This is an agreement between Bon Pour Toi Inc. (“BON POUR TOI”, “we”, “us”, “our”), a nutritional health company and operator of the websites accessible at the domain names www.bonpourtoi.ca, www.hubertcormier.com and www.monplanswiitch.com (collectively our “Sites”) and the Swiitch mobile application (the “Application”) (together the “Platforms”), and you (“you”), a user of our Platforms (“User”).
1.2. Use of the Platforms
1.3. Access to the Platforms
The Platforms are available only to Users who may lawfully enter into contracts, as provided by applicable laws. By using or accessing the Platforms, you represent and warrant that you are of legal age in your place of residence to enter into a contract.
2.2. Notice of Amended Terms
Unless BON POUR TOI makes a change for legal or administrative purposes, BON POUR TOI will provide reasonable notice before the Amended Terms come into effect. You agree that BON POUR TOI may notify you of the Amended Terms by posting them on the Platforms.
2.3. Acceptance of the Amended Terms
2.4. Effective date of the Amended Terms
The Amended Terms will become effective upon posting on the Platforms or such a later date as may be specified in the Amended Terms and will apply to your use of the Platforms as of such effective date.
The Platforms allow you to purchase books, stationery, and other derived merchandise such as “zero-waste” items, register for conferences, view blog posts and subscribe to a food plan service.
3.2. Access and use of the Platforms
3.3. Access and use of the Application
3.4. Updates to the Application
You understand and agree that BON POUR TOI may from time to time and in its sole discretion develop and provide updates to the Application, which updates may include upgrades, bug fixes, patches or other error corrections and/or new features (“Updates”). Updates may also change or remove certain features and functionality of the Application in their entirety. You agree that BON POUR TOI has no obligation to provide Updates or to continue to provide or enable particular features or functionalities. Depending on your mobile device settings, when connected to the Internet :
- The Application will automatically download and install any available Updates; or
- You may receive a notification or be prompted to download and install available Updates.
3.5. Evaluation and advice
By using our Services, including when using the Application, you will have access to recommendations to optimize your diet and feel good. BON POUR TOI cares about your safety and health and it is important that you consult your health care professional and consider the associated risks before using our Services in connection with any fitness and wellness Content or dietary plans (“Plan”). By using our Services, you agree and declare that you have received your physician’s approval to participate in the Plans or any other activities made available to you in connection with the Services. In addition, you agree and declare that you have consulted with your physician before making any dietary changes based on the information available through the Platforms. Each person’s physical condition and abilities are different, and participation in the Plans and other activities offered through our Services is at your own risk. If you choose to participate in the Plans or these activities, you do so voluntarily, knowingly and willingly assuming any risk associated with such activities. You understand and agree that the Plans and activities offered by the Services may represent a risk even to persons who are currently in good health.
3.6. Access to the Services and Content
3.7. Data Encryption
You agree that your data (excluding credit card information) may be transferred without encryption and may involve transmissions over different networks, as well as changes to conform and adapt to technical requirements of connecting networks or devices.
3.8. Rules of Conduct
You may not (i) use the Platforms for any purpose other than the Permitted Purposes, (ii) copy, distribute or disclose all or any portion of the Platforms in any medium, including through any automated or non-automated web scraping tool or technique, (iii) use any automated system, including web crawlers and offline readers, to access the Platforms, (iv) transmit through the Platforms spam, chain letters or any other form of unsolicited email, (v) attempt to interfere with the Platforms’ servers, compromise the integrity or security of the Platforms’ systems or decrypt any transmissions to or from the Platforms, (vi) take any action that, in BON POUR TOI’s sole discretion, imposes or is likely to impose an unreasonable or disproportionately large load on the Platforms’ infrastructure, (vii) upload data, viruses, worms, or other malicious software through the Platforms, (viii) collect, extract or harvest personally identifiable information from the Platforms, (ix) impersonate any person or otherwise misrepresent your affiliation with a person or entity, commit fraud, or conceal or attempt to conceal your identity, (x) interfere with the proper working of the Platforms, (xi) access any content on the Platforms using any means or technology other than those provided or authorized by the Platforms, (xii) circumvent any measures BON POUR TOI may use to prevent or restrict access to the Platforms, including features that prevent or restrict the use or copying of content on the Platforms or that impose limits on the use that may be made of content on the Platforms, (xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works from the Platforms, or (xiv) otherwise use the Platforms in violation of any applicable law.
