Usage Policy

Last modified on June 9th, 2024

1. Introduction and definitions

Welcome to Les vraies aubaines (“LVA”)! We hope you will enjoy and appreciate using our “Services”, which include (i) visiting our website at https://www.lva.app/, including all subdomains, present and future (the “Website”); and (ii) using our “Platform” available at https://www.lva.app/ to access LVA’s application for grocery shopping planner.

By visiting the Website, or using the Platform or Services in any way, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Services. The TOU are a legal and binding agreement between you and us.

If you are using the Services and accepting or agreeing to these TOU on behalf of a company, association or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these TOU and, in such event, "you" and "your" will refer and apply to that Legal Entity.

The Website and Services are owned and operated by 9386-4742 Québec inc., a Canadian corporation located in Boucherville, Canada. Where the present TOU refer to “LVA” they may refer to 9386-4742 Québec inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to LVA and / or its Representatives.

In these TOU, a Website visitor, Platform user or Services user may be referred to as “you” or “your”. When a Website visitor or Platform user has created an account in order to be able to use the Services, he or she may be referred to as a “User”.

LVA reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with LVA, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Website when you use the Services for the first time following those changes.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy. Both the TOU and the Privacy Policy govern your use of the Services.

2. Contacting Us

If you have any questions about the TOU or the Services, please contact info@lva.app

3. General Code of Conduct for Use of the Services

In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Services in any way, you agree to:

Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted on or in the Services by LVA;
Not use the Services in any manner that violates any intellectual property rights of LVA or any third party;
Not use the Services in any manner to propagate spam, including, but not limited to, unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to LVA or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of LVA, other Services users or any other third party;
Not: (1) take any action that imposes or may impose (as determined by LVA in its sole discretion) an unreasonable or disproportionately large load on LVA’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures LVA may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner;
Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services;
Not use the Services to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy;
Not use the Services to advertise or promote products or services that are not expressly approved in advance in writing by LVA, or as permitted by these TOU;
Not interfere with any third party’s use or enjoyment of the Services;
Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
Not attempt to do any of the foregoing prohibitions;
Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

4. Accounts and Passwords – General Information

In order to be able to use the Services, you will be required to create an account. Accounts are available to any individual who signs up for an account on the Website. Accounts may be approved or rejected by LVA, which shall be at our sole discretion.

The only information required to create an account is your name, email address and postal code. This information may be referred to in the present TOU or the Privacy Policy as “Account Information”. By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.

As part of the User account registration, you will be asked to create a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account, whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account. You will be able to change your password at any time.

You can also log in to the Services from your valid Facebook account. By selecting this option on the account page, you will be redirected to Facebook log-in page, as applicable. For more information, see the section on General External Links and Services below.

It is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. LVA and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.

LVA reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.

5. How to Use and Access the Services

Generally

Once you create an account, you will be prompted to provide grocery chains and foods category preference. The provision of any such information is at your entire discretion. When logged into your account, you will be able to explore weekly bargains, add items to your favorites and build your grocery shopping list.

LVA Content

We make no representations, warranties or guarantees, whether express or implied, that the content created or made available by us on the Services (the “LVA Content”) is accurate, complete or up-to-date and we accept no responsibility for any reliance you may place on the LVA Content.

Technical Support

Technical support is made available by LVA to all Users on a commercially reasonable basis, which services may be available to Users via email at info@lva.app

6. User Content Policy and Related Copyright and Intellectual Property Rights

You may use the Services to create, submit, communicate, and / or upload certain content including, but not limited to, (i) shopping list; (ii) reviews and ratings. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content through and to the Services, you agree to be bound by the LVA policy for User Content as described in this section (the “User Content Policy”).

When you submit User Content, you acknowledge and agree to the following:

User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any written text, photographs, or audio or video clips submitted are your own original works or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize LVA to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOU;
You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to LVA, you hereby grant LVA a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Services and / or LVA’s (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that LVA may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
You also hereby waive any moral rights you may have in your User Content and grant other Users a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these TOU;
The licenses granted by you in the previous two paragraphs with respect to the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media, as applicable;
You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortious. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, transphobic or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitation, mass mailing, chain mailing or any other form of spam;
You will not misrepresent your affiliation with another person, or impersonate another person or legal entity, or give the impression or insinuation your User Content originates from LVA;
You will not include in User Content links to any third-party website that is a spam or phishing website or to any website that may violate any applicable law.

