Date updated: August 2019
By using the Site, you represent that you have read, understood and agree to be bound by these Terms and Conditions and any changes that may be made to them. lelivart.com reserves the right, at its sole discretion and without prior notice, to update, modify, add or remove provisions of these Terms. If lelivart.com makes any changes to the Terms, such changes shall be effective immediately. The “last updated” date above tells User when the Terms were last revised. By continuing to use this Site after this date, the User accepts the changes. It is the User’s sole responsibility to consult the Conditions periodically in order to take note of any changes that may be made to them.
- CODE OF CONDUCT
By using the Site, the User agrees to:
Not to use the Site in any way that may violate the Terms;
Not to use the Site in a way that may infringe the intellectual property rights of third parties or lelivart.com;
Do not use the Site in any way that could spread spam, including but not limited to unsolicited advertising or bulk mail or email messages, including a link to a spam site;
Not to use the Site in a manner that could spread computer viruses, Trojan horses, worms or any other malicious or non-malicious computer code, files or programs that are designed or intended to interrupt, damage, limit or interfere with the proper working of any software, hardware, or telecommunications equipment in any form owned by lelivart.com or a third party;
Not to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site;
Use the Site in compliance with all applicable local, state/provincial, national and international laws;
Do not (i) present, submit or provide, in any way, material that harasses, victimizes, degrades or intimidates any person or persons on any basis, including but not limited to religion, race, gender, sexual orientation or disability; and (ii) present, submit or provide defamatory material.
- INTELLECTUAL PROPERTY
The content, arrangement and layout of the Site, including but not limited to trademarks, photos, images, text (in plain text, HTML or PDF form) and computer code are the property of lelivart.com, either owned or licensed, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or used without the written permission of lelivart.com, which permission may be withheld in its sole discretion. Translated with www.DeepL.com/Translator (free version)
The above paragraph also applies to third party property used on the Site, including third party computer code.
- INTERRUPTION DE SERVICE
From time to time, the Site may be unavailable for brief periods of time due to maintenance and/or modifications to the Site. While we will endeavour to make this unavailability as short as possible, lelivart.com cannot be held responsible for any damage, material or moral, resulting from the interruption of the normal functioning of the Site, and declines all responsibility for this.
- DISCLAIMER OF WARRANTIES
We provide the Site and its content to you “as is” and “as available. We try to keep the Site up and running, error-free and secure, but you use it at your own risk. To the fullest extent permitted by law, we disclaim all warranties, including any warranties of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise in connection with commercial transactions or use. We do not warrant that the Site will always be secure or error-free or that the Site will always operate without interruption, delay or defect. We are not responsible for the actions or information of third parties, and you release us from all claims and damages, known and unknown, arising out of or in any way connected with any claim you have against such third parties.
- EXTERNAL LINKS
Hyperlinks placed on this Site may lead to third party sites. When you access these sites, you do so at your own risk. These sites are not controlled by lelivart.com and lelivart.com cannot be held responsible for the content of sites accessed by a hyperlink, nor for the hyperlinks existing on these sites, nor for any change or update in these sites.
- WITNESSES (COOKIES)
A cookie is a file that is stored in your browser that allows us to analyze web traffic. It allows web applications to identify you as an individual. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can adapt its operation to your needs and tastes by gathering and storing information about your preferences.
We use traffic cookies to identify which pages are being used. This helps us to analyze data on web page traffic and to improve our site in order to tailor it to customer needs.
Overall, cookies help us provide you with a better Site by allowing us to track the pages you visit. A cookie does not give us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. You can choose to accept or decline cookies.
- LIMITATION OF LIABILITY
In no event shall lelivart. com shall be liable to you or any third party, and you hereby knowingly and expressly waive all rights to claim direct, indirect, incidental, special or consequential damages and all rights to multiply or increase damages arising from or in connection with the Site, the Content, or any products or services purchased from the Site, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based on contract, tort or other legal or equitable theory. Translated with www.DeepL.com/Translator (free version)
Without limiting the foregoing, you expressly acknowledge and agree that we shall have no liability in the event that (a) any failure by another user of the Site to comply with any codes of conduct (b) personal injury or property damage of any kind, whether in contract or tort, arising out of your access and use of the Site; (c) any unauthorized access to or use of the secure servers and any personal and/or financial information stored thereon; (d) any bugs, viruses, worms, trojan horses, defects, viral time-delay devices or other items of a destructive nature that may be transmitted to or through the Site; (e) any errors, inaccuracies or omissions in any content.
