Terms of Service

1. Definitions

The following terms have the meanings set out below throughout these Terms:

• “BookFlip”, “we”, “us”, “our” — BookFlip Technologies Inc., a corporation incorporated in Canada.
• “Service” — the BookFlip online marketplace platform, website (bookflip.ca), mobile applications, APIs, and all related services operated by BookFlip.
• “User”, “you”, “your” — any individual or business entity that registers for or accesses the Service.
• “Seller” — a User who lists items for sale, exchange, or giveaway on the Service.
• “Buyer” — a User who requests to purchase, exchange, or claim an item listed on the Service.
• “Listing” — any item posted on the Service by a Seller.
• “Transaction” — any completed exchange, sale, or giveaway between Users facilitated through the Service.
• “Paid Sale” — a Transaction where a Buyer pays a price greater than zero to a Seller.
• “Commercial Seller” — a Seller who completes more than five (5) Paid Sales within a single calendar month. This classification is automatic and applies regardless of whether the Seller intends to operate commercially. See Section 6.3.
• “Commission” — the fee charged by BookFlip to Commercial Sellers on Paid Sales exceeding the free monthly threshold, as described in Section 6.
• “Content” — any text, images, data, or other material submitted by a User to the Service.
• “Intellectual Property Rights” — all patents, trademarks, copyrights, trade secrets, and other proprietary rights worldwide.
• “Consumer” — a User acting for purposes outside their trade, business, craft, or profession under applicable consumer protection law.

2. Acceptance of Terms

By creating an account, clicking “I accept the Terms of Service”, or otherwise accessing or using the Service, you agree to be legally bound by these Terms, our Privacy Policy, and any additional policies or guidelines published by BookFlip and incorporated by reference. If you do not agree, you must not use the Service.

These Terms constitute a binding legal agreement between you and BookFlip Technologies Inc.. We may update these Terms at any time. When we do, we will revise the effective date and, for material changes, notify you by email or prominent in-app notice at least 14 days before the change takes effect. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms. If you do not agree to revised Terms, you must close your account before the effective date of the change.

3. Nature of Service — Marketplace Intermediary

BookFlip is a peer-to-peer online marketplace that connects individuals who wish to buy, sell, exchange, or give away used books. BookFlip is not a party to, and has no involvement in, any Transaction between Users.

We do not:

• buy, sell, hold, transfer, ship, insure, inspect, verify, or warrant any item;
• set the price of any item (except through the Commission structure);
• guarantee that any User will complete a Transaction or behave honestly;
• assume responsibility for the condition, legality, safety, accuracy, or fitness for purpose of any Listing or item;
• have any liability arising from meetings or physical exchanges between Users.

All Transactions are formed exclusively between the Seller and Buyer. BookFlip acts solely as a technology intermediary providing a platform for Users to discover each other and communicate. Any contract of sale, exchange, or gift is between the Users involved, not with BookFlip.

4. Eligibility and Compliance

You must be at least 13 years of age to use the Service. By creating an account and accepting these Terms of Service, you confirm that you are at least 13 years old. If you are between 13 and 18 years of age, you confirm that you have obtained consent from a parent or legal guardian to use this platform. By registering, you represent and warrant that you meet this requirement and that you are not prohibited by applicable law from using the Service.

If you are registering on behalf of a business entity, you represent that you have full legal authority to bind that entity to these Terms.

The Service is available only in countries listed at registration. You are responsible for ensuring that your use of the Service complies with all laws and regulations applicable in your jurisdiction. The Service is not available to persons or entities subject to economic sanctions administered by Canada (OSFI), the United States (OFAC), the European Union, the United Kingdom, or the United Nations. See Section 25 (Export Controls and Sanctions).

5. Account Registration and Security

You must provide accurate, current, and complete information during registration and keep your account information up to date. The following information is required to create and maintain an active account: first name, last name, email address, city, and country. Accounts with missing or false mandatory information may be suspended until the information is provided.

You agree to notify us immediately at legal@bookflip.ca of any unauthorized access to or use of your account. BookFlip is not liable for any loss or damage arising from your failure to protect your credentials. You may not share, sell, lend, or transfer your account to any third party.