Where you are accessing or downloading User Content of another User on the Platform, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and LVA disclaims any responsibility in this regard.

If you believe that another User has posted User Content that violates this User Content Policy, please contact us at info@lva.app so that we may conduct an inquiry. LVA retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

User Content is not edited, curated, or otherwise modified or checked by LVA prior to posting. However, LVA reserves the right, in its sole discretion, to remove or modify immediately and without notice any User Content that violates the User Content Policy.

Please note that the User Content posted on the Services does not constitute advice or endorsement from LVA and any User Content is intended for informational purposes only. User Content is created by Users and reflects their views and experiences with using the Services. Any statements, advice, opinions or tips included in User Content are those of the Users only.

LVA and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, LVA assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be encountered within any User Content.

7. Proprietary Rights

Intellectual Property Rights

You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) LVA, its Representatives and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented or accessed through the Services, including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to LVA and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.

You agree that you will not, and will not allow any third party, to: (i) copy, sell, resell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; (iii) “frame” or “mirror” the Services or the content of the Services on any other server or internet-enabled device; or (iv) remove, obscure, or alter LVA’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

The content, arrangement and layout of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to LVA, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of LVA, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and LVA may take action accordingly.

The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

Submitted Information

If you choose to communicate to LVA (via any means) suggestions for improvements to the Services or any idea or proposal related to LVA or its businesses or properties (collectively, “Feedback”), LVA shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to LVA and waive in favor of LVA, its successors and assigns all your moral rights in the Feedback; and agree to provide LVA such assistance as LVA may require to document, perfect, and maintain LVA’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to LVA, you are not entitled to any compensation or reimbursement of any kind from LVA under any circumstances.

8. External Links

General External Links and Services

From time to time, LVA may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOU. When you access third party resources on the internet in this manner, you do so at your own risk. LVA provides those links as a convenience to you and LVA takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the terms of use and / or privacy policy of any website or service you visit. LVA does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

In no way will LVA be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

9. Interruption of Service

From time to time, the Services (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavor to make this unavailability as brief as possible, LVA and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.

10. Termination of the TOU and Access to the Services

You agree that LVA, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, if LVA believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

LVA may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that LVA and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from LVA’s termination of the Services or any part thereof.

Termination of the Services or your access to the Services shall terminate the present TOU as between you and LVA. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including, without limitation, the intellectual property provisions, disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties

You expressly understand and agree that your use of the Services, the information thereon (whether provided by LVA or third parties) or any activity arising from your use of the Services or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Services, the information thereon or any materials downloaded therefrom.

The information or resources provided through the Services, written or produced by LVA staff, freelance writers or other subcontractors hired by LVA are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. LVA and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not.

LVA expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from viruses and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. LVA, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by LVA or third parties) available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded will meet your requirements.

Some of the content displayed on the Services may include elements that belong to or are provided by third parties. You acknowledge that LVA assumes no responsibility for such content.

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services and all operations on the Services are warranted only to the minimum amount legally required.

12. Limitation of Liability

In no case will LVA or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Services, or (ii) the interruption, suspension or termination of any part of or all the Services; and in both cases (i) and (ii), regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Services exceed the amount of fees that you have paid to us over a 6-month period.

You expressly understand and agree that LVA or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Services, the information on the Services, your use of the Services, activities arising from your use of the Services, any third party materials on the Services or any materials downloaded from the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by LVA or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

13. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by LVA or its Representatives, you agree to indemnify, defend and hold harmless LVA and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of or connection to the Services, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Services, the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

14. Governing Law and Applicable Jurisdiction

These TOU and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Québec, Canada and the federal laws of Canada applicable therein, without regard to conflict of law provisions. You agree that any legal action or proceeding between you and LVA shall be brought exclusively in the courts located in the judicial district of Montréal, Canada. Notwithstanding the foregoing, LVA shall have the right to bring action against you in any court of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montréal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montréal court.

15. Miscellaneous Provisions

The TOU, in conjunction with the Privacy Policy, constitutes the entire agreement between you and LVA with respect to your use of the Services, superseding any prior agreements between you and LVA.
LVA shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond LVA’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and LVA nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
The failure of LVA to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to LVA.
The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.