3.9. Investigation and Prosecution
3. Use of the Platforms
When you provide BON POUR TOI with your email address through the Services, you expressly agree that BON POUR TOI will retain your email address in its databases or that it may use this email address in its mailing lists to communicate with you (i) to validate some of your account information (ii) to keep you informed of the status of your account on the Platforms, (iii) conduct surveys or audits regarding the Platforms, including about its functionality, usability, and your enjoyment of it (iv) notify you of benefits or promotions offered by BON POUR TOI, or (v) for any other reason relating to the Platforms or the safety of Users.
4. Electronic communications
5.1. Account Creation
Access to certain Platforms or certain features of the Platforms requires the creation of a user account. When creating a user account, you agree to provide BON POUR TOI with true and complete information about yourself as required by the registration process, and to update such information as necessary to keep it accurate. You must also choose a unique and secure password. If you violate this section 5.1, BON POUR TOI may terminate your right to use the Platforms at its sole discretion. If you create your account through a third-party provider such as Facebook, you should be aware that you will also be subject to the terms and policies of that third party.
5.2. Responsibility for your account
You are entirely responsible for ensuring and maintaining the confidentiality of your password. In addition, you are fully responsible for all activities that occur under your account. You agree to immediately notify BON POUR TOI of any unauthorized activity that occurs under your account or any other breach of security.
5.3. Account Security
BON POUR TOI cannot guarantee that unauthorized third parties will never be able to defeat the security measures of the Platforms or that they will not make unlawful use of information on the Platforms that you have provided to BON POUR TOI and that allow you to identify yourself (“Personal Information”). You acknowledge that you provide your Personal Information at your own risk.
5.4. Liability for misuse of account
BON POUR TOI can not be held responsible, directly or indirectly, for any loss or damage of any kind that you may suffer as a result of the use by another person, with or without your consent, your password, or your account. You may also be held liable for losses incurred by BON POUR TOI or a third party due to someone else using your account or password.
5.5. Use of other accounts
You may not use another person’s account at any time, except with the permission of the account holder as his or her authorized agent.
5.6. Account closure
BON POUR TOI reserves the right to delete any inactive account for a period of at least one (1) year, as well as any data associated with such account. However, no data will be deleted without prior notice to the account holder.
5.7. Account termination
You may suspend or terminate your account on the Platforms for any reason, at your sole discretion and without notice, without liability towards BON POUR TOI.
5. Your account
6.1. Subscription Fees
6.2. Automatic Renewal
To the extent permitted by applicable law, Subscriptions automatically renew for the Subscription period until you cancel. Your payment method will be charged at the beginning of each Subscription period.
6.2.1 Subscription prices in the Application
BON POUR TOI offers several subscription packages to the Application that you can find below:
1-Month Subscription (length of subscription: 1 month; renewed monthly): $59.99 (CAD).
3-Month Subscription (length of subscription: 3 months; renewed every 3 months): $134,99 (CAD).
6-Month Subscription (length of subscription: 6 months; renewed every 6 months) : $199,99 (CAD).
12-Month Subscription (length of subscription 12 months; renewed every 12 months) : $249,99 (CAD).
6.3. Interrupting Renewals
To interrupt or cancel a Subscription, you must go to your account settings. Your changes will be applied to your next Subscription period. Any questions regarding billing should be directed to the Third-Party Platform.
No refunds will be given on your Subscription.
Purchases made on the App Store may be eligible for a refund. You can use any device with a web browser to request a refund. To do so, go to reportaproblem.apple.com. Sign in with your Apple ID and password. Press or click on I’d like to, then choose the Request a refund option. Next, choose the reason why you would like a refund, then select Next. Choose the item(s) you purchased, then select Send.
6. Application subscription and refund
7.1. Colors and images
BON POUR TOI has made every effort to display as accurately as possible the colors and images of products that appear on the Platforms, but BON POUR TOI cannot guarantee that the display of a color on your mobile device or computer screen will be accurate or that the product you receive will be exactly as presented on our Platforms.
