THIS AGREEMENT LIMITS THE LIABILITY OF Groupe Vivala INC. (“VIVALA GROUP”, “We”, “Our”, AS THE CONTEXT), GRANTS YOU A LIMITED RIGHT OF USE, AND GIVES THE VIVALA GROUP OWNERSHIP AND CONTROL OF ANY INFORMATION SUBMITTED BY YOU THROUGH THIS POINT APPLICATION.
This document defines the terms and conditions of use ("the Terms") allowing you to use the Groupe Vivala application ("the Application"). These Terms form a legally binding agreement ("the Agreement") between you and Groupe Vivala. By clicking on the "Get" button, you confirm that you have read, understood and agree to be bound by the Terms of the Agreement below. Please read the Terms carefully before agreeing to download the Application. If you do not agree to these Terms, you may not install or use the Application.
Protecting Your Information
In order to use certain components of the Application, you must register by creating an account with Groupe Vivala (“the Groupe Vivala Account”) and providing certain information about you when required to do so through the registration form of the Application.
Intellectual property and licence
This app is owned and operated by Groupe Vivala Inc, headquartered in Quebec.
In return for your acceptance of these Terms, Groupe Vivala grants you a non-transferable, non-exclusive, non-transferable and revocable license to download, access and use the Application for your personal and non-commercial use, and for any other use. This license is conditional on compliance with these Terms.
Groupe Vivala retains all trademarks, copyrights, rights to databases and all other intellectual property rights related to the Application, as well as the underlying programming code.
Terms of Service
1- This application is made available to you free of charge for use on your mobile device. By joining this Agreement and accessing and using this Application, including the purchase of services through it, you confirm that:
- you with the legal capacity and the right to join this Agreement, and to access and use this Application in accordance with this Agreement;
-you are at least 13 years old;
- you are not, therefore, in violation of any other agreement or obligation or legal or regulatory provision;
-you will use the application in accordance with these Terms;
-all the personal information you provide is accurate, up-to-date and complete;
-you will protect your personal information and will not disclose any username, password or other information provided to you to any third party, and that you will notify Us, as soon as possible, if you find or suspect, for any reason either, that the security of your account has been compromised; and
- you accept full responsibility for all assessments, taxes, fees and duties and any other financial liability that may arise from your use of the Application under your name or with your account, as well as any use under your name or with your account by a third person.
2- This application offers a paid subscription to have access to various functions. Groupe Vivala cannot be held responsible in the event that the user encounters operating problems in the paid sections because of their phone model or the permissions they did not wish to give for the application to work properly. By becoming a Premium member, he has access to free workshops with the partners of the Vivala Group. In view of the global pandemic situation, Groupe Vivala cannot guarantee the holding of workshops in person during the next years of subscription. By signing up to this Agreement and accessing and using this Application, you agree that:
-You will have to pay the annual subscription fee to have access to Premium features and free workshops (otherwise they will be available at the current rate).
-Spaces for some workshops will be limited. You are solely responsible for staying informed in order to validate your registration so as not to miss the workshop that may interest you.
-You must notify the Vivala Group in the event of cancellation if you have registered for a workshop and cannot attend. If the workshop is canceled 48 hours before the workshop, the Vivala Group reserves the right to charge an amount of $ 50 per person registered.
- Minors may not have access to certain activities. This will then be mentioned in the workshop description. Minors must, for any workshop, be accompanied by an adult.
-Groupe Vivala reserves the right to prohibit access to a workshop by a person who does not comply with the rules of Ateliers Vivala or of an unaccompanied minor. No reimbursement can be claimed.
-An annual subscription is not refundable even if the user decides to stop using the Application before the end of their subscription. The person can cancel their subscription at the time of renewal for the coming year. She will receive an email to inform her of the procedures.
-Groupe Vivala cannot be held responsible in the event of an accident during the workshop. A liability waiver must be signed before the activity is held. Therefore, you agree not to initiate any recourse against Groupe Vivala of any kind.
You may not access or use the Application for any reason that is illegal or prohibited by this Agreement. You can access or use let to calculate your usage time on your phone and use our partners' geolocation map for you or another person for whom you are legally authorized to act. Use of this Application for any other reason, including for commercial purposes, is strictly prohibited.
