enterprise;
• Provide access to or give the Platform or any part or parts thereof to any third party;
• Reverse engineering the platform;
• Make the platform available on any file-sharing platform;
• Harm, as determined in our sole discretion, 4kawo, the Platform, other users or third parties or their use and/or experience with the Platform with, including, but not limited to, uploading malware, viruses, spyware, malware, cookies, bugs, keyloggers or any other material expressly prohibited;
• Use the Platform in connection with any legal matter that is frivolous, immaterial, illegal, without merit, involves the laws of foreign jurisdictions, or has been pursued for an excessive or unreasonable length of time, as determined by us ;
• Use the Platform to commit, aid or abet a crime or fraudulent activity;
• Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission;
• Make any unauthorized use of the Platform, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses;
• Use a purchasing agent to make purchases on the Platform;
• Bypass, disable or otherwise interfere with the security-related features of the Platform, including features that prevent or restrict the use or copying of any content or impose limitations on the use of the Platform and/or the content contained therein;
• Deceive, defraud, or mislead us and other users, particularly in any attempt to learn sensitive account information such as user passwords;
• Misuse our support services or submit false reports of abuse or misconduct;
• Use any information obtained from the Platform to harass, abuse or harm another person, or to make any statement or take any action that violates the civil or other rights of any user;
• Denigrate, tarnish or otherwise harm, in our opinion, us and/or the Platform;
• Engage in any automated use of the Platform, such as the use of scripts to send comments or messages, or the use of any data mining, robots or similar data gathering and extraction tools ;
• Interfere with, disrupt or create an excessive load on the Platform or the networks or services connected to the Platform;
• Attempt to impersonate another user or person, or use another user's username;
• Sell or otherwise transfer your profile;
• Use the Platform or any related services in a manner that violates any applicable law, regulation or this Agreement;
• Allow any third party to use the Platform in a manner that violates any applicable law, regulation or this Agreement.

4kawo payment policies

If you purchase any of our products, you agree to pay us all applicable taxes and fees ("Fees") specific to 4kawo. Failure to pay the Fees will result in termination of your access to and use of the Platform and all related services. You further agree that:

• We may store your payment method (e.g. credit or debit card) to avoid interruptions to your services and use it as a payment method for other services you may choose to purchase at a later date.
• We calculate the applicable taxes you must pay based on the billing information you provide at the time of purchase.
• Your purchase may also be subject to exchange fees or price variations depending on location (e.g. exchange rates). 

Customer satisfaction policy

4kawo strives for customer satisfaction with the platform and related services we provide. If you purchase any of our services and are not satisfied, please contact 4kawo Customer Service (see below for contact information) and we will work with you to rectify your experience with us.

Intellectual property rights

Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication or otherwise, under any of our copyrights or other intellectual property rights. You agree that this platform and our content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

This Platform may include various product names, trade names, logos, slogans and other marks in which we have a trademark interest or other protectable interest (collectively "4kawo Property"). It may also include product names, trade names, logos, slogans and other marks in which others have a protectable interest (collectively "Other Elements"). You may not copy, download, display, distribute, modify or sublicense the 4kawo Property or Other Elements on the Platform without the prior express written permission of the appropriate owners.

Limitation of liability

In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or in connection with the Platform, or the use thereof. Nothing contained in the Platform or in any written or oral communication from 4kawo or its employees or agents shall be construed as making any promise, undertaking, warranty or guarantee, all of which are hereby explicitly disclaimed, contrary to the representations and disclaimers contained in this paragraph.

The content and functionality of the platform are provided "as is", "with all faults" and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranty, express or implied, as to the ownership, accuracy, completeness or adequacy of the Platform Content or related services or that the functionality of the Platform will be uninterrupted or error-free or free of viruses or third-party attacks. . You hereby acknowledge that your use of the Platform is at your sole risk.

IN NO EVENT SHALL 4kawo, ITS DIRECTORS, OWNERS, EMPLOYEES OR AGENTS AND THEIR LEGAL HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF, OR INABILITY TO USE, THE PLATFORM OR THE SERVICES OR INFORMATION CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE VIRUSES CLAIMED TO HAVE BEEN OBTAINED FROM THE PLATFORM, EVEN IF 4kawo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL YOU BE LIABLE, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN ANY WAY OUT OF OR RELATING TO THE AGREEMENT, PLATFORM OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER DAMAGE OR LOSS, EVEN IF 4kawo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) ON WHICH SUCH LIABILITY IS BASED.

