Last update: May 16th 2020
ACCEPTANCE OF CONDITIONS
SERVICES AND CONTRACT
Living Sisu offers its Users benefits such as partner discounts, activities, videos, discoveries (hereinafter the “Services”). Living Sisu is in no way responsible for any information provided by Users through the use of the Services and makes no representation as to the accuracy of such information. Users are solely responsible for the information provided about their comments and exchanges in order to assist other Users in their use of the Services.
ACCOUNT AND ELIGIBILITY
Our Services require that you register online to create an account, then Users will choose their membership category for the period of their membership and will receive the benefits corresponding to their membership category during this period. By using the Services, you represent and warrant that (a) all information you submit to Living Sisu is true and accurate; (b) you will maintain the accuracy of all such information; (c) you will at all times comply and enforce these Terms; (d) you are 18 years of age or older or parental consent ; (e) your use of the Services does not violate any applicable law or regulation; (f) you will safeguard your Account information and you will supervise and be fully responsible for all use of your Account by you and anyone else; and (g) you are fully and legally authorized to act and make decisions on behalf of any entity you represent. Your Account may be deleted without notice if we believe that you are under 18 years of age or if we believe that you have not obtained your parent’s consent, or if you are in breach of these Terms.
These Terms will remain in full force and effect at all times during your use of the Services and/or maintenance of your Account. These Terms will remain in effect even after the termination or expiration of your Account.
PAYMENT AND FEES
The User undertakes to pay Living Sisu the applicable fees for the Services that the User purchases or uses, including membership as a member corresponding to the category of members chosen, in accordance with the price and payment conditions presented by Living Sisu for this Service (the “Membership”). If applicable, you will be invoiced and redirected to the payment platform. To the extent permitted by applicable laws, each User expressly waives the application of articles 2125 to 2129 of the Civil Code of Quebec.
The terms and conditions of renewal of the Membership will be indicated at the time of purchase on the presentation of the features and benefits offered by the Membership and by purchasing the Membership, you agree to these renewal terms and conditions. A renewal notice will be sent to you 30 days prior to the renewal of your Membership in any event, and you may object to the renewal until the renewal date.
All prices posted on the Living Sisu website are in Canadian dollars and are subject to applicable sales taxes.
Your Membership will need to be activated in accordance with the instructions on our website, and the term of your Membership will only commence upon activation. The Membership may be activated by someone other than the person who purchased it.
Any purchase of one of our Services will be refunded if you request it within 14 days of purchase and only if you comply with the following conditions: (i) your purchase has not been used, and (ii) you must provide us with the following information: your full name, contact telephone number(s), email address, mailing address.
We will provide you with a refund within a reasonable time after we receive your complete refund request. For greater certainty, we may decide to deny any refund request if the above conditions have not been met.
We may contact you in connection with your refund request.
Interest on any late payment of fees for the Services will be charged at an annual interest rate of 12% compounded monthly on amounts more than thirty (30) days past due.
Each User authorizes Living Sisu to contact him/her directly by e-mail, telephone or mail at his/her postal address in connection with the Services or any other communication, for commercial or non-commercial purposes.
USE OF OFFERS
Users will be able to use the benefits offered by their membership in accordance with their choice of membership category in the following manner:
Via the Living Sisu web application and mobile application:
- Via a promo code
- Validation by a representative
- Via a barcode
During the relevant period, Living Sisu grants the User a limited, non-exclusive, non-transferable, non-licensable and revocable license to use the Services under the terms and conditions set forth in these Terms. The User agrees that all right, title and interest in and to all intellectual property rights in the Services and all modifications, extensions, scripts and other works derived from the Services provided or developed by Living Sisu are the exclusive property of Living Sisu or its licensors. Any rights not granted to the User under these Terms remain exclusive to Living Sisu.
