General terms of use​​

Welcome to Favday!

 

Favday's mission is to guide the user to new establishments using their monthly membership and for the establishment to showcase their know-how by offering free exclusive advantages.

The Favday service offers a way for you (hereafter named the "User"), a natural person of legal age, by creating a personal account and subscribing to a membership (hereafter named the "Membership"), to obtain exclusive complimentary experiences (hereafter named the "Experiences"), by the partner establishments (hereafter named the "Partner-Establishment") displayed on the Favday website.

The Experience is agreed between the User and the Partner-Establishment without the involvement of Favday, that is only involved in providing the online linking service (hereafter named the "Service"). The Partner-Establishment is an independant entity over which Favday has no control whatsoever. The Partner-Establishment is only responsible for the complimentary Products and Services as the Experience to the User of the Service.

The current Terms & Conditions (hereafter named the "General Terms of Use") are applicable to the use of our websites and our platforms or mobile apps giving access to our Services, current or future, particularly all mobile sites, affiliated sites or websites (hereafter named the "Site") and services offered by Favday (hereafter named "Us" or Favday").

By accessing and using the Site, and by accessing the Services on the Site, you (the "User") fully accept these General Terms of Use. You therefore commit yourself to permanently respect the current General Terms of Use.​​

​The User confirms that he/she knows and accepts the characteristics and limits of Internet, particularly:

  • All use of the Site and Service is at the User's risk;

  • The User is the sole responsible of the use he makes of the Site;


By subscribing and using an Experience on the Site, you guarantee that:

  • You are legally capable of concluding executable contracts; and

  • You are at least 18 years of age. Alcohol bought by a minor is a violation punishable by law.


You are also responsible for ensuring that all people accessing the Site using your Internet connexion are aware of the General Terms of Use, have approved them, and comply.

The User agrees that all agreements between Favday and the User will be kept for a duration of five (5) years.
Favday reserves the right to modify the General Terms of Use at any moment by changing them on the current page. The User is subject to the enforcement of the General Terms of Use currently on the Site upon monthly payment of the Membership and upon use of an Experience.

1. Contact and client services

Favday
3-301 rue Boucher
Montréal QC H2T 3C7
Canada

Contact : https://www.favday.ca/nous-contacter?lang=en

2. Service registration

When you create an account on the Site, you (the "User) commit to providing information that is real, verified, complete and up-to-date, to create a protected password to maintain your information safe, to use the service for your own personal use, and not for commercial purposes, to possess only one account, not to transfer or sell your account, and to exclusively use the Service from the Site. You are responsible for all activities carried out from your account and all violations of the General Terms of Use, and you have to be ready to assume the potential consequences due to their non-compliance. You accept, if you are aware of an unauthorized use of the Service, to inform Favday immediately.

3. Definition of Service

3.1 Favday is a marketing service allowing Partner-Establishments to propose their free Experiences to Users.
3.2 The Membership allows the User to become a member and to access the Service in order to choose and discover the exclusive Experiences of interest.
3.3 The Membership to the Service is renewed tacitly for an unlimited term at the applicable rate on the Site.
3.4 The Experience is issued to the User by the Partner-Establishment, without the involvement of Favday. The Partner-Establishment is an independant business over which Favday has no control. The Partner-Establishment is the sole responsible on defaulting on the Products or Services described in the Experience.
3.5 In no way does Favday sell alcohol or alcoholic drinks, manufacture, buy, store, produce, package or manage the Experiences. Favday is not responsible for production, purchasing, storing, production, packaging, product quality, information on allergens or Experiences management, law applicable to the Experience, in particular with the above mentioned.

3.6 This Service cannot be combined with any other promotion.
3.7 The description is solely informative. In some cases, the Site may not be up-to-date and the complimentary Experiences by the Partner-Establishment can differ from what is displayed on the Site. In these cases, Favday cannot be held responsible. It is up to the Partner-Establishment to provide the information on the Experiences and to guarantee that they are precise and up-to-date. If the User has any doubts regarding allergens, the content of a plate or a beverage or any other information regarding the Products, the User should contact the Partner-Establishment directly before receiving his or her Experience.

 

4. Receiving an Experience

A list of Partner-Establishments can be found on the site. If the User has authorized the Site to use his or her location data, the site will locate the User and the list of nearby Partner-Establishments will appear on the screen. Once the User is inside the Partner-Establishment, the User can receive his or her Experience by presenting the Favday app on his or her mobile device to the staff.

5. Membership price

Favday proposes a Membership at 9.99$/month. Prices are in dollars and include tax, but additional charges may be collected by your bank or financial institutions. Without notice, for whatever reason, the charging principle of the Membership can be modified. All price modifications will be communicated to the User by Favday using every possible means and take effect at the payment of the next period affected.

 

6. Payment of Membership

The payment of the Membership can be made by credit or debit card accepted by our payment partners on the Site or any other payment method accepted on the Site. Favday works with payment service providers that comply with the security standards of the card payment industry. The payment is made through a secure connexion. Favday does not keep any information related to the means of payment; this information is managed directly by the payment service provider. The payment service provider needs to collect payment information (payment card information) necessary for the suitable implementation of the Membership to be in accordance with the applicable laws (for example, anti-money laundering laws). Without this, the User will not be able to use the Favday Site.
The Membership fee is collected at the beginning of the billing cycle starting on the anniversary date of the Membership.

