ABOUT THE SERVICE
Description. The ÀLA.HAUSSE Platform, accessible through our App and Website provides a marketplace that allows Users the opportunity to connect to purchase/sell and rent/loan Fashion Items from other Users. Our Service accommodates two User types: (i) Sellers/Buyers; and (ii) Renters/Lenders. Users who purchase Fashion Items are herein referred to as “Buyers” and users who sell Fashion Items are herein referred to as “Sellers”. Users who rent Fashion Items from other Users are herein referred to as “Renters” and Users who rent Fashion Items to other Users are herein referred to as “Lenders”. ALAHAUSSE IS NOT INVOLVED WITH, NOR PROVIDES A WARRANTY FOR, ANY TRANSACTION BETWEEN SELLER/BUYER OR LENDER/RENTER, NOR DO WE HAVE TITLE TO ANY FASHION ITEMS AND DO NOT ACT AS THE SELLER/BUYER OR LENDER/RENTER IN ANY TRANSACTION. YOU AS A SELLER/BUYER OR LENDER/RENTER ASSUME, AGREE, AND UNDERSTAND YOU BEAR ALL OF THE RISKS IN SELLING OR PURCHASING OF ITEMS ON THE SERVICE.
Our Relationship with you (the User) & Disclaimers. Through our Service, each Seller/Lender may promote its Fashion Items for sale/rent to Buyers/Renters. Each User may, at its sole discretion, elect to connect directly with such other User to transact with such other User for the sale/purchase or rental/borrowing of any such Fashion Items displayed on the Platform. A Seller or Lender is the sole offeror and issuer of the Fashion Item for purchase or rental to Buyers/Renters. ÀLA.HAUSSE is not a provider of goods, products, or services, and any such products or services are offered and/or provided solely by the Seller/Lender for sale or rent. Subject to Section 8 (Fees and Payments), pricing relating to Fashion Items posted or displayed on the Service may change at any time without notice to you. The Seller/Lender is also solely responsible for the sale/rental and shipment of the Fashion Item or Items purchased by the Buyer or Renters. ÀLA.HAUSSE does not verify, validate, or conduct background checks on any User. You are encouraged and are responsible for conducting your own investigation and research on any such User and the Fashion Items before using our Service. Users are solely responsible for the care and quality of the Fashion Items listed on the Service. Please visit the User Guide for more information about returns, shipping, and other questions related to our Fashion Item transactions. ÀLA.HAUSSE is not and will not be a party to or implicated in any agreement, contract, or transaction, verbal or otherwise, between any Users. You acknowledge and agree that ÀLA.HAUSSE acts to coordinate payments between Users but does not act as a service provider and nothing in our involvement in the marketplace and payment process makes us responsible for the purchase, sale, rental or return of any Fashion Items. As such, we do not sell/lend any Fashion Items or any other goods, services, or products ourselves, and all such Fashion Items are offered, listed, and provided by the Seller/Lender who is independent of ÀLA.HAUSSE or any of our subsidiaries and affiliates.
REGISTRATION AND USAGE TERMS
Verification and Know-Your-Customer (KYC) Process. All Users of the Platform must participate in our KYC verification process facilitated through our payment processor, Stripe. All payments made through our Services will be withheld by Stripe until such User has been verified through the KYC process. You may contact us at any time at firstname.lastname@example.org to check on the status of your User Account approval. For more information about the process, please visit our User Guide and/or Stripe’s general terms and conditions available at [https://stripe.com/en-ca/ssa]. All Users are still responsible for conducting their own due diligence when transacting with another User.
USER RESTRICTIONS AND GUIDELINES
User Content. You are solely responsible for all information, data, text, software, music, sound, photographs (including your profile photo), graphics, video, messages, or other materials (“User Content”) that you upload, post, publish or display or email or otherwise transmit or use through the Service, including the submission of any entries you submit in relation to any interactive features on the Service. This means that the viewer or User, and not ÀLA.HAUSSE, are entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. ÀLA.HAUSSE does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such User Content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent, or objectionable. Under no circumstances will ÀLA.HAUSSE be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions. ÀLA.HAUSSE imposes certain limitations on the use of the Service, including, but not limited to restricting the number of accounts for which you may register, the maximum period of time that data or User Content (defined below) will be retained by the Service and the maximum storage space that will be allotted on ÀLA.HAUSSE’s servers on your behalf. In respect to the latter, you agree that ÀLA.HAUSSE has no responsibility or liability for the deletion or failure to store any data or User Content maintained or transmitted by the Service. In addition, ÀLA.HAUSSE may establish limitations on when you can use certain features of the Service, which may include warnings displayed within a mobile application. You represent that you will comply with these warnings and you will not exceed any usage limitations set by ÀLA.HAUSSE. You acknowledge that ÀLA.HAUSSE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that ÀLA.HAUSSE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Acknowledgments, Representations, and Warranties.