BookFlip reserves the right to suspend or permanently terminate any account that we reasonably believe has been used fraudulently, abusively, or in violation of these Terms, without prior notice and without refund of any fees paid, subject to applicable consumer protection laws in your jurisdiction.

6. Subscription Plans, Fees, and Commission

6.1 Free Tier

Registration and basic use of the Service is free. Free-tier Users (including Users whose Premium trial has expired) are subject to the following monthly limits, which reset on the first day of each calendar month:

• Sale listings: up to 3 new Listings per calendar month where the listing type is “for sale” or “sale or swap”. Exchange-only and giveaway Listings are unlimited.
• Transactions: up to 3 purchase or swap requests per calendar month as a Buyer or requester. Requests that are cancelled, declined, or expired by either party do not count toward this limit.
• Giveaway claims: up to 1 free book claim per calendar month.

These limits may be adjusted by BookFlip at its sole discretion with reasonable notice. Premium subscribers and active-trial Users are not subject to these limits.

6.2 Premium Subscription

BookFlip offers a paid Premium subscription that provides additional features including, without limitation, higher listing limits, advanced search, and priority support. Current pricing and features are described on the subscription page and may be updated from time to time with 30 days' advance notice for existing subscribers.

By subscribing, you authorise BookFlip to charge your payment method on a recurring basis at the applicable rate until you cancel. Subscription fees are non-refundable except as required by applicable mandatory consumer protection law in your jurisdiction. Cancellation takes effect at the end of the current billing period; no prorated refunds are provided.

EU, UK, and Australian Consumers have a statutory right to cancel within the applicable cooling-off period under their local consumer protection law. If you exercise this right, we will refund any amounts due under applicable law.

6.3 Commission — Commercial Sellers

BookFlip's marketplace is free for personal use. A Seller becomes a Commercial Seller (as defined in Section 1) upon completing their sixth (6th) Paid Sale in a calendar month. Commercial Sellers are charged a Commission of 10% of the gross sale amount on each Paid Sale beyond the fifth in that month. BookFlip reserves the right to adjust the Commission rate prospectively with 30 days' written notice to affected Sellers.

Only completed purchase Transactions where the Buyer pays a price greater than zero count toward the monthly threshold. Free giveaways and non-monetary exchanges are excluded.

The five-sale free quota applies per business entity. Where multiple accounts are linked via the same Business Registration Number (e.g., CRA BN, ABN, or equivalent business identifier), the free quota is shared across all associated accounts within the same calendar month.

Commission is invoiced at month-end in the Seller's local timezone and charged automatically to the Seller's payment method on file. A valid payment method must be registered before a Seller's sixth Paid Sale in any calendar month. Failure to maintain a valid payment method may result in suspension of listing privileges.

6.4 Taxes — BookFlip Charges

Fees charged by BookFlip (subscriptions, commissions) are exclusive of applicable taxes unless stated otherwise. BookFlip will collect and remit applicable taxes (including Canadian GST/HST, EU VAT, UK VAT, Australian GST, or other digital services taxes) on its own charges where required by law. Any applicable taxes will be disclosed at checkout.

6.5 Your Tax Obligations

You are solely responsible for determining, collecting, reporting, and remitting all taxes, duties, levies, and similar charges applicable to your Transactions with other Users under the laws of any jurisdiction. This includes income tax, sales tax, VAT, GST, or any other tax that may arise from your use of the Service as a Seller. BookFlip does not provide tax advice. You should consult a qualified tax professional regarding your obligations.

Sellers in certain jurisdictions may be required to provide tax identification information to BookFlip for regulatory reporting purposes (e.g., DAC7 in the EU, 1099-K reporting in the United States). BookFlip may be required to withhold or report payments and will comply with all applicable reporting obligations.

6.6 Non-Payment and Suspension

Unpaid Commission balances are automatically retried. After retry attempts are exhausted, your account may be soft-suspended (new Listings prohibited) and, if the outstanding balance exceeds a platform-configured threshold, hard-suspended (account frozen, Listings hidden, login disabled). BookFlip reserves the right to refer overdue balances to a third-party collections agency and/or initiate legal proceedings to recover the debt.

