CHOVAIN TERMS OF SERVICE

Last Updated: February 1, 2019

Welcome, and thank you for your interest in Chovain (“Chovain,” “we,” or “us”) and our mobile applications, website at www.chovain.com, along with our related websites, networks, applications, and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and Chovain.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY SIGNING UP FOR AN ACCOUNT OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY (AVAILABLE WWW.CHOVAIN.COM) (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service.

Chovain Service Overview. Chovain provides a technology platform that enables users of Chovain’ s mobile applications or websites provided as part of the Service (each, an “Application”) to arrange and schedule beauty services with independent third-party providers of such services, including independent third-party beauty professionals (“Professionals”). Unless otherwise agreed by Chovain in a separate written agreement with you, the Service is made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT CHOVAIN DOES NOT PROVIDE BEAUTY SERVICES AND THAT ALL SUCH BEAUTY SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY CHOVAIN OR ANY OF ITS AFFILIATES. PLEASE NOTE THAT WE DO NOT DIRECT, CONTROL OR MONITOR THE WORK OF PROFESSIONALS OR GUARANTEE THEIR QUALIFICATIONS AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND BEAUTY SERVICES RENDERED IN ANY MANNER.
Eligibility. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18); (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. In order to order and receive beauty services from Professionals, you must be located in Canada, within an area designated by Chovain, in its discretion, as being eligible to receive such services. Chovain and each Professional reserve the right to reject any request for beauty services, for any reason in its discretion.
Code of Conduct. As a user of beauty services, you agree to abide by the Chovain Code of Conduct, available at www.chovain.com.
Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us (see Section 24 for information on how to contact us).
User Vetting. In Chovain’s sole discretion, users may be subject to an extensive vetting process before they can register for and during their use of the Service, including but not limited to a verification of identity, using third-party services as appropriate (“Identity Checks”). Although Chovain may perform Identity Checks, Chovain is not required to do so and cannot confirm that each user is who they claim to be. Chovain cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Service.
Interacting with Other Users. When interacting with other users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Chovain will not be liable for any false or misleading statements made by Users of the Chovain Platform. NO CHOVAIN ENTITY (AS DEFINED IN SECTION 18, BELOW) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CHOVAIN PLATFORM AND YOU HEREBY RELEASE CHOVAIN AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE.
Licence. Subject to your compliance with these Terms, Chovain grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Chovain and Chovain’s licensors.
Payment
1. Charges. You understand that use of the Service may result in charges to you for the services or goods you receive from a Professional (“Charges”). After you have received services or goods obtained through your use of the Service, Chovain will facilitate your payment of the applicable Charges on behalf of the Professional as such Professional’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Professional. Charges will be inclusive of applicable taxes if required by law. Charges paid by you are final and non-refundable unless otherwise determined by Chovain. All Charges are in Canadian Dollars.
2. Payment Method. All Charges are due immediately and payment will be facilitated by Chovain using the preferred payment method designated in your account. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Chovain may, as the Professional’s limited payment collection agent, use a secondary payment method in your account, if available.
3. Revising Charges and Discounts. As between you and Chovain, Chovain reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Service at any time in Chovain’s sole discretion. Chovain may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Charges applied to you.
4. Cancellation. Please note that we apply the cancellation policy described below:
  - for cancellations made more than 24 hours prior to the appointment: no charge ;
  - for cancellations made within 24 hours to 4 hours prior to the appointment: 50% fee ;
  - for cancellations made 4 hours or less prior to the appointment (including no-show): 100 % fee.
5. Tips or Gratuities. Chovain does not designate any portion of your payment as a tip or gratuity to the Professional. You understand and agree that, while you are free to provide additional payment as a gratuity to any Professional who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
6. Feedback. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Professional.
7. Promotional Codes. Chovain may, in Chovain’s sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Service and/or a Professional’s services, subject to any additional terms that Chovain establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Chovain; (iii) may be disabled by Chovain at any time for any reason without liability to Chovain; (iv) may only be used pursuant to the specific terms that Chovain establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Chovain reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Chovain determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Content
1. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
2. Limited Licence Grant to Chovain. By posting or publishing User Content, you grant Chovain a worldwide, non-exclusive, royalty-free, fully paid right and licence (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
3. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
  1. you are the creator and owner of the User Content, or have the necessary licences, rights, consents, and permissions to authorize Chovain and users of the Service to use and distribute your User Content as necessary to exercise the licences granted by you in this section, in the manner contemplated by Chovain, the Service, and these Terms; and
  2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Chovain to violate any law or regulation.
4. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Chovain may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Chovain with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Chovain does not permit copyright-infringing activities on the Service.
Interactive Services
1. The Service may also include interactive features and services, including social networking functionality, forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to other users, and create, post, or store profile data, pictures, ratings or reviews, and other content on the Service (“Interactive Services”). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:

Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such Material is allowed, such as the posting of Promotions by non-commercial users);
Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
Material that, in our sole judgment of, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.