7.2. Changes to Services and prices
The prices of our Services are subject to change without notice. BON POUR TOI reserves the right, at any time, to modify or discontinue the Services (or any part or content thereof) without notice. BON POUR TOI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
7.3. Limitations and interruption
BON POUR TOI reserves the right, but not the obligation, to limit sales of its products or Services to any person, geographic area or jurisdiction. BON POUR TOI may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services offered by BON POUR TOI. All product descriptions or product prices are subject to change at any time without notice, at BON POUR TOI’s sole discretion. BON POUR TOI reserves the right to discontinue the sale of any product at any time. BON POUR TOI may, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed by or under the same customer account, credit card, or orders using the same billing or shipping address.
BON POUR TOI does not guarantee that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected. The User understands that information of a bibliographic nature is provided to us by third parties and that BON POUR TOI does not guarantee its accuracy, as it is provided for information purposes only.
7. Products and services
All trademarks (including words, expressions and logos) used by BON POUR TOI for the purposes of distinguishing its own goods or services from those of others, are owned by BON POUR TOI. Trademarks of BON POUR TOI may not be used, reproduced or replicated, in whole or in part, without the prior written permission of BON POUR TOI.
All original works reproduced or published on the Platforms are protected by copyright. The owner of the copyright in each work reserves all its rights in it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
8.3. Other Rights
The Platforms may also be protected by industrial designs or patents. BON POUR TOI reserves all rights to the Platforms not expressly granted. You agree not to engage in the use, copying, or distribution of any content of the Platforms other than as authorized.
BON POUR TOI is free to use, take advantage of, disclose, publish, withhold or otherwise exploit any comments, suggestions or other ideas to improve or modify in any way the Platforms or any other product or service using a BON POUR TOI trademark (“Feedback”), without compensation or attribution to the User or any person who provided such Feedback.
8. Intellectual property
9.1. Content License
At all times when you submit User Content, you agree not to make any statements that may be considered, in BON POUR TOI’S sole discretion, to be (i) abusive, defamatory, hateful, racist, xenophobic, homophobic or sexist (or any use of discriminatory language), (ii) involving vulgar, obscene or malicious language, and (iii) disclosing personal information or confidential information of others.
9.3. Responsibility for User Content
You hereby acknowledge and agree that you are solely responsible for any User Content you post on the Platforms. Accordingly, you represent and warrant that (i) you are either the sole and exclusive owner of the User Content submitted on the Platforms or that you have all the rights, licenses, permissions, consents and releases to grant rights to BON POUR TOI in such User Content, and (ii) that neither the User Content, nor its publication or transmission, nor the use of the User Content by BON POUR TOI violates or will violate the rights of any third party, including intellectual property rights and image rights, or any law or regulation, Canadian or foreign.
BON POUR TOI is free to use, profit from, disclose, delete, publish or otherwise exploit any content, including any comments, posted to a book, article or other material available on the platforms, including republishing content on BON POUR TOI platforms other than the one on which the content was originally posted.
9.5. Administration of the Platforms
9. User Content
For purposes of this section 11, “Confidential Information” means any material, non-public information related to BON POUR TOI (including any trade secrets), written or oral, whether or not marked as confidential.
10.2. Obligation of confidentiality
The User must keep confidential all Confidential Information of BON POUR TOI that the latter has disclosed or made available, directly or indirectly, by any means of communication or observation.
10.3. Limited Purposes
The User may use Confidential Information only for the purposes of its use of the Platforms.
User shall not disclose Confidential Information to any third party, except to the extent that such disclosure :
10.4.2. : was previously consented to by BON POUR TOI in writing and signed; or
10.4.3. : is required by law.
The User shall promptly and timely notify BON POUR TOI if the User is required by law to disclose any Confidential Information or has knowledge of any unauthorized disclosure of Confidential Information.
