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Terms of use

Last updated: April 15, 2022

Welcome to INCOGNITODESK.COM (“INCOGNITODESK”). We provide you Web site features and other products and services when you visit or shop our site, use our products or services, applications for mobile or software provided by us in connection with any of the foregoing (“INCOGNITODESK Services”). We provide you the INCOGNITODESK Services subject to the following terms and conditions.

By using INCOGNITODESK Services, you agree to these terms and conditions. Please read them carefully.

When you use an INCOGNITODESK Service, you may also be subject to the guidelines, terms and particular conditions applicable to that INCOGNITODESK Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy policy which also governs your use of the INCOGNITODESK Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any INCOGNITODESK Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other INCOGNITODESK Services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any INCOGNITODESK Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of INCOGNITODESK or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content included in or made available through any INCOGNITODESK Service is the exclusive property of INCOGNITODESK and protected by Canadian and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any INCOGNITODESK Service are trademarks or trade dress of INCOGNITODESK. INCOGNITODESK’s trademarks and trade dress may not be used in connection with any product or service that is not INCOGNITODESK in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits INCOGNITODESK. All other trademarks not owned by INCOGNITODESK that appear in any INCOGNITODESK Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by INCOGNITODESK.

LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, INCOGNITODESK grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the INCOGNITODESK Services.

This license does not include any reverse engineering, resale or commercial use of any INCOGNITODESK Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any INCOGNITODESK Service or its contents; any downloading copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data-gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by INCOGNITODESK.

No INCOGNITODESK Service, nor any part of any INCOGNITODESK Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of INCOGNITODESK.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of INCOGNITODESK without express written consent. You may not use any meta tags or any other “hidden text” utilizing INCOGNITODESK’s name or trademarks without the express written consent of INCOGNITODESK.

You may not misuse the INCOGNITODESK Services. You may use the INCOGNITODESK Services only as permitted by law. The licences granted by INCOGNITODESK terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You need your own INCOGNITODESK account to use certain INCOGNITODESK Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

INCOGNITODESK does not sell products for children, but it sells them to adults who can purchase with a credit card or other permitted payment method. If you are under the age of majority in your province or territory of residence, you may use the INCOGNITODESK Services only with involvement of a parent or guardian.

INCOGNITODESK reserves the right to refuse service, terminate accounts, terminate your rights to use INCOGNITODESK Services, remove or edit content, or cancel orders in its sole discretion, especially if you don’t fulfill your obligations under these Terms of Use, the Terms of Services and the Confidentiality Policy.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content.

INCOGNITODESK reserves the right (but not the obligation) to remove or edit such content, but does not regularly review transmitted content.

If you do post content or submit material, and unless we indicate otherwise, you grant INCOGNITODESK a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant INCOGNITODESK and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify INCOGNITODESK for all claims resulting from content you supply.

INCOGNITODESK has the right but not the obligation to monitor and edit or remove any activity or content. INCOGNITODESK takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY CLAIMS

INCOGNITODESK respects the intellectual property of others. If you believe that your intellectual property rights have been infringed, please submit your complaint using this email address. This email may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate infringers in appropriate circumstances.

PRODUCT DESCRIPTIONS

INCOGNITODESK attempts to be as accurate as possible. However, INCOGNITODESK does not warrant that software descriptions or other content of any INCOGNITODESK Service is accurate, complete, reliable, current, or error-free.

PRICING

“Price” means the suggested retail price of a Service provided by INCOGNITODESK.

We generally do not charge your credit card until we make the digital Service available to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE INCOGNITODESK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INCOGNITODESK SERVICES ARE PROVIDED BY INCOGNITODESK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

INCOGNITODESK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE INCOGNITODESK SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INCOGNITODESK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE INCOGNITODESK SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, INCOGNITODESK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

INCOGNITODESK DOES NOT WARRANT THAT THE INCOGNITODESK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE INCOGNITODESK SERVICES; ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INCOGNITODESK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, INCOGNITODESK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY INCOGNITODESK SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY INCOGNITODESK SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

APPLICABLE LAW

These Conditions of Use and any dispute of any sort that might arise between you and INCOGNITODESK shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on the INCOGNITODESK site. These policies also govern your use of INCOGNITODESK Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

INCOGNITODESK SOFTWARE TERMS OF USE

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with INCOGNITODESK Services (the “INCOGNITODESK Software”).

  1. Use of the INCOGNITODESK Software. You may use INCOGNITODESK Software solely for purposes of enabling you to use the INCOGNITODESK Services as provided by INCOGNITODESK, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the INCOGNITODESK Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or licence the INCOGNITODESK Software in whole or in part. All software used in any INCOGNITODESK Service is the property of INCOGNITODESK or its software suppliers and is protected by Canadian and international copyright laws.
  2. Use of Third Party Services. When you use the INCOGNITODESK Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the INCOGNITODESK Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the INCOGNITODESK Software at any time and without notice to you.
  5. Conflicts. In the event of any conflict between these Conditions of Use and any other INCOGNITODESK or third-party terms applicable to any portion of INCOGNITODESK Software, such as open-source licence terms, such other terms will control as to that portion of the INCOGNITODESK Software and to the extent of the conflict.