POLICIES

PRIVACY POLICY

Terms & Conditions

Please read these terms of service carefully before using LIVINLUX.

Last updated on August 31, 2023

Welcome to LIVINLUX website: livinlux.ca (the "Site"). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement").

Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.

Services

This Agreement applies to all services on LIVINLUX, including the the website located at https://livinlux.ca (this will be collectively known as “Service(s)”. The service also provides an online social platform where Users can list their items for potential rental, consignment or buyout interest. You are solely responsible for your use of the service, and any use of the service made using your account. The personal information you provide to us is governed by the Privacy Policy. The risks associated when you assume when dealing with others on the platform, website, app are borne by you alone not LIVINLUX Inc. You are entirely responsible for the decision to use, transact, communicate on the service, and will be liable for your actions on the service. LIVINLUX reserves the right to refuse or terminate service at its sole discretion.

Registration

You may establish an account on LIVINLUX.ca. At a minimum, registration requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in LIVINLUX’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

You shall not use your LIVINLUX account for any purpose competitive to LIVINLUX. You will notify LIVINLUX immediately by emailing customercare@livinlux.ca of any unauthorized use of your account or LIVINLUX.ca, whether by you or a third party.

You may cancel your LIVINLUX account at any time by contacting LIVINLUX customer support as specified on the “Contact Us” page on LIVINLUX. LIVINLUX may terminate your account and refuse any and all current or future use of any LIVINLUX Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that LIVINLUX determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if LIVINLUX determines, in its sole discretion, that you are using your LIVINLUX account in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as LIVINLUX deems appropriate in its sole discretion.

Third Party Services

LIVINLUX may provide your content or to you certain third party services or third party service providers (collectively referred to as “Third Party Service(s)”) which may provide you email, phone correspondence, links to sites and offers outside of the LIVINLUX network, and is provided “As Is” without indemnification, support, or warranty of any kind, and this Agreement does not apply to your actual use of any service provided by Third Party Services, and you are entirely responsible for whether you want to access or use Third Party Services available outside of the LIVINLUX network, or choose not to use Third Party Services at any time. LIVINLUX reserves the right to suspend Third Party Services at its sole discretion. You are responsible for reviewing applicable terms and privacy policies/policies of a Third Party Service before using or sharing information with it, you may give the operator permission to use your information outside of what you agreed to within this Agreement. LIVINLUX is not responsible for any features, content, ads, products, materials available from Third Party Services. LIVINLUX does not endorse any features, content, ads, products, materials from Third Party Services. LIVINLUXis not liable in any way or form for (1) content on the Service posted by third parties, other users, or at the direction of other users, (2) any items on the Service posted by third parties, other users, or at the direction of other users, (3) any omissions, losses, damages, errors that are a result of third parties on the Service. You solely acknowledge that LIVINLUX has no obligation to review, screen, inspect any third party services and third party materials on the Service, and LIVINLUX reserves the right to remove Third Party Service Materials at our sole discretion. You agree to bear all risks associated with use, condition, accuracy, completeness, usefulness, reliability of any Third Party Services and Third Party Materials.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Our transaction partner Stripe is a third party payment service utilized by LIVINLUX to securely process payments for rentals. Payment form will be securely sent to customers who first place their order through our storefront which will secure the product to the given customer for 24 hours. A follow up email will be sent to said customer for the product place with the stripe link to complete the payment and finalize the order. Once both the order is placed, and payment has been submitted, the order will be placed and a shipping label will be created. LIVINLUX reserves the right to charge your credit card through Stripe if the care is not met or the bag is not returned as it was sent. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Your Responsibilities

You are entirely responsible for all information and content; descriptions, pictures, listings, data, text, videos, media, comments, suggestions, any materials (hereby known as “Content”) that you upload, post, publish, display via the Service on websites or apps of LIVINLUX Inc. LIVINLUX may investigate, take legal action, and/or perform any other action it deems necessary or warranted in managing the Service, your content, posting, use, without limitation, including the preservation of information for investigative purposes if content, posts, or usage is deemed illegal or prohibited by LIVINLUX. 