Without limiting the generality of the foregoing, you agree that by accessing or using Our Application, you will not commit or participate in, or allow anyone to commit or participate on your behalf in, any of the following acts , each being expressly prohibited by this Agreement:
-make and distribute copies of the Application; attempt to copy, reproduce, alter, modify, or translate the Application; or try to extract the source code of the Application; remove, modify or destroy any trademark or reserved rights notations or copyright notices placed on or contained in the Application or use the Application in order to develop an application or technology having the same primary function Our Application;
This app is only available on iPhone® mobile devices, as well as Android® mobile devices.
You acknowledge and agree that the availability of the Application depends on the platform provided by a third party, for example, the "Apple Store" for the iPhone ("the Platform"), through which you access the Application. You acknowledge that this Agreement is between you and Groupe Vivala and that there is no contractual link with the Platform. Groupe Vivala, and not the Platform, is solely responsible for the Application, its content, maintenance and support services, as well as any complaints that may relate to it, for example, product-related liability, regulatory compliance. or violation of intellectual property rights.
Additional rules of use, rights and responsibilities specific to your mobile device
Without limiting the generality of the foregoing, your use of the Application with any Apple® mobile device is subject to the rules of use established by Apple Inc., including the terms set out in the terms and conditions of use of the '' App Store available at the following address http://www.apple.com/legal/itunes/ww/ , the applicable provisions being incorporated into the Agreement by means of this reference.
Without limiting the generality of the foregoing, your use of the Application with any Android® mobile device is subject to the rules of use established by Google Inc., including the terms set out in the terms and conditions of use of Android Market available at the following address https://play.google.com/intl/fr_lu/about/play-terms.html , the applicable provisions being incorporated into the Agreement by means of this reference.
Limitation of liability
Although Groupe Vivala undertakes to take all reasonable measures in the circumstances to maintain the security of this Application and to protect your personal and confidential information that you have provided, you agree that your use of this Application is entirely at your own risk. own risks. Within the limits permitted by law, Groupe Vivala will not be held responsible for (a) any error or omission in the content available on the Application and for (b) any damage, direct, indirect, particular, punitive or exemplary following loss or damage of any kind, including damage to the mobile device, resulting from access to or your use of the Application. In the event that a court finds Groupe Vivala liable for any damage suffered, Groupe Vivala may not at any time be held liable for damages exceeding the sum of $ 250 CAD.
Groupe Vivala ne pourra être tenu responsable en cas de désaccord entre les utilisateurs et ses partenaires. Groupe Vivala n’est en aucun cas responsable des échanges commerciaux qu’il peut y avoir entre les utilisateurs de l’application et les partenaires présents dans l’application.
Points will be awarded to profiles who have purchased products from Vivala partners. To take advantage of this, the user will have to send an invoice in their profile during their purchase to the partner in question so that the Vivala team can validate the information. The hours will be added to the profile within 10 working days of receipt of the partner's purchase confirmation.
Groupe Vivala cannot be held responsible if the confirmation of purchase is not sent by the user.
The Agreement is in all respects governed and interpreted in accordance with the laws of the Province of Quebec, Canada, and the laws of Canada applicable therein, without regard to the laws, rules or other provisions relating to conflicts of laws (of the Province of Quebec or any other jurisdiction) which would result in the application of the laws of any jurisdiction other than that of the province of Quebec.
You agree to elect domicile under the jurisdiction of the courts of the judicial district of Montreal, in the province of Quebec, for any conflict or disagreement that may result from this Agreement. You waive any objection to the competence of these courts to interpret this contract and to investigate any dispute arising therefrom due to an inappropriate forum or for any other reason, and to take or file any action or complaint to any other court.
Nothing in this section shall prevent Groupe Vivala from taking action in any court of competent jurisdiction in order to apply this Agreement and to seek damages or fair compensation following a breach by you of this Agreement.
We reserve the right, at our sole discretion, to withdraw or modify the Application and / or to prevent access or withdraw the right of access to the Application from any person, at any time, for any for any reason, in particular following a violation of these Terms.
Groupe Vivala reserves the right to modify these Terms at any time for any reason. When material changes have been made, Groupe Vivala will post the revised terms and conditions of use on the Application. You will be deemed to have accepted them if you continue to use the Application after the revised Terms have been posted.