Your sole and exclusive remedy for expressing dissatisfaction with the Site is to discontinue using it. The limitations of this section apply even if the essential purpose of any remedy has failed. An essential part of the basis of the deal between us is the allocation of risk between us. The total amount of liability arising out of these Terms or use of the Site shall not exceed one hundred (100) dollars or the amount you have paid us in the last twelve months. In no event shall User’s attorneys’ fees be awarded or recoverable.
- APPLICABLE LAW
By using this Site, including any order or purchase on the Site, the User acknowledges and agrees that the Terms and Conditions and any claim, suit, action or demand arising out of the use of the Site, including any order or purchase, shall be governed by the applicable laws of the Province of Quebec, and by the applicable federal laws of Canada. User hereby acknowledges and irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec, in the City of Montreal with respect to all disputes arising out of the Terms and your use of the Site.
All prices for items and services sold are payable in the currency established by the Site. We suggest the Customer to check with his bank before any payment in order to avoid or be aware of possible additional charges.
- METHODS OF PAYMENT
Lelivart.com accepts several payment methods to meet your needs. Lelivart.com accepts Visa, Mastercard and Paypal.
- PRICE AND AVAILABILITY
Prices shown are subject to change without notice. Lelivart.com reserves the right to cancel a purchase and refund you in the case of an unavailable product or a service cancellation.
- PRICE ERROR
If the amount paid for a product is incorrect, whether due to the incorrect publication of the price on this Site, in any other communication or for any other reason, lelivart.com reserves the right to cancel the purchase and refund the amount paid. This provision applies whether due to human error or technical failure of this Site or any other system operated by lelivart.com
- ORDER CONFIRMATION
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you receive an error message or experience a service interruption after submitting payment information, it is your responsibility to confirm whether or not your order was placed through lelivart.com or with Livart’s customer service. Only you would be aware of any problems that may have arisen during the purchase process. We will not be responsible for any loss (monetary or otherwise) if you assume that an order was not completed because you did not receive confirmation.
- TRANSACTION AND/OR SERVICE FEES
A product and/or service purchased on the Site may be subject to additional transaction and/or service fees. These fees cannot be refunded at any time. In applicable cases, a delivery fee per order may also be charged. Once a request is shipped, shipping charges cannot be refunded at any time.
In the event that the Customer decides to have his purchase delivered by mail, he waives any recourse against lelivart.com concerning the delivery of his purchases. Lelivart.com can not be held responsible for delivery times resulting from the operations of the delivery service. The Customer is aware of the risks* related to the shipping of his purchases and accepts that lelivart.com cannot be held responsible for any fault concerning the delivery of the purchases. The Customer undertakes not to claim any money or compensation, via an institution or by himself, for the non-receipt of his purchases.
*Loss, theft, non-delivery, delivery to a wrong address or any other reason resulting in the loss of tickets.
- APPLICABLE LAW
By placing an order or making a purchase on the Site, the Customer acknowledges and agrees that the Purchasing Policy, which is an integral part of the Terms and Conditions, as well as any claim, suit, action or demand arising out of an order or purchase, shall be governed by the applicable laws of the Province of Quebec, and by the applicable federal laws of Canada. The Customer hereby acknowledges and irrevocably submits to the exclusive jurisdiction of the courts of the Province of Quebec, in the City of Quebec, with respect to all disputes arising out of the Purchase Policy.
- PROTECTION OF YOUR PERSONAL INFORMATION
We take appropriate security measures, including physical, electronic and procedural measures to protect your personal information from unauthorized access and disclosure. For example, only our authorized employees can access personal information and can only do so when access to that information is necessary for authorized business functions and we use firewalls.
While we take the security measures required by law, no security device is foolproof. Users should always exercise care in handling and disclosing their personal information and should avoid sending their personal information via unsecured email.
- OTHER INFORMATION COLLECTED THROUGH OUR SITE
We use various technologies to collect information from your computer and information about your activities on our Site.
Automatically Collected Information: When you visit our Site, we collect information from your browser. For example, this may include your IP address, computer type and language, access times, the content of any unsuppressed cookies that your browser has accepted from us (see the “Cookies” section of the Terms), and the address of websites from which you were redirected to our Site.