Our License to You.
Your License to Us
Feedback. In addition to your User Content, you may submit or provide (and we welcome) suggestions, comments, questions, ideas, or other feedback to us concerning the Service (“Feedback”). You hereby understand and agree that we may freely use any such Feedback at our will to design, develop, market, and further improve our technology used to operate the Service, and expand the reach of our Service, improve and increase the ease and enjoyment of our Users’ experience without any restrictions or obligations of confidentiality, acknowledgment, or monetary compensation owing to you. You agree that any submission of Feedback must not contain any computer virus or other malware that could in any way affect the operation of the Service. You also agree that such Feedback must not be unlawful, offensive, threatening, libelous, defamatory, abusive, obscene, or puts any of our personnel, representatives, or agents in a compromising situation. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any such Feedback. We have no obligation to respond to any Feedback you submit to us. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any such Feedback. You hereby grant us a non-exclusive and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform (publicly/privately), translate, adapt, distribute, store, modify, create derivatives works of, publish, and otherwise use your Feedback in connection with the promotion, advertising or marketing of our Service (including any testimonials you may provide regarding our Service), in any form, medium or technology now known or later developed. You may withdraw your consent to us publishing any such Feedback you may have concerning our Service by contacting us at: email@example.com.
User Content and Aggregated (Anonymous) Service Data. We may collect anonymous and aggregated statistical and service data produced, generated, received from, derived from, and/or transmitted to the Service from your computer, mobile device, and/or media system platform, which includes, but is not limited to, demographic information, and actions you take within and outside of the Service, your hardware/software/firmware, the browser you use, the identity of other apps, programs or software included on your device or platform, the date and time of your use of the Service, the length of time you spend on the Service), your activities and/or usage habits on the the Service (“Aggregated Data”). We will use the Aggregated Data to improve our Service, expand the reach of our Service, improve and increase the ease and enjoyment of our Users’ experience, and overall quality and accessibility of the Service. Aggregated Data belongs to ÀLA.HAUSSE. For greater certainty, the Aggregated Data we collect will not reveal your identity or confidential information, including your specific data entered by you into the Service (including any such data entered into your User Account).
ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions in connection with the Service, including without limitation, any such errors contained in any of our marketing and promotional materials, or email newsletters to you, or any information, materials, or content posted on the Website, the ÀLA.HAUSSE Platform, or ÀLA.HAUSSE App (including without limitation any descriptions, pricing, promotions, subscription terms, guidelines, policies, names, dates, instructions, or other products and services we may offer from time to time). We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update in the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
MOBILE SERVICES The Service includes certain services that are available on a mobile device (such as a phone or tablet), including (i) the ability to browse the Services from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain the Service on any such mobile device may be prohibited or restricted by your carrier, and not all features of the Service may work with all carriers or devices.
SERVICE PAYMENT TERM
Payment Method and User Representations. You will be required to provide a credit card, or banking information, and/or another authorized payment method that we may accept (“Payment Information”) when you make a purchase on the Service or to receive payment. If and when you add Payment Information to your User Account, you represent and warrant that you are authorized to use such designated Payment Information, and you authorize us to provide this Payment Information to the Payment Processor (defined below). You acknowledge and agree that our Payment Processor’s terms and conditions will govern your agreement and interactions with them and that we have no liability arising from your use of or access to such Payment Provider that we use to process your Payment Information.
Fees and Charges
Buyer Fees. For every Fashion Item purchased, the Buyer agrees to pay the purchase price identified on checkout (“Listing Price”) set by the Seller (which includes for greater certainty the Service Fee), as well any delivery, shipping fees or charges (“Shipping Fee”) set by the Seller for the shipping of the Fashion Item (as applicable), and any taxes or levies thereon, including applicable charges, international fund transfer fees (as applicable) and any currency exchange rate fees (as applicable) which may be charged to the credit card/debit card on file of the Buyer using the Billing Information provided. For more information relating to the fees detailed herein, please visit our User Guide.