 

7. Right of Withdrawal

To enjoy the Service as soon as the Membership is confirmed, the User agrees to renounce his or her right of withdrawal for fourteen (14) days following the date of purchase online or remotely as intended in the Code of Consumers. Consequently, all requests of withdrawal, cancellation or refund will be refused by Favday.

 

8. Promotions

All trial offers, all suggested promotions, temporary or not, are affected by the current General Terms of Use and limited to one (1) User and one (1) account (same IP adress and/or same email adress).

9. Membership termination

The User can terminate his or her Membership from his or her account page or on the Site, by clicking this link: https://www.favday.ca/nous-contacter?lang=en
The termination request will be effective at the end of the current billing period as long as it is made at least two (2) days before its term.

10. User reviews

All reviews submitted on Partner-Establishments through the Site after using an Experience must satisfy the following rules:

  • May not include defamatory, obscene or offending material;

  • May not encourage violence or discrimination;

  • May not affect the rights, or the intellectual property, of any natural or legal person;

  • May not promote illegal activities or violate the privacy rights of another;

  • May not breach any law or regulation;

  • May not represent an unauthorized, exagerrated, concealed, false advertisement;

  • May not give the impression that it comes from Favday and its affiliates;

  • May not be used to impersonate the identity of another or misrepresent your affiliation with another.

We reserve the right (but have no obligation to unless required by law) to discreetly remove or modify at any time a notice posted, downloaded or transmitted to the Site if we believe it goes against the provisions mentioned above, as well as remove or modify any reprehensible content that could expose Favday or its affiliates to harm or responsibility of any kind, or for any other reason.
Furthermore the User guarantees Favday from any prejudice resulting from legal actions caused by your reviews.

Notices and other visitor content on the Site aim to inform and should not be considered as advice issued by Favday. The notices reflect the opinions of clients who have ordered from the Site or the opinion of other tiers, and all declarations, advice or notices issued by them only belong to them. We reserve the right to use these reviews free of intellectual property rights. By sending these notices you recognize that you are the owner of all usage rights and authorize Favday to keep them and use them.

11. Exclusion of User

Favday reserves the right to exclude any User who breaches the General Terms of Use.

 

12. Communication by electronic means

Favday authorizes use of the Site and to print elements from the Site for your personal non-commercial use and not to resort to abusive practices on the Site (such as pirating or information retrieval).
Unless otherwise specified, all intellectual property rights concerning the Site structure, the app, the Service, and all elements pertaining to the Site (photos and graphic images) belong to Favday or have been given the right of use.
These works are protected by laws and treaties worldwide and all rights are retained. Any use of parts of the Site, other than in accordance to the General Terms of Use, is forbidden.
Favday is the sole proprietor of the intellectual property rights of the Favday brands and of its logos. The current General Terms of Use do not lead to the transfer of any intellectual property right nor any license for the benefit of the User on either the structure or the content of the Site. The User commits not to use the Site, the app, or the Service in an unfair, parasitic way, nor in such a way as to prejudice Favday's rights. The User forbids himself or herself to modify digital or paper copies of any content.​

 

13. Responsibility of Favday

  • The Site and app are accessible 24h/24h, 7/7 except in the case of a force majeure or an event beyond the control of Favday or if subject to eventual outages and maintenance tasks necessary to the proper functioning of the Site and Service, that can occur without Users being notified in advance, and without them demanding compensation as such.

  • The Site can contain links to third-party websites. If you access them, you are leaving our Site. We have not reviewed and do not control sites pertaining to other tiers and cannot be held responsible for their content or their availability.

  • Favday makes every effort to ensure the information contained on the Site is correct, but cannot guarantee its accuracy or comprehensiveness. This way, we reserve the right to modify the content of the Site, Service and Experiences, at any moment.

  • Favday cannot be held responsible for any breach or delay in the implementation of one of its obligations related to the General Terms of Use caused by a case of force majeure as described by French court jurisprudence. Favday makes every effort to maintain its Service.

14. Communication par voie électronique

The User accepts without restriction that all exchanges, contracts, information notices, invoices, by electronic means represent written means of communication. The "OK" button tied to double-clicking, authentification and non-repudiation constitute a valid electronic signature.

 

15. Client services

Our client services can be contacted using the following link: https://www.favday.ca/nous-contacter?lang=en or by mail to our postal address.

 

15. Applicable laws and competent jurisdiction

  • All disputes arising from present or future consent between parties or beneficiaries, must be, if not stated otherwise in the present convention, referred to arbitration, and must not be brought before any court, under the articles stated in the Code of Civil Procedure in effect during the signature of the agreement and to which the parties must adhere.

  • If the parties cannot agree on choosing an arbitrator, the disputed issue will be submitted to an arbitration committee appointed following these guidelines:

  • Each party in the dispute name an arbitrator, who in turn, if they are an even number, choose another to act as the committee chairman.

  • The decision is by majority, final, without appeal and ties all parties.

  • The arbitration committee is composed of a maximum of three (3) arbitrators.

  • The nomination of the arbitrators must be made within a maximum of fifteen (15) days after the beginning of the dispute or the decision of the mediator not to resolve it.

  • Remuneration of the arbitration committee will be absorbed proportionally

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