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TERMS AND CONDITIONS _ Prima Program _ MONTHLY SUBSCRIPTION

In order to facilitate reading, the following terms will be used:

  • Prima Danse is designated as the MERCHANT
  • The member who has a monthly subscription is designated as the CONSUMER

 

  1. TERMS AND CONDITIONS 

a) Services. By subscribing to become a member of the Prima Program, the CONSUMER automatically has access to the content of the chosen package and theme. The subscription offers a wide range of activities and educational tools that will support the CONSUMER throughout the intervention program.
Membership as a member gives access to the chosen package(s) as well as a 30% to 55% discount on all the Prima Danse social intervention workshops that the CONSUMER would like to receive in his organization. These activities will be led by professional intervenants from the MERCHANT team. Discounts on dance performances may also be available.

b) Accessibility. The CONSUMER agrees that on occasion the service may be inaccessible or unusable for any reason (including, but not limited to, equipment failures, periodic maintenance or repair activities that the MERCHANT may undertake from time to time, and including events beyond the MERCHANT’s control or which cannot be reasonably foreseeable). The responsibility of the MERCHANT towards the user can in no case be retained if the service is inaccessible or unusable for any reason whatsoever.

 

  1. RIGHT OF USE

a) Use of Services. The MERCHANT grants the CONSUMER a non-exclusive and non-transferable right of access without the possibility of granting a sub-license to access and use the services. The right of access is reserved for the internal operations of the CONSUMER.

b) Authorisation. At its sole discretion, the MERCHANT reserves the right to cease authorizing access to services to individuals who are not CONSUMERS.

c) Limitation of user rights. The right of each CONSUMER to use the services is personal to that CONSUMER and his employees and other staff who use the services only on behalf of the CONSUMER’s organization. Use of the services provided under one (1) subscription is limited to one organization or one person.

Neither the CONSUMER nor any other user may resell, rent or share the time of access to the services or use of the services or any other element offered on the MERCHANT’s website unless otherwise agreed in writing by the MERCHANT.

d) Access and use restrictions. The CONSUMER will not access or attempt to access the services by means other than those made available by the MERCHANT and will not attempt to bypass or deactivate the access or use restrictions put in place by the MERCHANT. The CONSUMER will use the services only for the purposes and in the manner permitted by applicable laws, policies and regulations.

 

  1. SERVICE COSTS

a) Costs.

(i) Package $ 500: 2 workshops of 10 capsules of approximately 15 minutes each, documentation, exercises to do and much more.

(ii) Package $ 300: 1 workshop of 5 capsules of approximately 15 minutes each, documentation, exercises to do and much more.

b) Payment. The CONSUMER will pay the MERCHANT the subscription fees and any other charges applicable to the services (the “fees“). The Fees will be due and payable at the time indicated by the MERCHANT. The MERCHANT reserves the right to modify the Fees at any time after sending a notice to the CONSUMER.

In the event that an amount due and payable remains unpaid by the CONSUMER, the MERCHANT may immediately suspend or terminate the CONSUMER’s subscription and access to the services.

The CONSUMER will be responsible for full payment, including all sales taxes and other taxes, duties and levies of any kind imposed immediately or subsequently by any government entity.

 

  1. TERMS AND DURATION OF THE CONTRACT

a) Duration. Payment for the package chosen in the Prima Program is made in one (1) single payment and gives access to the package for a period of thirty (30) days.

b) Access. Access to the consumer subscription can be used throughout the internal organization. In addition to what is provided for in article 2 hereof, no transfer between organizations will be tolerated, under penalty of losing access to the program.

c) CONSUMER at any time, for any reason whatsoever.

