Terms & Conditions

This document, together with the Privacy Policy and any other policies or guidelines posted at www.cirque-eloize.com (“Agreement”), is a contract between you (“you”) and  Cirque Éloize (the “COMPANY”, “we”, “us” or “our”) concerning the conditions associated with your use of the Web site available at www.cirque-eloize.com (the “Site”).

Please read all the following terms and conditions carefully before using the Site. By using or accessing the Site you agree to all the terms and conditions stated in this Agreement. If at any time you do not or cannot agree to the terms of this Agreement, you must cease accessing or using the Site.

1.Conditions relating to the use of the Site

To access this Web site, you need a compatible Web browser. You acknowledge and agree that the COMPANY can discontinue support of any Web browser and that, if such is the case, you will be required to download a compatible Web browser to continue using this Web site. You also acknowledge and agree that the use of this Web site depends on the proper functioning of your computer equipment and Internet connection.

As a condition to your use of the Site, you agree not to:

1. Impersonate or misrepresent your affiliation with any person or entity;
2. Access, tamper with, or use any non-public areas of the Site or the COMPANY’s computer systems;
3. Attempt to probe, scan, or test the vulnerability of the Site or any related system or network or breach any security or authentication measures used in connection with the Site and such systems and networks;
4. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site;
5. Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
6. Provide payment information belonging to a third party;
7. Use the Site in an abusive way contrary to its intended use, to its documentation or to the COMPANY’s reasonable instructions;
8. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
9. Infringe third party intellectual property rights when using or accessing the Site.

The COMPANY grants you a personal, non-transferable, non-exclusive, revocable, and limited right to access the Web site and use it for personal, non-commercial purposes.

It is your responsibility to ensure that by accessing this Web site and the content made available to you on it or through it, you are acting according to the laws of each territory in which or through which you access this Web site or its content.

The COMPANY will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. The COMPANY may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although the COMPANY has no obligation to monitor your access to or use of the Site, it has the right to do so for the purpose of operating the Site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

2.Electronic newsletter

When you subscribe to the newsletter, you agree to submit the most updated, precise, complete and exact information about yourself. It is your responsibility to regularly update the information transmitted. By subscribing to this newsletter, you accept that the COMPANY communicates with you by email or by other means made possible by the information that you divulged by subscribing to the newsletter so that we can share with you promotional offers, news, events, surveys, contests and any other services and activities related to the COMPANY, Théâtre T & Cie inc., Les Productions Neuvart inc., Les Productions Éloize inc and their partners and affiliates. You may at any time unsubscribe to the newsletter by writing to eloize@cirque-eloize.com.

3.Prices

The price displayed or advertised on the Web site or through any other of the COMPANY’s electronic communications relating to merchandise available through the online shop on the Site is indicated in Canadian dollars and subject to applicable taxes. These prices also include shipping fees. Consequently, for any purchase to be delivered in Canada or the United States, please select the price associated with these territories to proceed to the transaction. For any other purchase to be delivered in the rest of the world (outside Canada and the United States), please select the price related to this territory to proceed to the transaction. You accept that the price of an item of merchandise associated with shipping in Canada and the United States is lower than the price of an item of merchandise associated with international shipping (outside Canada and the United States). The price displayed or advertised may be modified without prior notice at the sole discretion of the COMPANY.

Despite our best efforts, it is possible that an item of merchandise from our online shop displayed or advertised on the Web site or through any other means may indicate an incorrect price. In such case, we will contact you in a timely manner, and we will cancel your order.

Any item of merchandise purchased through the Site’s online shop is delivered by Canada Post according to the type of service chosen by the COMPANY. The user of the Site recognizes that only the COMPANY may choose the type of service by which the purchased merchandise is delivered and accept the time-frame of the delivery associated with it. The COMPANY usually chooses the type of service that offers the lowest shipping charges. The COMPANY may choose any other type of service at its sole discretion.

THE WEB SITE AND ITS CONTENT SHALL NOT BE CONSIDERED AS AN OFFER TO SELL PRODUCTS OR SERVICES. THEY ARE PROVIDED FOR INFORMATION PURPOSES ONLY.

For any questions concerning your order, please contact us at the following address: eloize@cirque-eloize.com.

4.Charges and payment

Any payment for items of merchandise through the online shop is processed by PayPal. To purchase items of merchandise through the Site’s online shop, you must have an active PayPal account or enter your personal information on the form generated by PayPal when you complete a transaction made without opening a PayPal account. All charges applicable to the purchase of merchandise through the Site’s online shop will be charged to your PayPal account if you have an active PayPal account or to your credit card account or Visa debit card if you do not have an active PayPal account. You must supply valid information for your credit card or Visa debit card used for the transaction and associated with your personal information, such as delivery address. You must update this personal information or the personal information associated with your PayPal account, if necessary, if it has changed. You acknowledge that the COMPANY is an organization independent from PayPal, so it is your obligation to get to know the terms and conditions of use, the regulations, privacy policies and any other policies and guidelines associated with PayPal before proceeding to any transaction. If you do not or cannot accept these terms and conditions of use, these regulations, these privacy policies and these other policies and guidelines associated with PayPal, you should not proceed to the transaction.

The COMPANY shall not be obligated to carry out an operation whose regulations are not accepted by PayPal, due to insufficient fund or for any other reason. In such case, you will receive a message to this effect from PayPal, or from any other intermediary and the operation will be refused or postponed.