You agree to not use the service to (1) provide any content, media in any form that is violent, illegal, unlawful, harmful, infringing on third party rights, pornographic, lebelous, invasive, gambling, money laundering, encouraging money laundering, and any other unlawful and/or unwarranted behavior, (2) violate any regulation, rule, law, including any data privacy, any-spam, and other restrictions that may be applicable to your use of the Service, (3) reviser engineer any part of the Service, (4) create any derivative works of the Service (5) stalk, harassh, bully, solicit, impersonate any information from anyone, (6) promote any illegal activity or enterprise, (7) sell or transmit anything you do not have the right to sell or transmit under law, (8) copy, harvest, use or scrape automated systems to collect data and contact information from the Service for use outside of those intended in this Agreement and Terms of Service, (9) infringe on any or anyone’s intellectual property, (10) spam any users of the Service with junk email, fraud, schemes, or the like of, (11) pose a privacy risk or security risk, (12) upload or transmit any virus, worms, or interfere with any of the operations of the Service, (13) take any action or inaction which LIVINLUX at its sole discretion believes is questionable and can cause harm or liability. 

Your Content

As users of our Services, all information, including, messages, items, uploads, content, photos/images, video, copy, any form of media, etc., you post, transmit, or submit through our Services (“Content”) is intended to be shared with other Users. By submitting any Content to us, you hereby represent and warrant that You entirely own all rights to the Content or, alternatively, that You have the right to give us the license described below, including the correct and legal permissions and consents need for any personally identifiable information you may provide to, or upload by way of, the LIVINLUXService(s). By posting or transmitting any Content, User Content, you hereby grant LIVINLUX and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, use, transmit, perform, distribute, store, modify, make derivative works of and other mediate usage in any manner of your User Content/Content in connection with the operation of the Service of any other services and/or products of LIVINLUX Inc., or the promotion, advertising or marketing thereof, in any form, technology, area, medium, known currently or developed later on (including without limitation publishing your User Content/Content on the internet, third party services, social networks: Facebook, Twitter, SnapChat, Instagram, TikTok, Pinterest, etc., blogs, allowing other users to share your User Content/Content if included. You further represent and warrant that the User Content/Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We are not responsible, nor liable for any, nor under any obligation to review any User Content/Content posted by our Users or our Services. We reserve the right to do so with or without notice, to rectify and/or prevent any alleged violations to us by the Communications Decency Act and any applicable laws, rules and/or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the User Content/Content at any time. You understand and acknowledge that LIVINLUX Inc. is not responsible for intellectual property rights, safety, accuracy, usefulness of or relating to User Content/Content, and that such User Content/Content is not the responsibility of LIVINLUX. You further acknowledge and understand that You maybe be exposed to content that is offensive, inaccurate, indecent, objectionable, and you hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LIVINLUX and LIVINLUX Parties with respect thereto. Any and all User Content/Content you upload is not considered confidential by LIVINLUX, and it will be treated as public information, and you agree, acknowledge and understand it is intended to be shared with other users of our Services as well as third parties, all at LIVINLUX’s discretion, and LIVINLUX has no liability or control over what others do with your User Content/Content. You acknowledge, understand and agree that LIVINLUX will not be liable for any treatment of your Content as confidential and waive all rights with respect to any such claims of confidentiality. You acknowledge, understand and agree that any questions, comments, ideas, feedback, suggestions and/or other information about the Site or the Service, provided by you to LIVINLUX are non-confidential and LIVINLUX is entitled to the unrestricted use and dissemination of these information, content, submissions, etc. for any purpose, commercial and/or otherwise, without acknowledgement or compensation to you whatsoever. If you do not agree that your User Content/Content will be considered public and will not be considered confidential, you will not use the Service. 

Site Content

LIVINLUX and other marks, graphics, typefaces, trade names and logos appearing on the Site are trademarks or trade dress of LIVINLUX. All other trademarks appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. Patents used in connection with the Site are the property of their respective owners, which may include us. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Content"). This Site is protected by copyright as a collective work, pursuant to Canada copyright laws, international conventions, and other copyright laws. LIVINLUX and third party content providers also own copyrights in the content original to it.

The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site.

Unless otherwise specified, the Site and the Content are intended to promote LIVINLUX's products and services available in Canada. The Site is controlled and operated by LIVINLUX. 


