PURCHASE TERMS AND CONDITIONS
3293530 Nova Scotia Company (hereinafter “Veri”), with a place of business at 406 Notre Dame East, Montreal, Quebec, H2Y 1C8, makes available an online platform or marketplace with related technology for Fans and Influencers to meet online and arrange for bookings of Appearances directly with each other (the “Service“).
For the purposes of these purchase terms and conditions (the “Purchase Terms”):
- all capitalized terms used herein and not otherwise defined herein have the meanings ascribed to such terms in the Terms of Service available here (the “Terms of Service”);
- “include” and “including” means “including without limitation” and is not to be construed to limit any general statement which it follows to the specific or similar items or matters immediately following it;
- “we”, “us” or “our” means Veri;
- “you” or “your” means any legal person, including its employees and authorized representatives, using or accessing the Application or the Service.
- By completing a booking request for an Appearance (a “Booking Order”) or otherwise accessing or using the Site, Application or Collective Content you represent and warrant that you are either eighteen (18) years of age or older, or are an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into, and abide by, the terms, conditions, obligations, affirmations, representations and warranties set forth in these Purchase Terms.
- BOOKING ORDER
- Before accepting or processing a Booking Order, Veri may also require additional information. As soon as we receive your Booking Order, we will send you a confirmation e-mail summarizing the terms of the contract.
- When completing a Booking Order, you must choose a date and time for the Appearance from the Influencer’s availabilities listed on his profile page.
- You acknowledge and agree that upon completing a Booking Order, the account associated with your Apple ID (your “Account”) will be debited, using the Apple Inc. (“Apple”) In-app purchase API (“IAP”), for the entire amount of the Appearance Fee
- Veri reserves the right, at any time after receipt of your Booking Order, to accept or decline your Booking Order for any serious reason.
- Any Appearance not attended by you at the scheduled time and date will become null and void.
- TERMS OF PAYMENT
- You authorize Veri (or Apple) to debit your Account, via IAP, for the entire amount of the Appearance Fees immediately upon completion of your Booking Order.
- PLACE OF PERFORMANCE AND APPLICATION
- Each Appearance takes place on the Application.
- To use or access the Application and Service, you need an iOS mobile device, compatible software and Internet access (fees may apply). Be sure to respect these prerequisites before completing a Booking Order on the Application.
- CANCELLATION POLICY, ABSENCE, DELAY OR RESCHEDULING
- Please advise us at least twenty-four (24) hours in advance of the scheduled Appearance if you wish to cancel or reschedule a Booking Order (the “Notice Period”), by either selecting the “cancel meeting” link located in your account inbox on the Application or by sending us an e-mail at the following address: email@example.com.
- If you are absent from your scheduled Appearance following the acceptance of a Booking Order, the Appearance will be held without you. If you are late to your Appearance, the Appearance will begin at the time of your arrival but will end at the time originally scheduled.
- If you cancel an accepted Booking Order at any time prior to the expiration of the Notice Period and you do not wish to reschedule the Appearance or Veri is unable to reschedule the Appearance within a commercially reasonable time, you may notify Apple at http://reportaproblem.apple.com/, and Apple may refund payments made in connection with such Booking Order (if applicable). If you cancel a Booking Order any time after the expiration of the Notice Period, you will not be entitled to a refund of the Appearance Fees paid.
- If (a) an Influencer (i) does not accept a booking request, (ii) cancels an accepted Booking Order, or (iii) does not attend an Appearance after having accepted a Booking Order and, in all of the aforementioned cases, you do not wish to reschedule the Appearance or Veri is unable to reschedule the Appearance within a commercially reasonable time, or (b) Veri cancels an accepted Booking Order for any reason, including, your refusal to accept any amendment to the Terms of Service communicated to you, you may request a refund from Apple at http://reportaproblem.apple.com/ in the total amount of the Appearance Fees paid.
- YOUR ACCOUNT
- By using or accessing the Service and/or Application, you are responsible for maintaining the confidentiality of your account and password, and limiting access to your mobile device, and you agree to assume responsibility for all transactions in your account using your password. Veri reserves the right to refuse to serve a customer or to close an account for any serious reason.
- ELECTRONIC COMMUNICATIONS
- When you send us e-mails, you communicate electronically with us. You therefore agree to receive electronic communications from us.
- LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL VERI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF SERVICE, THESE PURCHASE TERMS AND YOUR ACCESS OR USE OF THE APPLICATION AND SERVICE INCLUDING, BUT NOT LIMITED TO, FROM YOUR BOOKING OF ANY APPEARANCE OR ANY OTHER INTERACTION WITH OTHER MEMBERS VIA THE APPLICATION, OR FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION OR SERVICE, EXCEED THE AMOUNT YOU HAVE PAID OR OWE FOR BOOKINGS OF APPEARANCES VIA THE APPLICATION IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VERI AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTIONS.
- You are responsible for determining the suitability of the Application and Service for their intended use and you shall not rely upon any oral or written representations made by or on behalf of us in that respect.
- APPLICABLE LAW AND DISPUTE RESOLUTION
- These Purchase Terms shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in the district of Montreal, Province of Quebec and irrevocably agree that all disputes shall be heard in such courts. You agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
- GENERAL INFORMATION
- These Purchase Terms govern the submission and completion of a Booking Order. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
- If any provision of the Purchase Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intention as reflected in the provision and the other provisions of the Purchase Terms remain in full force and effect.
- No waiver of any provision of these Purchase Terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Purchase Terms or any use or access of the Application and/or Service.
- You may not assign any right, interest, or benefit provided under these Purchase Terms without our express prior written consent.
- CONTACTING US
For all questions or claims, you can contact our customer service department at:
March 22, 2017