All sums mentioned in this Agreement and on the Site relating to the online shop are in Canadian dollars and include all applicable taxes and shipping charges.

5.Privacy

The confidentiality of the personal information you provide is of great importance to us. We also believe it is important to inform you on how we process your personal information. We thereby encourage you to closely read our Privacy Policy.

6.Information collected through the Web site

The COMPANY collects anonymous information about the use of its Web site to know which pages were viewed by users and to compile statistics about this use, how visitors use the Web site, and the frequency of use of hyperlinks. This information is collected through an analytical platform (e.g. Google Analytics), logfiles and cookies. We encourage you to closely read our Privacy Policy for more in-depth information collected through an analytics platform, logfiles, and cookies.

7.Exclusive rights

All the content appearing on or made available by the Site (such as the text, the images, the logos, the trademarks, the icons, the illustrations, the audio clips, the digital downloads, the data sets, the software) and any compilation of this content is the exclusive property of the COMPANY, its content suppliers or its licensors as the case may be, and is protected by Canadian and international intellectual property laws. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Site.

8.Communications and other content

Subject to any applicable law (and, in the case of personal information, the requirements of our Privacy Policy), any communications that you send or which are sent to you via the Web site, whether solicited by us or otherwise, are on a non-confidential basis, and we are free to use and disclose the content of any such communication, including any ideas, inventions, concepts or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including copyright, trademark, patent, unfair competition, moral rights, or implied contract). If you send any unsolicited idea, suggestion or other material in any format, which we call “submissions”, to us or the Website, you automatically grant us and our successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the submissions or any ideas, concepts, know-how or techniques associated with the submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of us or our successors or assigns. You waive all author’s moral rights in your content and submissions (including the right to be associated with your content or submission) upon submission, as well as the right to receive any financial or other consideration in connection with your content and submissions.

9.Copyright complaints

The COMPANY respects the intellectual property of others. If you believe that your work has been copied or made available on the site in a way that constitutes copyright infringement, please inform us immediately

10.Links provided on the Web site

The Web site may contain links to other Web sites, which are offered solely for practical purposes. The COMPANY assumes no responsibility for the accuracy or pertinence of the information or links provided on these Web sites, and the links provided do not constitute a recommendation to purchase products or services. If you choose to access any third-party Web site through this Web site, you do so at your own risk.

11.Electronic communications

When you send us e-mails, you are communicating with us electronically. Therefore, you consent to receiving electronic communications from us. We may communicate with you by email or notices displayed on the Site. You agree that when we send you via electronic means agreements, notices, information and other communications, we comply with any legal requirement that stipulates that such communications must be in writing.

12.Disclaimer of warranty and limitation of liability

To the full extent allowed by applicable law, the Company makes no warranty or representation regarding the Site, including that the Site will meet your requirements or will work in combination with any hardware or software provided by third parties, that the service will be uninterrupted, without problems or error free, or that all errors in the service will be corrected. The Company provides the service “as is” and “as available”.

To the full extent allowed by applicable law, the Company’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed.

To the full extent allowed by applicable law, in no event shall the Company and its suppliers or licensors have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Site’s service, whether foreseeable or not, and even if the Company had been advised of the possibility of such damages. In the event that the Company is found liable to pay you any damages, the Company’s total cumulative liability to you under this agreement shall not exceed $100.

By using this site, you agree to assume complete responsibility for all the risks associated with your use of the site, including the responsibility for all charges and charges related to the maintenance or repairs of the material that you employ as part of your use of this Site.

13.Indemnification

You agree to defend, indemnify, and hold harmless the COMPANY, its officers, directors, administrators, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, legal and accounting fees, arising out of or in any way connected with your access to or use of the Site.

14.Amendments

The COMPANY reserves the right to change these Terms and Conditions of Use at any time at its sole discretion. Any change becomes effective from the date of its posting on this Web site. Your use of this Web site will be subject to the latest version of the Terms and Conditions of Use at the time of your use. Your continued use of this Web site after such changes constitutes your acceptance of these changes. Please review the Terms and Conditions of Use regularly. If you do not agree to these Terms and Conditions of Use or any changes made to them, please cease your use of this Web site immediately.

15.Resiliation

The COMPANY reserves the right to suspend your access to all or part of this Web site for any reason without prior notice. For example, the COMPANY may suspend your use of the Site or terminate it if you do not respect this Agreement or if your use of the Site may engage the legal responsibility of the COMPANY, cause an interruption in service to the Site or prevent others from using it. The COMPANY reserves the right, at any time, to temporarily or permanently interrupt offering the Site. The COMPANY will make all reasonable commercial effort to advise you of the interruption of the Site’s operation.

16.General provisions

This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Quebec. You agree that any definitive judgment rendered in any action, suit or proceeding is legally binding and may be executed in other jurisdictions by any means stipulated by law.

This Agreement is the entire and exclusive agreement between the COMPANY and you regarding the Site, and this Agreement supersedes and replaces any prior agreements between the COMPANY and you regarding the Site.

You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of the COMPANY which consent is within the COMPANY’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. The COMPANY shall be allowed to assign this Agreement to any third party without requiring your consent.

Nothing in this Agreement shall constitute a partnership or joint venture between you and the COMPANY.

If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.

Contact

If you have any concern, question or complaint regarding this Agreement, please contact the COMPANY at:

Cirque Éloize
417, rue Berri
Montréal (Québec)
H2Y 3E1 CANADA
eloize@cirque-eloize.com