Seller Fees. Listing an item on the Platform is free for Sellers, and ÀLA.HAUSSE does not charge Sellers any fees in connection with the listing of any Fashion Items thereon. However, ÀLA.HAUSSE does charge the Seller the Service Fee, and a tiered commission on any Fashion Items sold by a Seller through the Platform, such amount of commission which is determined and dependent on the Listing Price of the Fashion Item (“Commission”). Commission will be deducted from the aggregate amount of the Listing Price set by the Seller and paid by the Buyer to the Seller. Sellers are responsible for arranging for the shipment of Fashion Items purchased on the Platform and may choose to charge a Shipping Fee to the Buyer or to cover the cost of the Shipping Fee for the Buyer. However, if the Seller has sold a counterfeit or unauthentic Fashion Item to a Buyer, Seller will be responsible for payment of Shipping Fees, as applicable, to have the Buyer return the Fashion Item to Seller. We reserve the right to modify our Commission at any time. For more information relating to the fees detailed herein, please visit our User Guide. For purposes of this Section 8.3(b), the tiered Commission is calculated as follows:
Seller pays 12% of the Listing Price on Fashion Items with a Listing Price of between $0.01 and $1,000.00;
Seller pays 10% of the Listing Price on Fashion Items with a Listing Price of between $1,000.01 and $3,000.00; and
Seller pays 8% of the Listing Price on Fashion Items with a Listing Price of $3,000.01 or more.
Renter Fees. For every Fashion Item borrowed, the Renter agrees to pay the Listing Price set by the Lender (which includes for greater certainty the Service Fee), a rental fee of 15% (“Rental Fee”), a deposit on the Fashion Item (“Deposit) which ÀLA.HAUSSE will hold until any Fashion Items rented (Renter) have been returned to the Lender (as specified in the User Guide), as well as any Shipping Fee agreed upon as between the Renter and Lender for the shipping of the Fashion Item (as applicable), any taxes or levies thereon, including applicable charges, international fund transfer fees (as applicable) and any currency exchange rate fees (as applicable) which may be charged to the Renter’s credit card/debit card on file using the Billing Information provided. For more information relating to the fees detailed herein, please visit our User Guide.
Lender Fee. Lenders who lend Fashion Items to Renter through the Service will pay a lending fee of 15% (“Lender Fee”) for the lent Fashion Items, the Service Fee, as well as any Shipping Fee agreed upon as between the Renter and Lender for the shipping of the Fashion Item (as applicable), including applicable taxes and/or international fund transfer fees and any currency exchange rate fees that may be charged to the credit card/debit card on file of the Lender using the Payment Information provided. Lenders are responsible for arranging for shipping of Fashion Items they lend to a Renter on the Platform. In particular, if the Lender has loaned or rented a counterfeit or unauthentic Fashion Item to a Renter, Lender will be responsible for payment of Shipping Fees, as applicable, to have the Renter return the Fashion Item to the Lender. For more information relating to the fees detailed herein, please visit our User Guide.
Taxes. Sellers and Lenders are solely responsible for calculating, withholding, and/or remitting any taxes related to Seller Fees and Rental Fees, as applicable. ÀLA.HAUSSE will be responsible for calculating and remitting taxes on any Service Fees. Sellers and Lenders agree to indemnify ÀLA.HAUSSE, and each of its officers, directors, employees, and agents and hold them harmless against any and all losses, taxes, damages, liabilities, and claims arising out of the calculation, remittance, or withholding of any applicable taxes, except as it relates to the Service Fee.
Changes to our Service Fees. We reserve the right to change or modify our Service Fees at any time (and to the maximum extent permitted by Applicable Law). If a Service fee is changed or a new Service Fee is introduced, it will take effect no earlier than thirty (30) days from the date it is posted on our Service (either on our Website or in-App), or as otherwise communicated to you in writing by us by email or other written communication method. [If you do not accept our changes to our Service Fees, you can cancel your use of the Service and terminate your User Account prior to the end of the thirty (30) day period. If you do not terminate your User Account and/or you continue to use your User Account at the end of the thirty (30) day period, your continued use of the Service indicates that you agree and adhere to our changes.