The Services may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, videos, graphics, music and sound, and the entire content of the Services, as a collective work protected by copyright. Living Sisu owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in its own content. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit the content, in whole or in part. Except as expressly permitted by copyright law, no reproduction, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Living Sisu and the copyright owner. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
The Services may, from time to time, permit you to submit, publish, display or upload content, including, but not limited to, text, files and other materials (“Content”). You retain ownership of your Content, but by downloading it or inputting it into any software, program or platform provided as part of the Services, you grant us a license to use, copy, reproduce, adapt, publish, transmit, host and display such Content for the purposes of (i) providing the Services and related assistance to you and (ii) analyzing and improving the operation of the Services. We reserve the right to remove Content on any software, programs or platforms provided as part of the Services that Living Sisu, in its sole discretion, believes to be in violation of the provisions hereof or may otherwise be objectionable.
The User must not : (i) decompile, disassemble or otherwise reverse engineer, or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces or interoperability of the Services or that are used by the Services by any means whatsoever ; (ii) distribute viruses or other harmful or malicious computer code via or within the Services; (iii) engage in any conduct that disrupts or inhibits any third party’s use and enjoyment of the Services; (iv) remove product identification, copyright or other notices from the Services; (v) sell, rent, lease, loan, assign, license, provide access to, or otherwise transfer or disclose the Services or any part thereof to any third party; (vi) use unauthorized modified versions of the Services, including, without limitation, for the purpose of preparing a similar or competitive product or service or for obtaining unauthorized access to the Services; or (vii) use the Services in a manner that violates applicable local, federal/provincial and foreign laws, including but not limited to those relating to privacy, electronic communications and anti-spam legislation.
If Living Sisu discovers, at its sole discretion, that there has been a breach of these Terms by the User, Living Sisu may terminate these Terms by sending an email message to the User or other written notice to the User specifying the nature of the breach in reasonable detail and Living Sisu’s intention to terminate by a “Notice of Termination”. If the breach has not been resolved to Living Sisu’s satisfaction within forty-eight (48) hours after delivery of the Notice of Termination, these Terms will automatically terminate. To the extent permitted by applicable law, such termination will not relieve the User of any of its obligations under these Terms or entitle the User to a refund of payments previously made.
In the event of termination of these Terms, the User shall immediately cease using the Services. Notwithstanding the preceding sentence, and to the extent permitted by applicable law, termination by Living Sisu of these Conditions will not limit the User’s obligation to pay all applicable fees, nor will it prevent Living Sisu from pursuing any other remedy available to it, including injunctive relief. To the extent permitted by applicable law Termination of these Conditions will not entitle the User to any reimbursement of fees paid by the User. Any provision intended to survive termination of these Terms shall survive such termination.
The User agrees that after termination of the User’s Account and/or use of the Services, Living Sisu may immediately deactivate the User’s Account and delete the User’s data. The User further agrees that Living Sisu shall not be liable to the User or to any third party for the interruption of the User’s access to the Services or the deletion of the User’s data.
Notwithstanding any provision to the contrary, each User, natural person, may terminate his or her membership within 14 days of the latter under the following conditions: (a) the User has not used any of the benefits of his/her membership, (b) the termination request includes the following information: name, telephone number, email address, and postal address, (c) Living Sisu will contact the User to close his/her account and delete it within 7 days, (d) the membership fee will be refunded to the User’s credit card.
THIRD PARTY SERVICES
Living Sisu as part of the Services will recommend that you consider or use applications, products, services or links from third party partner websites for Activities (collectively, the “Third Party Services”), and activate or provide access to them. Access to or use of such Third Party Services is solely between you and the applicable third party service provider (“Third Party Provider”). Living Sisu undertakes only to enable you to benefit from the advantages of this Activity, in the context of the Third Party Service, in your capacity as a member, in accordance with the information contained in your member area or more generally on the Living Sisu website. Any use you make of the Third Party Services offered through the Services or the Living Sisu website is entirely at your own discretion and sole responsibility, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In no event shall Living Sisu be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages resulting from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if Living Sisu has been advised of the possibility of such damages.