The termination hereof does not release any of the parties from their obligations to comply with the conditions of this contract relating to the performance of their obligations before or after the end of the services, including the obligation of the CONSUMER to pay for access to services for the periods preceding the end date

 

  1. CONTENT AND DATA

a) Liability for the content resulting from the use of the services. The CONSUMER acknowledges and accepts that all information communicated by the user in the context of his use of the services is the responsibility of the CONSUMER or of the person from whom the information comes, and that the MERCHANT has no responsibility for such content.

b) Information transmitted. The parties agree that the CONSUMER will be the owner and, within the limits of this article, will have exclusive control of all information transmitted to the services by the CONSUMER (the “Data entered“). The CONSUMER grants the MERCHANT a worldwide, non-exclusive and royalty-free license, for the duration of the subscription, (i) to use and display the data entered only in the context of the services and (ii) to group together the data entered with other data of a similar nature provided by other CONSUMERS for industry-wide reports and analysis.

c) Property rights. The copyright in the content of the services belongs to the MERCHANT. All rights are reserved to the MERCHANT. No part of the services, products and information on the services may be reproduced or transmitted by the CONSUMER, in any format and by any means whatsoever, unless otherwise agreed in writing by the MERCHANT. The MERCHANT owns and retains all rights, titles and interests in his trademarks, copyrights and other intellectual property rights contained in the services.

 

  1. RESPONSIBILITIES

The CONSUMER acknowledges that all the physical activities that he may practice or have participants practice in any of the activities offered by the MERCHANT, the use he makes of any of the exercises or services involves inherent risks and is therefore entirely at his own risk. The CONSUMER, consequently, gives full and final discharge to the MERCHANT and to his representatives, employees, directors, officers, insurers, beneficiaries as well as any other person for whom the MERCHANT is responsible, any request, cause of action, claim, legal recourse, action, dispute and / or lawsuit, of any kind, at law or in equity, present or future, relating directly or indirectly to the use of one of the services provided for in this contract or otherwise to participation in one of the activities offered by the MERCHANT, waiving any such request, cause of action, claim, legal recourse, action, dispute and / or lawsuit, except in cases where the MERCHANT or his representative are personally liable, the burden of which falls on the CONSUMER

 

  1. COMPENSATION

The CONSUMER undertakes to indemnify and hold harmless the MERCHANT and his directors, officers, employees and agents free from any action, cause of action, claim, demand, damages, costs or expenses, debts or obligations (including, but not limited to, legal representation fees and reasonable legal expenses and fees) associated with or linked to any breach by the CONSUMER of this contract or to the use of the services by the CONSUMER. Article 7 above must be applied within the maximum limits authorized by law.

 

  1. CONSUMER PROTECTION ACT

As membership automatically gives access to the various services, the CONSUMER cannot terminate this contract. No refund will be made.

By subscribing to become a member of the Prima Program, the name of the CONSUMER, as well as the texts collected in satisfaction surveys during and after the activities, the texts and videos shared by the CONSUMER may be used by Prima Danse for promotional purposes for its services, at its sole discretion (website, newsletter, Facebook, etc.).

The CONSUMER agrees to periodically receive news and offers from Prima Danse.

 

  1. GENERAL INFORMATION

a) Notice. Under this contract, any notice from either party to the other must be sent by email. The CONSUMER must send all notifications to the MERCHANT at the following address: info@primadanse.com. The MERCHANT must send all notifications to the CONSUMER to the email address provided by the CONSUMER.

b) Applicable law. The services are controlled by the MERCHANT from the MERCHANT’s offices in the judicial district of Montreal, in the province of Quebec, Canada. For this reason, the present contract is governed by the laws of the province of Quebec and by those of Canada which are applicable there, without regard to conflict of laws principles.

c) Divisibility. If, for any reason whatsoever, a competent court declares a provision of this contract unenforceable, said provision will remain in force within the limits permitted by law, so as to maintain the intent of this contract and the other provisions of said contract will remain in force.

d) Execution. This contract is a “Clickwrap Agreement”. This contract will be considered signed and delivered by both parties as soon as the CONSUMER clicks on the Accept button of this contract.