Returns and Refunds. Users are permitted to cancel their order within the one (1) hour cancellation window available within the App (“Cancellation Window”) and will be automatically refunded any amounts if such cancellation occurs within the Cancellation Window. ÀLA.HAUSSE is not responsible for arranging refunds as and between Sellers and Buyers, or Lenders and Renters. For any transactions where monies or amounts have been released to the Seller or Lender we strongly encourage Users to contact the Seller or Lender directly to arrange a refund. For more information about cancellations and refunds on a User’s behalf, please visit the User Guide.
Deposits. Where the Borrower has paid a Deposit for a Fashion Item to the Lender, the Lender will be required to mark the Borrower’s order as processed and the transaction completed. The Lender will then receive its Commission for the transaction, and the Deposit will be released back to the Borrower. In the event that the Lender fails to mark any given transaction as complete, the order will automatically be marked as having been completed after 48 hours of the end of the rental period in question. All Deposits in such case will be held by Stripe on behalf of the Renter until the rental period has ended and/or the transaction has otherwise been marked as complete. All returns on Deposits will be returned to the Renter within 7-10 business days of the date on which the transaction was completed. For more information about Deposits, please visit the User Guide.
TERM AND TERMINATION.
Term. This Agreement shall apply to you unless earlier terminated in accordance with this Section 9.
Termination by You. You may terminate your Account and/or stop using the Service at any time. If you wish to delete your User Account, you may send us a request to firstname.lastname@example.org or visit the support section within our App, under Setting/Support Section.
Effect of Termination and Survival. On termination (either by you or by us), you will lose all access to the Service (including the App, the Website, and ÀLA.HAUSSE Platform ), and your User Account. Additionally, on any such termination, the licenses granted to you hereunder will terminate, and you return and/or destroy (at our request) and/or delete any such copy of the App (and any other part of the Service) from your mobile, computer, or other similar device on which the App and/or Service are installed. Section 1; Section 2.3, Section 3, Section 4; Section 6; Section 8; Section 9; Section 10; Section 11; Section 12; and Section 13 shall survive any termination of this Agreement.
THIRD-PARTY CONTENT AND INTEGRATIONS
Third-Party Links; Content; Embedded Third-Party Components. The Service may contain technology and data that is licensed by ÀLA.HAUSSE from third parties and use of such third party technology and data are sublicensed to you hereunder in connection with your use of the Service, for their intended purpose. As well, the Service may contain links and pointers to other websites, and built-in third-party communications tools for Users to interact with us that are not owned or controlled by ÀLA.HAUSSE. The Service may also integrate third-party account login features, allowing a User to register a User Account and log in using their Shopify account. Any such third-party features are also considered third-party services for which we have no control over. ÀLA.HAUSSE is not responsible for the content of any linked websites and accepts no liability or responsibility for your access and use of such third party links, and in no event shall any such third party links displayed on our Service constitute our endorsement of them. Any third-party websites or services accessed from the website or app are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. AS SUCH, YOU HEREBY RELEASE ÀLA.HAUSSE FROM ALL LIABILITY AND/DAMAGES THAT MAY ARISE FROM YOUR USE OF ANY SUCH THIRD-PARTY INTEGRATIONS, WEBSITES, LINKS, AND/OR THE SERVICES WHICH THEY MAY PROVIDE TO YOU.
Third-Party App Stores. ÀLA.HAUSSE’s mobile App may be made available through the Apple App Store, the Google Play Store, or other third-party app marketplace distribution providers. Mobile users of the Service acknowledge and agree that the availability of the App and the Service is dependent on the app store from whom you received the App license. You acknowledge that the terms of service for the App are between you and ÀLA.HAUSSE and not with the app store from whom you obtained a copy of the App. ÀLA.HAUSSE, not the third party-branded app store, is solely responsible for the Website, App, the Service, and the content thereon, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the app store or app marketplace in connection with the Service. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the applicable app store’s terms and policies) when using the Service. You acknowledge that the applicable app store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce them.