Outstanding Commission balances must be cleared before you may exercise any right to erasure of your personal data under applicable privacy law.

6.7 Premium Trial

All new accounts receive a three (3) month Premium trial beginning at the date of account creation. During the trial, Users have access to all Premium features with no listing, transaction, or giveaway-claim limits, and no credit card is required. At the end of the trial period the account automatically reverts to the Free tier unless the User subscribes to a paid Premium plan. BookFlip may modify or discontinue the trial offer at any time for new registrations; existing trials in progress are not affected.

6.8 Currency and Exchange Rate Risk

Prices on the Service are displayed in the currency applicable to your country at registration (e.g., Canadian dollars for Canada). If your payment method is issued in a different currency, your bank or payment provider may apply conversion rates and fees. BookFlip is not responsible for any currency conversion costs, exchange rate fluctuations, or related losses.

7. User Conduct and Prohibited Activities

You agree not to use the Service to:

• list items you do not own or do not have the legal right to sell or transfer;
• provide false, misleading, or fraudulent descriptions of any item;
• engage in market manipulation, shill bidding, or deceptive pricing;
• list, sell, or distribute counterfeit, stolen, forged, or illegally reproduced goods;
• list items that infringe any third party's Intellectual Property Rights;
• harass, threaten, abuse, defame, or discriminate against any other User on the basis of any protected characteristic;
• use automated scripts, bots, scrapers, or crawlers without BookFlip's express written consent;
• attempt to circumvent any technical restriction, security measure, Commission obligation, or access control;
• create multiple accounts to exploit the free Commission quota or any other platform benefit;
• collect or harvest personal data of other Users without their consent;
• transmit viruses, malware, or any other harmful code;
• facilitate or encourage any illegal activity, including money laundering, fraud, or financing of terrorism;
• use the Service in any manner that violates applicable local, national, or international law.

BookFlip reserves the right to remove any Listing, cancel any Transaction, and/or suspend or terminate any account for violations of these rules, in our sole discretion, without liability to you and without refund of any fees.

8. Listings and User Content

By posting a Listing or any Content on the Service, you grant BookFlip a worldwide, royalty-free, non-exclusive, sublicensable, transferable licence to host, store, display, reproduce, transmit, and distribute that Content solely for the purposes of operating, improving, and promoting the Service. This licence terminates when your Content is removed, except to the extent retained in backup or archive systems.

You represent and warrant that: (a) you own or have all necessary rights to post your Content; (b) your Content does not infringe any third party's rights; and (c) your Content complies with these Terms and applicable law.

BookFlip does not verify the accuracy or completeness of Listing information and accepts no responsibility for inaccurate or misleading Listings. Users rely on Listing information at their own risk.

BookFlip may remove any Content at any time, without notice, that we believe in our sole discretion violates these Terms, infringes third-party rights, or is otherwise objectionable.

9. Prohibition on Off-Platform Transactions

You agree not to use information obtained through the Service to initiate, complete, or arrange Transactions outside the Service for the purpose of avoiding Commission charges or any other platform fees (“fee circumvention”). You must not solicit other Users to conduct Transactions through channels other than those provided by the Service when the introduction was made through the Service.

BookFlip may permanently ban Users found to be engaging in fee circumvention and reserves the right to pursue legal remedies for lost revenue resulting from such conduct.

10. Transactions Between Users — Safety

BookFlip provides a messaging and meeting-coordination system, but does not participate in, supervise, guarantee, or insure any Transaction or meeting between Users. All aspects of a Transaction — including meeting location, item inspection, pricing, payment, and transfer — are the sole responsibility of the Users involved.

Safety recommendations: Meet in a well-lit, public location (e.g., a library, coffee shop, or police station parking lot designated as a safe exchange zone). Inspect any item before completing a Transaction. Do not share financial account details with other Users. Report suspicious behaviour to us immediately at legal@bookflip.ca and to local law enforcement.

BookFlip expressly disclaims all liability for any loss, theft, fraud, injury (including personal injury or death), or property damage arising from or related to any in-person meeting or Transaction between Users.