Living Sisu works to protect the Services and keep them free of errors, but the User agrees to use the Services at his/her own risk, especially in connection with Third Party Services. Living Sisu provides the Services on an “as is” and “as available” basis, without any representations or warranties, express, implied or statutory, not expressly stated in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither Living Sisu nor its affiliates or their respective employees, agents, third party content providers or licensors make any representation or warranty regarding the reliability, suitability, quality, adequacy or availability of the Services or any service or product requested through the use of the Services or that the Services will be uninterrupted or error-free.
DISCLAIMER OF LIABILITY
In no event shall Living Sisu or its respective suppliers or affiliates be liable for any special, indirect or consequential damages or any damages whatsoever, including without limitation, those resulting from loss of use, loss of data or profits, whether in an action of contract, tort or otherwise, arising out of or in connection with the User’s use of the Services, In particular, the User acknowledges that Living Sisu cannot be held liable for any damage that may occur in the context of any Activity within the framework of Third Party Services, it being understood that Living Sisu only undertakes to allow its member Users to benefit from advantages, in particular tariff advantages, from its third party partners concerning Activities offered within the framework of Third Party Services, except in the case of intentional or gross negligence of Living Sisu.
The User agrees to defend, indemnify and hold Living Sisu, its affiliates and their respective directors, officers, employees and agents harmless from and against any and all claims and expenses, including but not limited to attorneys’ fees (collectively the “Costs”), to the extent that such Costs are attributable to any breach by the User of any representation, warranty or other obligation set forth in these Terms or arising out of the User’s use of the Services.
INDEPENDENT STATUS OF THE PARTIES
No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither party has the authority to bind the other in any way.
Living Sisu’s failure to insist on full performance of any covenant described in these Terms or to exercise any of the rights granted herein shall not be deemed a waiver of such right or of the full performance of such covenant in the future. Except as otherwise provided, any waiver by Living Sisu of any of its rights will be effective only if in writing and such waiver will apply only to the rights and circumstances expressly set forth in the waiver.
DIVISIBILITY, FORCE MAJEURE, INTEGRAL AGREEMENT AND TITLE
If any one or more of the provisions of these Terms are determined to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions of these Terms shall not be affected. Neither party shall be deemed to be in breach of its obligations or liable for any delay or failure to perform under these Terms (other than payment obligations) due to force majeure, fire, natural disaster, accident, act of government, pandemic, or shortage of materials or supplies, lack of transportation or communication, or shortage of suppliers of goods or services, or any other cause to the extent that it is beyond that party’s reasonable control. These Terms and Conditions constitute the entire understanding and agreement between the parties with respect to the subject matter hereof and supersede all prior written, electronic or oral communications, representations, agreements or understandings between the parties with respect thereto. The headings of these Terms and Conditions have been inserted for convenience of reference only and shall in no way affect the meaning or scope of these provisions.
REPRESENTATIONS AND WARRANTIES
The User represents and warrants that at this time, and throughout its use of the Services, (i) the User is fully authorized to enter into these Terms and is fully authorized to use the Services, (ii) the User complies and will continue to comply with all applicable laws and regulations with respect to its activities in connection with these Terms, including, without limitation, privacy laws; and (iii) if the User imports, downloads or provides information into any software, program or platform provided as part of the Services, the User warrants that such information is properly collected and complies with all applicable laws and regulations. The User and each of its users agree to comply with all Living Sisu’s policies and all laws, rules and regulations relating to the use of the Services. Any violation of this section may result in loss of functionality for the User, including termination of the User’s account. The User will compensate Living Sisu for any costs, penalties or damages incurred by Living Sisu as a result of the User’s failure to comply with this article.
These Terms shall be governed by and construed in accordance with the laws applicable in the Province of Quebec. To the extent permitted by applicable law, any action, claim or proceeding arising out of or based upon these Terms may be brought in the courts of Quebec, in the judicial district of Laval, and Living Sisu and each User irrevocably submit and agree to attorn to the exclusive jurisdiction of such courts for any such action, claim or proceeding. To the extent permitted by applicable law, Living Sisu and each User irrevocably waive and agree not to plead or assert in such courts that such action, claim or proceeding was brought in an improper forum.