Latest revision : February 2, 2021
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use of the Le Vivier website (the "site").
1. INTELLECTUAL PROPERTY
Any intellectual property on the site, with the exception of the Drupal software code and user-generated content as defined below, is owned by us or our licensees and includes any copyrighted, trademark or patent items. All registered trademarks are owned, registered and/or licensed by us. All content on the site, with the exception of user-generated content as defined below, including, but not limited to, text, design, graphics, photos, sounds, music, videos, applications, interactive features and other content, is a collective work under Canadian law or under any other copyright law and is the property of Le Vivier.
All rights reserved.
2. USING COMPANY CONTENT
We may provide you with certain information due to your use of the site, including, but not limited to, documents, data or information developed by us, or any other element that could assist you in the use of the site or services (the "Organization's Content"). The Organization's Content cannot be used for anything other than the use of the site and the services offered on the site. Nothing hereth can be intepreted as granting you a license or intellectual property rights.
3. DRUPAL SOFTWARE CODE
The site was designed using the Drupal content management platform. Drupal code is distributed freely under GNU General Public License.
4. USER-GENERATED CONTENT
"User-generated content" includes communications, items, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content that you and/or other users of the site publish or make available on or across the site, except for content that is our property.
5. USER ACCOUNT AND ACCOUNT USAGE
If your use of the site requires an account identifying you as a user of the site (a "user account"):
a) you are solely responsible for your user account, maintenance, privacy and security of your user account and all passwords linked to your user account as well as the activity of anyone who has access to your account with or without your permission;
b) you agree to report to us immediately any unauthorized use of your user account, of services through your user account, of a password linked to your user account or any other security breach of your user account or service provided through your user account, and you agree to assist us, as you may request, to stop or remedy any security breaches related to your account; and
c) you agree to provide true, accurate and up-to-date user information, as we may request from time to time, and you agree to report any changes to your user information as required so that the information we hold is true, accurate and current.
When you make a purchase on the site, you agree to provide a valid payment instrument.
When you provide us with a payment instrument, you declare that you have permission to use this payment instrument. When you make a payment, you authorize us, through the payment service we use, to load the full amount onto the payment instrument you have designated for the transaction. You also authorize our payment service to collect and register this payment instrument and any other transaction-related information from our payment service.
No credit or debit card information will be entered or stored on our servers and in our database.
We reserve the right to cancel any transaction if we believe that the transaction violates these terms and conditions of use or if we believe that by doing so we can prevent a financial loss.
In order to prevent any financial loss, we may contact the issuer of your payment instrument, the law enforcement authorities or any affected third party (including other users) and may share the details of any payment to which you are associated if we believe that such an action may prevent a financial loss or violation of the law..
7. SALE OF PRODUCTS AND/OR SERVICES
We can sell goods or services. We are committed to being as accurate as possible with respect to any information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product-related information and you recognize and agree that the purchase of such products is at your own risk.
If you are not satisfied with a product you have purchased on our website, you can send an email within 10 business days of your purchase to:
christine [dot] curnillon [at] levivier [dot] ca
8. ACCEPTABLE USE OF THE SITE
You agree not to use the site for unlawful purposes or any other purpose prohibited under this clause. You agree not to use the site in any way that could adversely affect Le Vivier's site, services or business.
You also agree not to use the site for the following purposes:
a) harassing, abusing or threatening others or otherwise violating a person's rights;
b) violating the intellectual property of Le Vivier or any other third party ;
c) download or transmit computer viruses or other software that could damage the property of Le Vivier or others;
d) commit fraud ;
e) create or participate in gambling, lottery or an illegal pyramid scheme ;
f) publish or distribute obscene or defamatory material ;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group ; and/or
h) illicitly collecting information about others.
By using our site, you may provide us with some information. By using the site, you allow us to use your information in Canada and in any country in which we may operate.
When you sign up for a user account, you provide us with a valid email address and you may also be able to provide us with additional information, such as your name and/or billing information. Depending on how you use our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, historical data, invisible pixels (also called "invisible GIFs"), tags and others.
We use the information collected from you to ensure a good experience on the site. We can also trace some of the passive information we receive to improve our analytical marketing, and to do so, we may work with third-party suppliers.