11. Copyright Infringement — Takedown Procedure

BookFlip respects Intellectual Property Rights and expects Users to do the same. If you believe that Content on the Service infringes your copyright, please send a written notice to dmca@bookflip.ca containing:

1. identification of the copyrighted work claimed to be infringed;
2. identification of the infringing material and its location on the Service;
3. your contact information (name, address, telephone, email);
4. a statement that you have a good-faith belief that the use is not authorised by the rights owner, its agent, or law;
5. a statement that the information in the notice is accurate and, under penalty of perjury, that you are the rights owner or authorised to act on their behalf;
6. your physical or electronic signature.

BookFlip will process valid notices in accordance with applicable law (including the Canadian Copyright Act, the US Digital Millennium Copyright Act, and the EU Copyright Directive) and will remove infringing Content or disable access to it. Users who repeatedly infringe will have their accounts terminated.

If your Content was removed in error, you may submit a counter-notice to dmca@bookflip.ca with the information required by applicable law.

12. Payment Processing

Commission charges and subscription fees are processed through Stripe, Inc. or another third-party payment processor (“Payment Processor”). By adding a payment method, you agree to the Payment Processor's applicable terms of service and privacy policy. BookFlip does not store raw card numbers; all payment credentials are held by the Payment Processor in accordance with PCI-DSS standards.

BookFlip is not responsible for any processing errors, declined transactions, currency conversion losses, or charges imposed by your bank or the Payment Processor. Disputes regarding BookFlip's charges must be submitted to legal@bookflip.ca within 60 days of the charge date. Initiating a chargeback or payment dispute without first attempting resolution with BookFlip may result in account suspension.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS.

BookFlip does not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) any defects will be corrected; (c) results obtained from the Service will be accurate or reliable; or (d) any User will complete a Transaction honestly or at all.

Jurisdiction-specific note: Some jurisdictions (including Australia under the Australian Consumer Law, and the EU and UK under applicable consumer protection law) do not permit the exclusion of certain implied warranties or consumer guarantees. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by applicable mandatory law that cannot lawfully be excluded or limited. To the extent such laws apply, our liability is limited to the maximum extent permitted.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOOKFLIP, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• indirect, incidental, special, consequential, punitive, or exemplary damages;
• loss of profits, revenue, data, goodwill, or anticipated savings;
• personal injury, property damage, or death;
• loss arising from any Transaction, meeting, or interaction between Users;
• unauthorised access to or alteration of your Content or account;
• conduct of any third party on the Service,

even if BookFlip has been advised of the possibility of such damages and even if a remedy fails its essential purpose.

AGGREGATE CAP: BOOKFLIP'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO BOOKFLIP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

Jurisdiction-specific note: Certain jurisdictions, including Australia, the European Union, the United Kingdom, and Quebec (Canada), do not permit the limitation or exclusion of liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or certain types of statutory consumer protection claims. Nothing in these Terms limits liability where it cannot be lawfully excluded. In those jurisdictions, our liability is limited to the fullest extent permitted by applicable mandatory law.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless BookFlip and its officers, directors, employees, agents, licensors, service providers, and successors from and against any and all third-party claims, actions, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of or access to the Service;
• your violation of these Terms or any applicable law or regulation;
• any Content you post on the Service, including any claim of infringement;
• your interaction with, or Transaction with, any other User;
• any misrepresentation made by you.

BookFlip reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with BookFlip's defence of such claims.

Note for Consumers: In jurisdictions where Consumer indemnification obligations may be limited by mandatory law (including EU member states, UK, and Australia), this clause applies to the maximum extent permitted.

16. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY — IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.

16.1 Informal Resolution First

Before initiating any formal dispute process, you agree to contact BookFlip at legal@bookflip.ca and attempt to resolve the Dispute informally. BookFlip will attempt to resolve the issue within 30 days. This informal process is a condition precedent to arbitration or litigation (except for emergency injunctive relief).

16.2 Binding Arbitration (Canada and Most Other Jurisdictions)

If informal resolution fails, any Dispute arising out of or in connection with these Terms or the Service — including any question regarding their existence, validity, or termination — shall be finally resolved by binding arbitration administered by the ADR Institute of Canada under its National Arbitration Rules. The seat of arbitration shall be Winnipeg, Manitoba, Canada. Proceedings shall be conducted in English. The arbitrator's award shall be final and binding and may be enforced in any court of competent jurisdiction.