In the event that any of the above limitations are determined to be unenforceable, to the fullest extent permitted by law, you agree that 4kawo's entire aggregate liability and the sole remedy available to any user in all cases, howsoever arising, arising out of or related to the Terms, the Platform or related services shall be limited to damages which, in the aggregate, shall not exceed the greater of $250.00 or the sum of any amounts paid by User to 4kawo in the six (6) months prior to notice to 4kawo of the dispute for which relief is sought, whichever is less.

Submitted content

The Platform may allow users to publish images, audio, text, video, links to other sites or other content on the Platform (collectively "User Content"). Neither 4kawo nor any of its affiliates endorses these entities or individuals, and we are in no way associated with any of the material they may post on or through the Platform. Neither 4kawo, nor its subsidiaries, affiliates, officers, agents, predecessors and successors in interest, nor other partners shall have any liability or responsibility whatsoever arising out of or in connection with any material provided by such entities or individuals or in connection with any conduct of such entities or individuals.

Each user who posts User Content acknowledges and agrees that we have the right, in our sole discretion, to remove, delete or edit any User Content that we deem inappropriate, illegal or otherwise offensive. Any User posting any User Content hereby represents that such User Content does not infringe any third party intellectual property rights and further grants us a license to display and make such User Content available on the Platform or any successor or affiliated platform or website. By posting any User Content on the Platform, you hereby agree to indemnify us for any damages and claims related to such User Content, including, but not limited to, any infringement, misappropriation, defamation or other claims.

Management

We reserve the right, but have no obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms, including, without limitation, reporting such person to the law's platform authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof ; (4) at our sole discretion and without limitation, notice or liability, remove from the Platform or otherwise disable any files and content which are excessive in size or which are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper operation of the Platform.

Modifications and interruptions

We reserve the right to change, modify or remove content from the platform at any time or for any reason, at our sole discretion and without notice. However, we are under no obligation to update the information on our platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Platform.

We cannot guarantee that the platform will be available at all times. We may encounter hardware, software or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Platform at any time or for any reason without notice. You agree that we shall have no liability for any loss, damage or inconvenience caused by your inability to access or use the Platform during any downtime or interruption of the Platform. Nothing in these Terms shall be construed as obliging us to maintain and support the Platform or to provide corrections, updates or releases in connection therewith.

Account security

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to: (1) immediately notify 4kawo of any unauthorized use of your username or password or any other breach of security, and (2) ensure that you exit from your account at the end of each session. 4kawo will not be liable for any loss or damage arising from your failure to comply with this provision. You must be particularly careful when accessing your account from a public or shared device so that others cannot see or record your password or other personal information. If you share your device with others, you may want to consider disabling your automatic login feature if you have linked it to your 4kawo account.

Electronic Communications, Transactions and Signatures opening and using the Platform, sending e-mails or messages integrated into the Platform and filling out requested information constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, by e-mail and on the Platform, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records, as well as the electronic delivery of notices, policies and records of transactions initiated or completed by us or through the Platform. You hereby waive any right or requirement under any statute, regulation, rule, ordinance or other law in any jurisdiction that requires an original signature or the delivery or retention of non-electronic documents, or payments or the extension of credit by any means other than electronic means.

Availability outside Canada

If you access the Platform and its products from outside Canada, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction in which you are located. If you access the Platform from outside Canada, you acknowledge that any personal information you provide will be processed in Canada and other geographic areas selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with these Terms and the Privacy Policy.

Duration and termination

These Terms will remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Platform (including by blocking access), to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty or covenant contained in these Terms or in any applicable regulatory law. We may terminate your use of or participation in the Platform or delete your account and any content or information you have posted at any time, without notice, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of the third party having the party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal and injunctive action.

 Waiver

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any condition shall be deemed a further or continuing waiver of such condition or any other condition. In addition, our failure to enforce any condition shall not be deemed a waiver of such condition or affect our ability to enforce such condition at any time in the future.

Applicable law

These Terms and our legal obligations hereunder are subject to the laws of the Province of Quebec, Canada, regardless of your location. You hereby consent to the exclusive jurisdiction and venue of the federal and provincial courts located in Quebec in all disputes arising out of or relating to the Platform.

Lawyer's fees

In the event that 4kawo is successful in whole or in part in any action or proceeding related to or arising out of this Agreement, you will be responsible for 4kawo's attorneys' fees and expenses.

Miscellaneous

These Terms and any policies or operating rules published by us on or with respect to the Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Platform. You agree that these Terms shall not be construed against us for having been written. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the absence of a signature by the parties hereto to enforce these Terms.

Please read our privacy policy.

Please read our privacy policy, which is fully integrated into these terms and conditions.

Contact

If you have any questions or concerns, please contact us at [email protected].