TERMS & CONDITIONS
These terms and conditions apply to your use of the Ibrilo website as well as the purchase of “Ibrilo Certificates“ ,”Products” and “Gift Cards” from the website www.ibrilo.com. (the “Website”) operated by Turex Trading Inc (“Ibrilo”,“We”,”Us”, “Our”)
Please read these Terms and Conditions carefully before i) purchasing from the Website, ii) using a product , iii) redeeming an Ibrilo Certificate in exchange for a service. By performing any of the above you agree to these Terms and Conditions. If you do not agree to any a part of these Terms and Conditions, you must not perform any of above mentioned actions. The terms “you and “your” as used herein refer to all individuals and/or entities performing any of the above mentioned actions. You may or may not be the user of the Website or the purchaser.
1. Accessing and using the website
1.1 Age and responsibility. You represent that you are of sufficient legal age to use the Website and create binding legal obligations for any liability you may incur as a result of the use of the Website. It is your responsibility to determine whether your use of the Website is lawful.
1.2 Accuracy of Website. Ibrilo makes reasonable effort to ensure the accuracy and completeness of the material and information contained at www.ibrilo.com. However, the website may still contain technical inaccuracies and typographical errors. Ibrilo makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the material or content contained in the Website.
1.3 Links. The website may contain links to other websites or resources. Since we have no control over such sites we are not responsible or liable for any content, advertising, products or other material available on such sites.
1.4 Warranty disclaimer. Ibrilo makes reasonable efforts to ensure the accuracy and completeness of the material and information contained at www.ibrilo.com. However the Website may contain technical inaccuracies and typographical errors. Ibrilo and third party providers do not warrant the accuracy, completeness or reliability of any of the data or content found on the website, that the website and its content will be available, uninterrupted, error free, or that the website is free of viruses or other harmful components. You agree that Ibrilo and third party providers will not be liable for loss or damage to your computer data or computer and telecommunication equipment as a result of your use of the websit
1.5 Privacy statement. Ibrilo may collect, use and disclose personal information in accordance to the Privacy Policy or as required or permitted by law.
2. Products
2.1 Ibrilo certificates. Ibrilo Certificates are issued and can be redeemed for the specific experience associated with the particular Ibrilo Certificate. Ibrilo Certificates may be exchanged in accordance with the terms set forth below under “Return and Exchange policy”.
2.2 Gift Cards. Ibrilo Gift Cards can be redeemed for experiences only through Ibrilo, and cannot be redeemed for services with any other merchant or service provider. Ibrilo Gift Cards cannot be redeemed or exchanged for cash.
3. Order
3.1 Validation of order. Before accepting your order, we will validate your order and credit card number you submitted to us. If the issuer of your credit card refuses to authorize payment to us we will not be liable for any delay or non delivery.
3.2 Right not to process your order. We reserve the right not to process your order on the basis of unavailability.
4. Delivery
4.1 Shipping address. We can send the product to you or directly to the recipient if you specify so. If the delivery company is unable to deliver the Product because of your unavailability or because of the inaccuracy of the contact details you have provided to us, any subsequent deliveries will be made at your cost.
4.2 Shipping cost. Shipping costs may be applicable to a delivery and are subject to applicable taxes. Shipping delays and cost of Canada Post will be applicable.
5. Refund and Exchanges
5.1 Ibrilo Certificates. You or the recipient may exchange any Ibrilo Certificate on the Website within 180 days of its purchase with another Ibrilo certificate of equal or lesser value available on the Website. Should the the recipient choose to exchange the offered certificate for a more expensive experience, he or she will need to pay the price difference. However, you do not have the right to exchange your Ibrilo certificate once you have booked your service with the Service Provider. All exchanges must be preapproved. If you wish to exchange an Ibrilo certificate please contact us by email at info@ibrilo.com or by phone at 514 484 0734.
5.2 Gift Cards. Ibrilo Gift Cards cannot be redeemed or exchanged for cash.
6. Services
6.1 Reservation. You need to make the reservation directly with the Service Provider that provides the service for the Ibrilo Certificate that you purchased. You may be asked by the Service Provider to give certain information. Reservations are subject to availability of space and service on the specific date requested.