Class action and collective action waiver: You agree to resolve any Dispute on an individual basis only. You waive any right to bring or participate in any class action, collective action, or representative proceeding. The arbitrator may not consolidate claims from different Users. If this waiver is found unenforceable, the arbitration clause shall not apply to that claim.

Exceptions: Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm. Claims within the monetary threshold of the small claims court in your jurisdiction may be brought in that court without arbitration.

16.3 EU and EEA Consumers

If you are a Consumer resident in the European Union or European Economic Area, you are not bound by Section 16.2 to the extent it conflicts with mandatory consumer protection law in your country of residence. You retain the right to bring claims before the courts of your country of residence and to use the EU Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr. Our email for ODR purposes is legal@bookflip.ca.

16.4 UK Consumers

If you are a Consumer resident in the United Kingdom, you are not bound by Section 16.2 to the extent it conflicts with mandatory consumer protection law under UK law, including the Consumer Rights Act 2015. You retain the right to bring claims before the courts of England and Wales or, if you are resident in Scotland or Northern Ireland, before the courts of those jurisdictions.

16.5 Australian Consumers

If you are a Consumer resident in Australia, you are not bound by Section 16.2 to the extent it conflicts with mandatory consumer protection law under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). You retain the right to bring claims before courts in Australia and to access remedies available under Australian consumer law that cannot be excluded by contract.

16.6 Quebec Consumers

If you are a Consumer resident in Quebec, Canada, the arbitration clause and class action waiver in Section 16.2 apply only to the extent permitted by the Consumer Protection Act (RLRQ, c. P-40.1) and other applicable Quebec law.

16.7 Statute of Limitations

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose, regardless of any statute or law to the contrary. Claims not filed within this period are permanently barred. This limitation does not apply to Consumers in jurisdictions where a shorter or longer statutory limitation period is mandatorily applicable.

17. Governing Law

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada, without regard to its conflict-of-law rules, except as follows:

• EU/EEA Consumers: mandatory consumer protection laws of your country of habitual residence apply in addition to Manitoba law.
• UK Consumers: mandatory consumer protection laws of England and Wales (or Scotland or Northern Ireland as applicable) apply.
• Australian Consumers: the Australian Consumer Law applies to the extent of any inconsistency with Manitoba law.
• Quebec Consumers: Quebec consumer protection laws apply to the extent they are more protective.

For non-consumer disputes, the parties submit to the exclusive jurisdiction of the courts of Winnipeg, Manitoba, Canada, subject to the arbitration provisions in Section 16.

18. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, incorporated into these Terms by reference. We process personal data in accordance with applicable privacy law, including Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws, the EU General Data Protection Regulation (GDPR) and national implementing legislation, the UK GDPR, and other applicable data protection laws.

You may exercise your data rights (access, correction, erasure, portability, objection) through your account settings or by contacting legal@bookflip.ca. Outstanding Commission balances must be settled before an erasure request can be fulfilled.

19. Intellectual Property Rights

All software, design, trademarks, logos, trade names, and Content comprising the BookFlip platform (excluding User-generated Content) are the exclusive property of BookFlip Technologies Inc. or its licensors and are protected by Canadian and international Intellectual Property Rights laws. All rights not expressly granted in these Terms are reserved.

You may not reproduce, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, reverse-engineer, or decompile any part of the Service without our prior written consent.

20. Third-Party Services and Links

The Service integrates with or links to third-party services (including Stripe for payment processing, Google for authentication and mapping, and others). BookFlip is not responsible for the content, privacy practices, security, or terms of any third-party service. Your use of any third-party service is at your own risk and subject to that service's own terms and privacy policy.

BookFlip may receive compensation for referrals to third-party services. Such arrangements do not affect our obligations under these Terms.