Intellectual Property Rights

You acknowledge and agree that the Service contains descriptions, media, graphics, typefaces, logos, marks images that are third party content (“service content”) that is protected by copyright, patent, trademark, trade secret or other intellectual property or other proprietary rights and laws. LIVINLUX contains all rights to Our intellectual property. You agree you will not copy, modify, scrape, distribute, create derivative works, or the like of, or perform any other action with the Service Content not authorized by LIVINLUX explicitly or authorized by the Agreement. Any use of the service of the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not granted herein are reserved by LIVINLUX. Other company service, logo, names, product, etc. that are displayed or used via the Service may/are trademarks or service marks of their respective owners who may or may not endorse or be affiliated or associated with LIVINLUX.

Restocking Fee

Any order canceled or changed by the customer regardless of how the order was made will be subject to a 3% restocking fee. 

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

User Comments, Feedback, and Other Submissions

LIVINLUX is pleased to hear from users and welcomes your comments regarding our products and services. LIVINLUX’s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by LIVINLUX's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that LIVINLUX may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to LIVINLUX. LIVINLUX is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. LIVINLUX has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead LIVINLUX or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. LIVINLUX takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Sites

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Infringement Policy

LIVINLUX respects the intellectual property of others and ask that our Users respect the intellectual property of others. Although LIVINLUX is under no obligation to do so, it will make efforts to investigate notices of alleged infringement or violation of intellectual property rights and laws and take actions regarding such infringement where appropriate and applicable. If you believe that your work has been copied in any way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a "Notice"):

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

If you believe your work is removed due to infringement of copyright, and You believe it is not infringing, please provide our Copyright Agent with:

  • Confirmation you are the owner, or authorized to represent the owner of the intellectual property
  • Identification of the removed content
  • Description of the removed content
  • Statement of good faith regarding ownership of the intellectual property
  • Your contact information and a statement to accept service of process regarding the alleged infringement

LIVINLUX will work to resolve counter-notices in 14 to 20 business days.

Product Information

The prices displayed on the Site are quoted in Canadian Dollars, unless otherwise indicated.

Our products are available exclusively online through the Site. These products may have limited quantities and are not subject to return or exchange. If you have a product with us that we no longer accept, LIVINLUX releases all liability for this item. When notified of changes to our acceptance policy it is up to the consignor to retrieve the item. 

Purchase Transactions

  1. No Warranty, Risks. You assume certain risks in using a Service like LIVINLUX. LIVINLUX is not involved with, nor provides any warranty for, any transaction between Users. You as a buyer, seller, or lender assume, agree, and understand you bear all the risks of selling, purchasing, lending of items on the Service.
  2. Fees. You acknowledge that LIVINLUX charges certain fees for various transactions through Your use of the Service. All amounts are quoted in Canadian Dollars unless otherwise stated.
  3. Prohibited Items. LIVINLUX prohibits listing or any sale of any item that is illegal to sell under any applicable law, statute, ordinance, regulation, including, without limitation. LIVINLUX prohibits the sale or listing of counterfeit items. Refer to our authentication policies. 
  4. Sellers/Lenders. You agree that you have all the rights necessary to sell the items you make available on site by LIVINLUX, including LIVINLUX App Explore Page, and will describe to LIVINLUX the accuracy truthfully and completely. 
  5. Buyers. You are solely responsible for reading and reviewing the item listing before purchasing or renting. 
  6. Purchases. Upon purchasing an item, a Buyer or Renter is obligated to remit payment for the Item to LIVINLUX including any shipping or additional handling and fees required.
  7. Shipping. Our shipping rates depend on the weight of the item and the location of the buyer. We ship using different shipping couriers to best support our customers across Canada. All packages are card for pickup with signature required. LIVINLUX is happy to make accommodations to ship via courier with a higher shipping cost but note that LIVINLUX waives liability on lost and stolen packages if packages are not shipped via card for pickup at the post office if requested by the customer. For high value orders within Canada, LIVINLUX will have a small collect on delivery charge which will be reimbursed once picked up, this is to ensure that your package is delivered to you safely. Shipping within Canada is 2 – 5 Business days. Delays are expected due to weather and/or the Covid-19 Pandemic and are out of our control. All duties and taxes that occur upon arrival are all at the expenses of the buyer. Delays can be expected due to weather, custom clearances and/or the Covid-19 Pandemic and are out of our control. Shipping outside of Canada is 3 – 10 Business days. All duties and taxes that occur upon arrival are all at the expenses of the buyer. Delays can be expected due to weather, custom clearances and/or the Covid-19 Pandemic and are out of our control.
  8. Taxes. LIVINLUX has a flat rate of 5% fee for taxes, however, purchased items may be subject to applicable taxes in your jurisdiction. Taxes may be estimated based on items, but are subject to change. Taxes are based on several factors, including: price, location, federal, state, local taxes, and/or other applicable rates at time of purchase. You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where LIVINLUX does not collect taxes on your behalf. 
  9. Payments. Buyers and/or Lenders must pay for items using the payment methods provided by LIVINLUX. LIVINLUX will receive payment from Buyers and/or Lenders. By submitting payment information to LIVINLUX you authorize LIVINLUX to store that information and with your confirmation, charge You for any items purchased. 
  10. Fee Modifications. We may change or discontinue, temporarily or permanently, some of all fees for the service at any time, and such changes will be effective on our fee policies and revisions.
  11. Returns. Returns can be requested and are given on a case by case basis through upper management. 