10. Confidential information
11.1. External Sites
The Platforms may contain hyperlinks to external websites, which take you away from the Platforms (the “External Sites”). You acknowledge and agree that BON POUR TOI is not responsible for the availability of such External Sites or the accuracy of the content, products or services available on them. The hyperlinks to external sites do not imply any approval or endorsement by BON POUR TOI of these external sites. You agree to assume all risks arising from your use of the External Sites. By using the Platforms, you expressly release BON POUR TOI from any liability arising from your use of any External Site.
The Platforms are provided to you “as is” and “as available” without any warranties of any kind. To the fullest extent permitted by applicable law, BON POUR TOI disclaims all warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. BON POUR TOI may update the Platforms without notice to the User. Although BON POUR TOI does everything in its power to ensure that the information presented on the Services is complete and accurate, BON POUR TOI cannot guarantee that such information is free of errors, omissions and inaccuracies. BON POUR TOI makes no warranty regarding the quality of any content consulted or obtained through the Platforms. BON POUR TOI does not guarantee that the Services will meet your needs or provide specific results.
12. No warranty
13.1. Limitation of Liability
You acknowledge and agree that you assume all risk arising from your access to or use of the Platforms, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, under no circumstances will BON POUR TOI, its affiliates, directors, employees, members, agents, licensors or successors and assignees (collectively, the “Related Persons”) be liable for damages of any kind, including, without limitation, loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, arising directly or indirectly from the use or performance of the Platforms, including any damages caused by or resulting from a User’s reliance on any information obtained through the Platforms, or resulting from any error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure of performance.
13.2. No Liability for third parties
To the extent permitted by law, BON POUR TOI and its Related Persons, disclaim all liability for the acts, omissions or conduct of any third-party user of the Platforms and Services and shall not be liable in any way for any harm, loss, damage or expense arising in any way from the acts, omissions or conduct of any third-party user of the Platforms and Services.
13. Limitation of Liability
15.1. Termination by BON POUR TOI
15.2. Effect of Termination
Upon termination of your access or right to use the Platforms, your right to use or access the Platforms will immediately cease.
15.3. Survival of provisions
The provisions of this agreement, which by their nature should survive termination of this agreement, shall survive such termination, including the intellectual property provisions, absence of warranty, limitation of liability and indemnification. Termination of your access to and use of the Platforms does not relieve you of any obligations prior to termination and does not limit any liability you may have towards BON POUR TOI or any third party.
16.1. Complaint procedure
For any dispute arising out of or related to this agreement, you agree, in the first instance, to contact BON POUR TOI to attempt to resolve the dispute informally. If BON POUR TOI has not been able to resolve the dispute with you informally, each party agrees to resolve the dispute by first seeking mediation, in accordance with the provisions of Sections 605 et seq. of the Code of Civil Procedure of Quebec, unless mediation (i) is not initiated by either party within ten (10) days after the expiration of the time period specified in a notice of default sent by one party to the other, or (ii) has not reached an amicable settlement after twenty (20) days from the commencement of the mediation and thereafter, if the mediation has not resulted in an amicable settlement, binding arbitration, in the city of Quebec, Canada, unless you and BON POUR TOI agree otherwise in accordance with the provisions of Sections 620 et seq. of the Code of Civil Procedure of Quebec, except in circumstances where applicable law prohibits referral to arbitration or restricts a consumer’s right to appear in court.
16.2. Class action
Except in circumstances where applicable law prohibits restrictions on a Party’s right to bring a class action, all claims must be brought by the Parties on their own behalf, and not as a claimant or class member, in any representative proceeding or in a class action and, unless the Parties agree otherwise, an arbitrator may not combine the claims of more than one person.
Nothing in this Section prevents the parties from obtaining interim relief or a safeguard order, such as an injunction or other equitable relief, from a court of competent jurisdiction before or during the arbitration proceedings.
17.1. Entire Agreement
BON POUR TOI’s failure or delay in exercising any right, remedy, power, or privilege under these Terms shall not constitute a waiver of such right, remedy, power, or privilege. To be valid, a waiver must be in writing and must be signed by BON POUR TOI. A written waiver of any default shall not be construed as a waiver of any other default or failure of the same nature that may occur in the future.
17.4. Invalidity or Unenforceability
17.6. Governing Law
BON POUR TOI welcomes your comments and questions, which can be sent to firstname.lastname@example.org.