If you want to block our access to any passive information we receive from using various technologies, you can choose to inactivate cookies in your web browser. Please be aware that we will still receive information about you that you will provide to us, such as your email address.
If you choose to terminate your account, we will store and withhold your information for a reasonable period of time under federal, provincial and otherwise applicable legislation.
10. REVERSE ENGINEERING AND SAFETY
You cannot take any of the following actions:
a) use reverse engineering or disassemble any code or software on or from this site ;
b) violate or attempt to violate site security by unauthorized access, circumvention of encryption or other security tools, data exploitation or interference with any host, user or network.
11. DATE LOSS
We are not responsible for the security of your user account or the content of your account. Using the site is at your own risk.
You agree to defend, compensate and keep Le Vivier and its affiliates unscathed against any claim, lawsuit or demand, including legal fees, that may arise from or relates to your use or abuse of the site, your violation of this or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defence.
13. SPAM POLICY
You are strictly prohibited from using the site or any service offered on the site for the purpose of illegal activities related to spam, including collecting addresses and personal information of others or sending mass commercial emails.
14. LINKS AND THIRD-PARTY CONTENT
We may post links to third-party sites or services. We are not responsible for any damage or loss related to the use of third-party services whose link is found on our website.
15. INDEPENDENCE OF CLAUSES
16. SERVICE INTERRUPTIONS
We may have to interrupt your access to the site in order to carry out maiointenance work or unplanned emergency work. You agree that your access to the site may be affected by unplanned or unanted downtime for any reason, and that we will not be held responsible for any damage or loss resulting from this unavailability.
17. TERMINATION OF USER ACCOUNT
We may suspend, limit or terminate your user account and your use of the site at our sole discretion, at any time, without notice and for any reason, including the operation or effectiveness of the site or equipment or network belonging to us or belonging to a third party that is disturbed by your use or abuse of the site or if you have been or are currently in violation of the terms of this. We will have no liability to third parties, including a third party provider for any suspension, limit or termination of your access to the site.
18. NO GUARANTEE
While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, up-to-date or comprehensive. Under no circumstances can we be held responsible for any damage that may result from an error on the site.
We take no responsibility for any damage resulting from the misuse of the site's content. Nor can we guarantee that the site is available without interruption, error or omission, or that defects are corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided "as is" and "depending on availability" without declaration, guarantee or condition of any kind, express or implied.
If you decide to subscribe to services or features of the site that require a subscription, you agree to provide accurate and up-to-date information about you as required by the relevant registration or subscription process, and to ensure their accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of any passwords or other account identifiers that you have chosen or that will be assigned to you at the time of registration or subscription to Le Vivier or its partners and to assume responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We cannot be held directly or indirectly liable, directly or indirectly, for losses or damages of any kind arising from or related to failure to comply with this provision.
You acknowledge that we may, at our sole discretion, suspend, cancel or terminate your account, use or access to the site or any of its services, and remove and remove any information or content relating to the site or any of the services offered (and terminate your use of it) , for any reason, including if we believe you have violated these conditions. In addition, you acknowledge that we will not be responsible to you or anyone else as a result of such suspension, cancellation or termination. If you are dissatisfied with Le Vivier or any of its services, or any of its conditions, rules, policies, guidelines or practices regarding the operation of Le Vivier or any of its services, your only recourse is to stop using the site or service in question.
Internet communications are subject to interception, loss or tampering, so you acknowledge that the information or items you provide electronically because you access or use this site are neither confidential nor exclusive, except to the extent required by applicable laws, and that unprotected email communications on the Internet may be intercepted, altered or lost.
20. LIMITATION OF LIABILITY
We are in no way responsible for any damage you may suffer as a result of your use of the site, to the fullest extent of the law. The maximum liability of Le Vivier arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Le Vivier in the last six months, withholding the highest amount. This applies to any claim that includes, but is not limited to, loss of profits or income, indirect or punitive damages, negligence, civil liability or fraud of any kind.
21. ADDITIONAL QUESTIONS AND INFORMATION
For further information or information, please contact us at: christine [dot] curnillon [at] levivier [dot] ca