21. EU Digital Services Act (DSA) Compliance

For Users in the European Union, BookFlip operates as an “online platform” within the meaning of the EU Digital Services Act (Regulation (EU) 2022/2065) as applicable. BookFlip provides the following information for EU Users:

• Content moderation: BookFlip may remove Content that violates these Terms, applicable law, or third-party rights. Users affected by Content removal decisions may submit a complaint to legal@bookflip.ca within six months of the decision.
• Illegal content reporting: If you encounter Content on the Service that you believe is illegal, you may report it to legal@bookflip.ca. We will process reports in accordance with the DSA.
• Recommender systems: BookFlip uses automated systems to rank and recommend Listings based on relevance, location, and activity. You may opt out of personalised recommendations in your account settings.
• Advertising: BookFlip does not serve targeted advertising to EU Users based on profiling using sensitive categories of personal data or to minors.
• EU representative: For DSA purposes, inquiries from EU authorities may be directed to legal@bookflip.ca.

22. Termination

You may close your account at any time through account settings, subject to settlement of outstanding Commission balances and other obligations.

BookFlip may suspend or terminate your access to the Service, with or without notice, for any material breach of these Terms. For minor violations, we will ordinarily provide notice and a reasonable opportunity to cure before termination, unless the breach is of a nature where immediate termination is warranted to protect other Users or the platform.

EU and UK Consumers: where applicable mandatory law requires a specific notice period or process before termination, we will comply with those requirements.

Upon termination, the following provisions survive: Sections 1, 6, 11, 13, 14, 15, 16, 17, 19, 23, 24, 25, and 26.

23. Modifications to the Service

BookFlip reserves the right to modify, suspend, or discontinue the Service or any feature at any time. For material changes that adversely affect existing paid subscribers, we will provide at least 30 days' advance notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except as required by applicable mandatory law.

24. Export Controls and Sanctions Compliance

The Service and its underlying technology may be subject to export control laws and regulations, including those of Canada, the United States, the European Union, and the United Kingdom. You agree not to use, export, re-export, or transfer the Service in violation of any applicable export control or sanctions law, including those administered by Global Affairs Canada, the U.S. Office of Foreign Assets Control (OFAC), and the EU.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive economic sanctions (currently including, without limitation, Cuba, Iran, North Korea, Russia, Syria, and the Crimea/Donetsk/Luhansk regions), and that you are not listed on any applicable government sanctions list.

25. Anti-Money Laundering and Fraud Prevention

You represent and warrant that all funds used on the Service are from legitimate sources and that you will not use the Service to launder money, fund terrorist activities, or commit financial fraud. BookFlip reserves the right to report suspicious financial activity to applicable law enforcement or financial intelligence authorities (including FINTRAC in Canada) as required by law and to cooperate with any investigation. BookFlip may implement identity verification (KYC) procedures as required by applicable law.

26. Force Majeure

BookFlip shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, government action or regulation, war, terrorism, civil unrest, labour disputes, Internet or telecommunications failure, cyberattacks, power outages, or third-party service provider failures. BookFlip will make commercially reasonable efforts to resume normal service as soon as possible.

27. General Provisions

27.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional policies incorporated by reference, constitute the entire agreement between you and BookFlip regarding the Service and supersede all prior or contemporaneous communications, representations, and agreements.

27.2 Severability

If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

27.3 No Waiver

BookFlip's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other provision.

27.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without BookFlip's prior written consent. BookFlip may freely assign these Terms and its rights and obligations to an affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets. Any purported assignment in violation of this section is void.

27.5 Notices

Notices from BookFlip to you will be delivered by email to the address registered on your account or by posting a notice on the Service. Notices are effective upon sending. Notices from you to BookFlip must be sent by email to legal@bookflip.ca or by registered mail to the address in Section 28. Legal notices must be sent by registered mail or internationally recognised courier.

27.6 Language

These Terms were drafted in English. To the extent any translated version conflicts with the English version, the English version controls, except where applicable mandatory law in your jurisdiction requires that the local language version governs (e.g., Quebec's Charter of the French Language).

27.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Only you and BookFlip have rights under these Terms.

28. Contact Information

For legal notices, questions, complaints, or to report a violation:

BookFlip Technologies Inc.
Winnipeg, Manitoba, Canada
General & Legal: legal@bookflip.ca
Copyright / DMCA: dmca@bookflip.ca

EU users may also contact us through the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.