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.


Links to Other Web Sites and Services

The Site may contain links to other Web sites that are not under the control of LIVINLUX. LIVINLUX has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.

Disclaimer

The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. LIVINLUX expressly disclaims any duty to update or revise the materials on the Site, although LIVINLUX may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. LIVINLUX shall not be liable for any damages of any kind related to your use of the Site. 

To the maximum extent permitted by law, LIVINLUX  makes NO warranty that (i) you will be able to purchase any items through the service or that the service will otherwise meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of the goods, services, information, or other materials or products purchased or obtained by you through the Service will meet your expectations. 

LIVINLUX makes no guarantee regarding the quality, safety, or legality of the items being offered or sold or rented, nor the truth or accuracy of any of the listings, or ability of buyers, lenders to transact any business on the platform.

Limitations of Liability

LIVINLUX  is not liable for (1) any Content posted on our Services; (2) purchases, sales, or other obligations that arise between Users; (3) any damages that result through Your use of our Services; (4) any negative or critical comments that may be posted through the Services in any way; (5) any of the Third Party Service(s) you may be provided pursuant to Your use of the Services; (6) any third party personally identifiable information you upload or provide to LIVINLUX  pursuant to the Services; (7) Any cost of goods or services. 

You are solely responsible for your interactions and transactions. You agree LIVINLUX will have no liability or responsibility with respect to interactions, purchases, sales, rentals and so on. LIVINLUX  reserves the right but not obligated to become involved in any dispute between you and other parties. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LIVINLUX  BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT LIVINLUX  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, OR ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (I) THE USE OR INABILITY TO USE THE SERVICES; (II) STATEMENTS OR CONDUCT OF ANY THIRD PARTY/THIRD PARTY SERVICES ON THE SERVICE; (III) ANY OTHER MATTER THAT IS RELATED TO THE SERVICE. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO GIVEN CIRCUMSTANCE WILL LIVINLUX  BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF $1000 USD.

THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. Our service providers will have no liability of any kind under this Agreement more than twelve (12) months after the cause of action arises.

Indemnification

You agree to release, defend, indemnify and hold LIVINLUX  and any of its affiliates and employees (Collectively known as “indemnities”) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement, your use (or misuse) of our Services. If you are a resident of another jurisdiction, you waive any comparable stature or doctrine. 

Mobile Services

When accessing the Service through mobile devices, you may incur fees for data usage or associated costs from your wireless provider. You agree that you are solely responsible for use of the Service on your mobile device and adhere to your wireless provider’s given terms and conditions.

Apple-Enabled and Google-Enabled Software

LIVINLUX offers Software that are intended to be operated in connection and made commercially available by Apple Inc. and Google LLC., with respect to the software that is available for your use and in connection with Apple-branded and Google-branded products and services, in addition to the terms and conditions set forth in these Terms and Conditions, the following terms and conditions will now apply:

  1. LIVINLUX and you will acknowledge that these Terms are concluded between LIVINLUX  and you, not with Apple nor Google, and that LIVINLUX is solely responsible for the Apple-Enabled and/or Google-Enabled software and the content.
  2. You may not use Apple-Enabled Software or Google-Enabled in any manner that is in violation of the usage rules set forth by Apple or Google or be in conflict with the App Store or Google Play Store Terms and Conditions.
  3. Your license to use the Apple-Enabled Software or Google-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software or Google Enabled Software on iPhone OS and/or Android that you own and control, as permitted by the Usage set forth in the App Store and Google Play Store Terms.
  4. Apple has no obligation to provide any maintenance or support.
  5. Google has no obligation to provide any maintenance or support.
  6. Apple and Google are not responsible for any product warranties, whether implied or expressed by law. Apple and Google will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software and Google-Enabled Software to you, if any other losses, liabilities, claims, costs, damages, or expenses attributable to any failure to conform to any warranty. 
  7. LIVINLUX  and you acknowledge that LIVINLUX, not Apple is responsible for addressing claims related to the Apple-Enabled and Google-Enabled Software, but not limited to: (i) product liability claims; (ii) any software fail claims that software doesn’t conform to legal or regulatory requirements; (iii) claims arising under consumer protection or similar legislation. 

You acknowledge and agree that Apple and its affiliates, Google and its affiliates, subsidiaries, are third party beneficiaries or these Terms in respect to the Apple-Enabled and Google-Enabled Software, and that, upon your acceptance of the terms and conditions and Agreements, Apple and Google have the right to enforce these terms and conditions against you with the respect of Apple-Enabled and Google-Enabled Software as a third party beneficiary thereof.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and LIVINLUX agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to LIVINLUX.ca (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and LIVINLUX  agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.  The company will seek injunctive or equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Any claims brought by you must be brought in an individual capacity, not as a class member in any representative proceeding. An arbitrator may not consolidate individuals’ claims. All aspects of proceeding, ruling, decision or award will be considered confidential between the parties. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Canada law. This Arbitration agreement doesn’t preclude you from bringing issues to the attention of federal, state, provincial or local agencies, if the law allows. 

Mediation

Any unresolved dispute shall be settled by binding and confidential mediation as permitted by law.

Governing Law

Each party will comply with the laws, rules, and regulations applicable to this Agreement. This agreement shall be governed by Canada without giving effect to its principles regarding conflicts of law. All disputes will be resolved exclusively in state or federal court in Canada. You acknowledge the Services are of United States and Canada origin and agree to comply with all laws and regulations of both.

Modifications

THIS AGREEMENT AND SERVICES DESCRIBED WITHIN ARE SUBJECT TO CHANGE BY LIVINLUX  AT ITS SOLE DISCRETION AT ANY POINT IN TIME. LIVINLUX can modify or discontinue services without notice. LIVINLUX is not liable to You or any third party for such discontinuation or modification. If we make any material changes you will be notified if you have signed up for registered use of the Service. Your continued use of the Service after any date changes are made constitutes your acceptance of the new Terms. If you do not agree to abide by these Terms or any new Terms set forth, do not use or access (or continue) the Service.

Termination

These terms are effective unless and until terminated by either you or LIVINLUX. You may terminate this Agreement at any time. LIVINLUX also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Export Controls and Laws 

All software, Software Applications, and Services are subject to export control laws in your applicable jurisdiction. You agree that you are not and solely responsible for any violation of export control laws. Downloading and use of the software, including location where you use the services is your sole responsibility and at your own risk.

Electronic Communications

When you use the Service or communicate by email to us, you agree to communicate with us electronically. This Agreement and any other documents herein will be considered “in writing” to comply with applicable legal requirements, and are legally now enforceable between parties and admissible in legal proceedings.

Location Specific Provisions

  1. Users in Canada. Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence in respect to users in Canada: 
  2. Arbitration. The Arbitration Act, RSBC 1996, c. 55 (“Act”) governs the interpretation and enforcement of Arbitration Agreement and any reference to the American Arbitration Association (“AAA”) is deemed replaced by the British Columbia International Commercial Arbitration Center (“BCICAC”). If there are any inconsistencies between the Arbitration Agreement and the Act, the Arbitration Agreement must prevail.
  3. Governing Law. These terms and conditions shall be governed by the law of the Province of British Columbia without regard to its conflict of law provisions. You agree to the personal and exclusive jurisdiction of and venue in the provincial courts of Vancouver, BC and waive any objection to such jurisdiction or venue.
  4. Language Of Terms. These terms are in the English language. Parties waive any right to use or rely upon any other language and/or translation.