6.2 Requirements. Certain services or activities may be subject to certain conditions such as age limit, physical condition etc. You must consult the Service Provider’s terms and conditions to ensure that you meet their requirements.
6.3 Cancellation or modifications. If you decide to cancel or modify a reservation, you will be subject to the Service Provider’s modification and cancellation policy including payment of cancellation fees.
6.4 Services. The Service Provider is solely responsible for the provision of the service. Ibrilo is not responsible for providing the service.
6.5 Redemption of Ibrilo Certificate. You may only redeem an Ibrilo Certificate to the product described on the Certificate. You do not have to pay any additional fees for this service. Any request of additional services, is subject to availability and the Service Providers Terms and Conditions and will be paid directly to the Service Provider including applicable taxes.
6.6 Originals. Only an original Ibrilo Certificate is a valid means of full payment of the service. The original Ibrilo Certificate must be presented to the Service Provider at the time of redeeming .The Service Provider will verify its authenticity and validity. If the certificate is not authentic or valid the Service Provider will refuse to provide you with the Service. Photocopies, defective or altered Certificates will not be accepted by the Service provider.
6.7 Validity. The Ibrilo Certificates are valid till expiry date on the certificate. Ibrilo Certificate expiration dates may be extended by calling Ibrilo at 1 514 484 0734 and must be requested PRIOR to your original expiration date. All extensions will be subject to a $25 administrative fee and can be extended for a period of six (6) months from the original expiration date. Only one (1) extension will be granted per Ibrilo Certificate
6.8 Lost or stolen certificates. Ibrilo will not be responsible for the loss, theft or damage of Ibrilo Certificates and Gift Cards.
7. General
7.1 All Service Providers of www.ibrilo.com (the "Providers") are independent and unaffiliated to Ibrilo. Ibrilo is not responsible for any matters related to the Providers, including without limitation, the actions or omissions of any Providers. Ibrilo makes no warranties or representations OF ANY KIND, EITHER EXPRESS OR IMPLIED, regarding any Ibrilo Experiences or the Providers thereof, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT ALL IBRILO EXPERIENCES ARE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEVANT PROVIDER AND YOU SHALL LOOK SOLELY TO THE RELEVANT PROVIDER FOR ANY MATTERS OR COMPLAINTS RELATED TO THE EXPERIENCE.
Ibrilo shall not be liable for punitive, special, consequential, incidental or indirect damages of any kind or nature, including without limitation, lost profits, regardless of whether such liability is asserted on the basis of contract, tort, strict liability or otherwise, which relate to or are otherwise connected to any Ibrilo Experience or the actions or omissions of any Provider in connection with the same, even if Ibrilo has been advised of the possibility of such damages.
By purchasing and/or redeeming an Ibrilo Experience or Ibrilo Gift Card, you hereby RELEASE AND FOREVER DISCHARGE and promise not to sue or assert against IBRILO AND ITS SUBSIDIARIES, PARENTS AND AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, AUTHORIZED REPRESENTATIVES AND AGENTS, EMPLOYEES FROM ANY AND ALL CLAIMS, causes of action, damages, losses, liabilities, EXPENSES AND COSTS whatsoever THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES MAY HAVE, including WITHOUT LIMITATION, all claims at law or in equity of every nature and kind, known and unknown, suspected or unsuspected, presently existing or which may arise in the future caused by, arising from, related to or otherwise attributable to THE ACTIONS OR OMISSIONS ON THE PART OF ANY PROVIDER OR OTHERWISE ARISING IN CONNECTION WITH YOUR PURCHASE, REDEMPTION, BOOKING, CANCELLATION, EXCHANGE AND/OR PARTICIPATION IN IBRILO EXPERIENCE.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, SOME OF THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU.
You may be required to execute a separate waiver and release of liability in form and substance satisfactory to the Service Provider before being permitted to participate in the experience.
