Termes et Conditions
DERNIÈRE MISE À JOUR LE 28 SEPTEMBRE 2023
This website (“Site”) is provided by Leav Inc. (“Leav”, “we” and/or “us”) as a service to our customers (“you”). Please review the following terms and conditions that govern your use of this Site (the “Agreement”). Leav provides you access to this Site subject to the terms and conditions of this Agreement. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. Leav reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, Leav will post the new Agreement on this Site and note the date that it was last updated. Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed.By using this Site, you represent that you are of the age of majority in your jurisdiction. If you are not of the age of majority in your jurisdiction, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE.SALE OF PRODUCTS & SERVICESThe sale of products and services on this Site are subject to the terms of the retail store (the “Retailer”) in whose location you place your order. More precisely, the sale of any goods or services is governed by the Retailer’s Terms of Sale including the Retailer’s Return Policy.BY USING THIS SITE, YOU ACKNOWLEDGE THAT LEAV IS MERELY ACTING AS AN INTERMEDIARY TO FACILITATE YOUR PURCHASE OF PRODUCTS OR SERVICES FROM THE RETAILER. ACCORDINGLY, LEAV MAY NOT BE CONSIDERED A RETAILER, MERCHANT, WHOLESALER, OR DISTRIBUTOR, AND ALL POTENTIAL LIABILITY OR RESPONSIBILITY ASSOCIATED TO SAME IS NOT OPPOSABLE TO LEAV. PLEASE VERIFY AND AGREE TO BE BOUND BY THE RETAILER’S TERMS OF SALE PRIOR TO THE PURCHASE OF ANY PRODUCT OR SERVICE ON THE SITE.COMPLETION OF TRANSACTIONTo complete a sale of products or services, you must wait for the transaction to be completed or to clear prior to leaving the Retailer’s store. In the event the transaction does not clear or is not complete, you may not leave the Retailer’s store with your selected products or services without otherwise paying for them.DISPARITYIn the event of any price disparity between the price of a product or service on the Site and that displayed in the Retailer’s store, the price displayed in the Retailer’s store shall prevail. In the event of any disparity in the description of a product or service on the Site and that displayed in the Retailer’s store, the description displayed in the Retailer’s store shall prevail. COPYRIGHTS AND TRADEMARKSUnless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks, owned by or licensed to Leav, the Retailer, or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Leav and/or the Retailer and is also protected by Canadian, U.S. and international copyright laws.Leav, the Retailer, and the Retailer’s suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any licence under any of Leav’s, the Retailer’s or any third party’s intellectual property rights.The Leav names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Leav and are used in Canada under exclusive licence by Leav. All other marks are the property of their respective owners. No trademark or service mark licence is granted in connection with the materials contained on this Site.LINKSReferences on this Site to any names, marks, products or services of third parties (including the Retailer) or hypertext links to third party (including the Retailer’s) sites or information are provided solely as a convenience to you and do not in any way constitute or imply Leav’s endorsement, sponsorship or recommendation of the Retailer, third party, information, product or service. Leav is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to follow the link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.USE OF THIS SITEThis Site and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the Contents and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.SITE SECURITYUsers are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header, including any email or TCP/IP packet header. Violations of system or network security may result in civil or criminal liability. Leav and/or the Retailer will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this Site other than the search engine and search agents available from Leav on this Site and other than generally available third party web browsers (e.g., Microsoft Edge, Firefox, Chrome).OBJECTIONABLE CONTENTYou understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that Leav and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.INFORMATIONAL PURPOSES ONLYThe product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this Site are provided by the Retailer and its vendors, partners, and other third parties, and are not independently verified by Leav. The accuracy of such representations is the sole responsibility of the Retailer, vendors, partners, and other third parties. Leav does not represent or warrant that product and/or service descriptions or other Content on this Site are accurate, complete, reliable, current, or error-free. If you find that a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with the Retailer’s Return Policy, or cancel the service in accordance with the applicable service agreement.Leav and/or the Retailer and its vendors, partners and other third parties may also provide recipes, health, nutritional, wellness, prescription, pharmaceutical, tips, instructions and other information and resources on this Site for your general information only. Because various aspects of products and services can change at any time, you should always be sure to read and follow the labels and instructions that accompany any products or services you use or purchase from the Retailer using this Site. No health, nutritional, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a healthcare professional. This information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any product or service is safe for you. You should carefully read all the information provided by the manufacturer of the product or service on or in the product or service packaging and labels and consult your healthcare professional for advice and treatment before using the product or service. LEAV, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS ASSUME NO RESPONSIBILITY FOR ANY INJURY, DAMAGE OR OTHER CONSEQUENCE CAUSED BY OR OTHERWISE RELATED (DIRECTLY OR INDIRECTLY) TO ANY ACTION OR INACTION YOU TAKE BASED ON THE RECIPES, HEALTH, NUTRITIONAL, WELLNESS, PRESCRIPTION, PHARMACEUTICAL, TIPS, INSTRUCTIONS AND OTHER INFORMATION AND RESOURCES AVAILABLE ON THIS SITE.In-store prices are based on the Retailer’s store you have selected. Items listed on this Site may not be available or in-stock at all times for purchase on the Site or at all of the Retailer’s locations. Leav reserves the right to correct, at any time, any pricing errors. While the Site is updated regularly, prices, selection and availability may vary by store, may be inaccurate and are subject to change without notice. Discuss with the Retailer’s service personnel for current information on pricing and availability.INDEMNIFICATIONYou agree to defend, indemnify and hold Leav harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.PRIVACYWe collect personal information about you to deliver the products and services you request, to promote products and services that we believe you will be interested in, and to help improve your shopping experience on the Site. This information may be shared with the Retailer.From time to time, we may disclose information with carefully selected companies other than the Retailer who may offer you products and services of interest.We may transfer any information we have about you in connection with a prospective or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Leav or as part of a corporate reorganization or stock sale or other change in corporate control. For more information, please consult our Privacy Statement.DISCLAIMERTHE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.THIS SITE IS PROVIDED BY LEAV ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEAV MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, LEAV DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LEAV DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.LIMITATION OF LIABILITYTHE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LEAV AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LEAV HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. LEAV MAY ONLY BE HELD LIABLE AFTER THE EXHAUSTION OF ALL LEGAL RECOURSES AGAINST THE RETAILER.NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT LIABILITY IS APPLIED TO LEAV, SUCH LIABILITY IS LIMITED TO $50.00 CAD OR TO YOUR TOTAL TRANSACTION AMOUNT ON THE SITE, WHICHEVER IS LOWER.THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.GENERALExcept for any additional terms incorporated into any purchase made through this Site, this Agreement represents the complete agreement between you and Leav in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of Leav to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Leav’s rights with respect to such breach or any subsequent breaches. Leav shall not be liable for any delay or failure to perform any of its obligations under this Agreement if such delay or failure is due to causes beyond its control. You may not assign this Agreement to any third party without the prior written consent of Leav. This Agreement will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) Leav and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Leav or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Quebec, in the judicial district of Montreal, unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.