Advertisements. You acknowledge and agree that the Service may contain advertisements from third parties. Subject to Section 10.1, if you elect to have any business dealings with anyone whose products or services may be advertised on the Service, you acknowledge and agree that such dealings are solely between you and such third party, and you further acknowledge and agree that ÀLA.HAUSSE shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
IMPORTANT DISCLAIMERS AND SERVICE LIMITATIONS
Disclaimers. The Service (including the App, Website, ÀLA.HAUSSE Platform, and Services), including all underlying technology and functionality connected thereto and/or integrated therein, is made available to you on an “AS IS” and “AS AVAILABLE” basis. The use and functionality of the Service (and any part of it) could cause unexpected results, delays, failures, loss of communications, corruption or loss of data, and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back up all data and information on your device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE (AND ANY PART OF IT) INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, MOBILE CARRIER DATA CHARGES, OTHER THIRD-PARTY DATA CHARGES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, (ALL SUCH CHARGES AND FEES FOR WHICH YOU ARE RESPONSIBLE TO PAY), AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (AND ALL PARTS OF IT) IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY USER CONTENT, CONTENT, CONTENT, MATERIALS, OR OTHER INFORMATION DOWNLOADED, TRANSMITTED, STORED, ACCESSED, OBTAINED THROUGH, OR OTHERWISE MAINTAINED, THROUGH, ON, OR BY THE USE OF THE SERVICE ( AND ALL PARTS OF IT) IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE (AND ANY PART OF IT). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WAS OBTAINED BY YOU FROM ÀLA.HAUSSE OR THROUGH APP (ITS SOFTWARE), OR THE SERVICE GENERALLY WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ÀLA.HAUSSE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT ON THE SERVICE IS ACCURATE, RELIABLE, CORRECT; AND UP TO DATE; THE APP, THE WEBSITE, THE ÀLA.HAUSSE PLATFORM AND ANY OTHER SERVICES OFFERED THEREBY WILL MEET YOUR REQUIREMENTS; THE SERVICE (IN WHOLE OR IN PART) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; AND ANY DEFECTS OR ERRORS WILL BE CORRECTED.
Limitations of Liability. IN NO EVENT SHALL ÀLA.HAUSSE, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APP, SOFTWARE OR SERVICES. UNDER NO CIRCUMSTANCES WILL ÀLA.HAUSSE BE RESPONSIBLE FOR ANY DAMAGES, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. ÀLA.HAUSSE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES IN THE APP, THE WEBSITE, THE ÀLA.HAUSSE PLATFORM, AND THE SERVICES GENERALLY (AND ANY DATA, INFORMATION, OR CONTENT THEREON; (B) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE (AND ANY PART OF IT); (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE (AND ANY PART OF IT, INCLUDING THE WEBSITE AND APP); (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE (AND ANY PART OF IT) BY ANY THIRD PARTY; AND/OR (E) ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, EMAILED, TRANSMITTED TO THE SERVICE (AND ANY PART OF IT). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL ÀLA.HAUSSE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) EXCEED THE AMOUNT YOU PAID TO ÀLA.HAUSSE HEREUNDER IN TWELVE (12) MONTHS PRIOR TO ANY SUCH CAUSE OF ACTION (IF ANY), OR IF NO AMOUNTS WERE PAID BY YOU TO ÀLA.HAUSSE, FIFTY CANADIAN DOLLARS ($50.00). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
Access to Your Account and Content. You acknowledge and agree that ÀLA.HAUSSE may access, use, preserve and/or disclose your Account information and User Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request; (b) enforce these Terms, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of ÀLA.HAUSSE, its users or the public as required or permitted by applicable law.
Export Control. Use of the Services and App may be subject to the export and import laws of Canada, the United States, and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App or the Services for any purposes prohibited by the United States or Canadian law, including, without limitation, the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.
Notices. ÀLA.HAUSSE may provide you with notices regarding the App, the Software, and the Services, including changes to these Terms, by email or by postings in-App notifications, on the Website and/or the Services generally.
Governing Law & Disputes. These Terms shall be governed by and construed in accordance with the laws in effect in the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action or proceeding between ÀLA.HAUSSE and Users shall be brought exclusively in a court of competent jurisdiction located in Toronto, Ontario, and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts.
Electronic Communications. You consent to receive electronic communications from us either in the form of email, push notifications or other forms of electronic messages sent to you at the addresses listed on your User Account or by communications posted on or notifications through the Service (collectively, “Electronic Communications”). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing. You may opt-out of receiving any such Electronic Communications by emailing us at: email@example.com.
Last Updated: November 12, 2021.