SERVICE PROVIDERS MAY OR MAY NOT BE COVERED BY LIABILITY AND/OR PROPERTY DAMAGE INSURANCE AND EVEN WHEN A SERVICE PROVIDER MAY HAVE OBTAINED SUCH INSURANCE, YOUR PARTICIPATION IN THE PROVIDER'S EXPERIENCE MAY NOT BE COVERED BY SUCH INSURANCE.
7.2 Indemnification. You agree to indemnify Ibrilo, its officers, directors, and employees from any claim or demand and, including attorneys fees, made by any third party, including the Service Provider, due to your actions or the use of Service.
8. Copyright terms and conditions
8.1 The copyright to all materials and content contained in www.ibrilo.com is owned or licensed by Ibrilo unless otherwise set forth and may not be used by you except as set forth in these Terms and Conditions. You may only download material and content contained in the Website for non-commercial, personal use provided you do not remove or alter the copyright notices set forth therein. You may not use, alter, modify, distribute, transmit or re-post the material and content contained in this Website for public or commercial purposes without the prior written consent of Ibrilo.
9. Privacy Policy
9.1 Ibrilo respects your privacy. Ibrilo intends to use and retain the personal information about yourself that you provide to Ibrilo on www.ibrilo.com only to process your purchases and/or redemptions of Ibrilo Certificates and to send you other information about Ibrilo including but not limited to marketing and/or promotional materials, and will not be used for any other purpose, unless Ibrilo explicitly states otherwise at the time such personal information is obtained. Ibrilo will not sell or knowingly disclose your personal information to any third party; provided, however, Ibrilo may compile or derive statistical information from your personal information to be aggregated with the statistical information compiled or derived from other visitors to the Website. Such statistical information cannot be traced to you. Ibrilo uses aggregated statistical information to better serve our guests and visitors to this Website and improve the manner in which the business of Ibrilo is conducted.
However, in connection with the regulatory requirements applicable to Ibrilo, Ibrilo cannot promise that all of your personal information will never be disclosed. For example, Ibrilo may be compelled or determine it is necessary or appropriate to disclose your personal information to the government or third parties in connection with law enforcement actions and legal disputes involving fraud, misappropriation of intellectual property, infringement of intellectual property rights or other conduct that may expose us to liability. In addition, although Ibrilo has adopted industry standard practices to safeguard your personal information, there is no such thing as perfect security regarding information transmitted by way of the Internet. Unauthorized third parties may unlawfully intercept or access transmissions containing your personal information. Therefore, ibrilo does not promise, and you should not expect, that your personal information will always remain private.
You will select a password and account designation upon completing the registration process for purchasing and/or redeeming Ibrilo Certificates and Gift Cards. You shall be solely responsible for maintaining the confidentiality of the password and account designation, and you shall be responsible for all activities occurring on the Website pursuant to your password or account designation. You shall immediately notify Ibrilo of any unauthorized use of your password or account designation or any other breach of security affecting this Website.
You acknowledge and agree that Ibrilo is not responsible for and has no control over third parties that may be accessed or linked from the Website and you are encouraged to refer to the statements and policies adopted by such third parties related to the use and retention of personal information.
The Website may use "cookies" on certain pages to optimize your experience. These "cookies" reside on the hard drive of your computer. These "cookies" transmit no information about you or your computer to us. You may be able to alter your internet browser to reject "cookies", although doing so may affect your ability to consummate certain transactions on this Website
10. Applicable law; arbitration.
This Terms and Conditions are governed in every respect by the law in force in the Province of Quebec. Any litigation, dispute, misunderstanding or disagreement relating to these Terms and Conditions, their performance or their interpretation will be submitted to arbitration and any such arbitration proceeding shall be conducted in accordance with Section 940 to 947.4 of the Code of Civil Procedure of Quebec and the arbitration award shall be final and non-appealable and such award may be entered in any court having jurisdiction. The arbitration shall take place in Montreal, Quebec and in the French language. In the event of a contradiction between this clause and the aforementioned sections of the Code of Civil Procedure of Quebec, this clause shall have precedence.
11. Severability.
If any of the provisions of these Terms and Conditions or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of these Terms and Conditions will not be affected.
12. Language.
The parties hereto acknowledge having expressly required that these Terms and Conditions are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Termes et Conditions soient rédigés en anglais.