2. We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.

11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

use the Service for any illegal purpose or in violation of any local, provincial, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
remove any copyright, trademark or other proprietary notices from any portion of the Service;
reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by Chovain;
decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law;
link to, mirror or frame any portion of the Service;
cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;
attempt to gain unauthorized access to any aspect of the Service or its related systems or networks;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 16) or any right or ability to view, access, or use any Material; or
attempt to do any of the acts described in this Section 11, or assist or permit any person in engaging in any of the acts described in this Section

12. Third-Party Services. The Service may be made available or accessed in connection with third-party services and content (including advertising) that Chovain does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Chovain does not endorse such third-party services and content and in no event shall Chovain be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Service using Applications developed for Apple iOS or Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Service in any manner. Your access to the Service using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

13. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting customer service (see Section 24 for contact information). If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Chovain may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.

14. Privacy Policy; Additional Terms

Privacy Policy. Please read the Chovain Privacy Policy (available at www.chovain.com) carefully for information relating to our collection, use, storage and disclosure of your personal information. The Chovain Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”), such as end-user licence agreements for any downloadable software applications, the Terms of Service for Beauty Professionals (available at www.chovain.com), or rules that applicable to a particular feature or content on the Service, subject to Section 15. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

15. Modification of these Terms. Chovain may amend these Terms in the future. Chovain will give you notice of any such amendment and the amendment will come into effect 24 hours after we provide the notice. Notice of any such amendment may be given in any of the following ways:

By posting a notice of the amendments on Chovain’s Website or within any mobile application used to access the Service, or
By sending a notice of the amendments to you at the email address associated with your account.

If you continue to use the Service after any amendment, it will mean that you accept that amendment. If you do not agree, then you may terminate your use of the Service.

Transactions that are already in process prior to the effective date of the amendment will continue to be governed by the terms and conditions that were in effect at the date of the transaction. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

16. Ownership; Proprietary Rights. The Service is owned and operated by Chovain. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Chovain are protected by intellectual property and other laws. All Materials included in the Service are the property of Chovain or our third-party licensors. Except as expressly authorized by Chovain, you may not make use of the Materials. Chovain reserves all rights to the Materials not granted expressly in these Terms.

17. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Chovain an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

18. Indemnity. You are responsible for your use of the Service, and you will defend and indemnify Chovain and its affiliates, and its and their respective officers, directors, employees, consultants, subsidiaries and agents (together, the “Chovain Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.

19. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS, CONTENT, AND PRODUCTS AVAILABLE THROUGH THE SERVICE ARE PROVIDED “” AND ON AN “” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CHOVAIN ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, CONTENT, AND PRODUCTS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE CHOVAIN ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CHOVAIN ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. CHOVAIN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PROFESSIONALS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER OR PROFESSIONAL, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

20. Limitation of Liability

IN NO EVENT WILL THE CHOVAIN ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CHOVAIN ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE CHOVAIN ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO ONE HUNDRED CANADIAN DOLLARS (CND $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 20 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21. Governing Law. These Terms are an agreement between you and 9378-0914 Québec inc. (doing business as CHOVAIN), a corporation incorporated under the laws of Québec, Canada. These Terms are governed by the laws of the Province of Quebec, Canada, and you agree to submit to the personal and exclusive jurisdiction of the courts located within Montreal, Quebec, Canada for the purpose of litigating any dispute relating in any way to these Terms, your use of the Service, or any items you purchase through the Service. We operate the Service from our offices in Montreal, Quebec, Canada, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

22. General. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Chovain regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 18 through 23, along with the Privacy Policy and any other accompanying agreements, will survive.

23. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

24. Contact Information. The Service is offered by Chovain, located at 808-680 rue De Courcelle, Montréal (Québec) H4C 0B8. You may contact us by sending correspondence to that address or by emailing us at info@chovain.com.