Terms of use

Chocolats Favoris is your designated partner for magical chocolate experiences with family and friends. We look forward to welcoming you to our Sites.

Your use of the website of Les Chocolats Favoris Inc. and any of its affiliates ("Chocolats Favoris" or "we"/”us”), our online stores, our applications, or our social networking pages (the "Sites") indicates your acceptance of these Terms of Use, and your use of the Sites is conditional on your acceptance of and compliance with these Terms of Use.

We reserve the right to update these terms of use from time to time, whether for legal or regulatory reasons, or to optimize the operation of the Sites. Any changes will come into effect as soon as they are published on the Sites. It is your responsibility to check for updates to the terms of use. Your continued use of the Sites following the publication of any updated Terms of Use will be deemed to be your acceptance of the updated Terms of Use.

These terms include our Privacy Policy, which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms and conditions ("Additional Terms") relating to specific content, goods or services that we make available or provide through the Sites. The Additional Terms will be available on the relevant pages of the Sites and you will be able to accept them before placing an order. In the event of any conflict or inconsistency with the other terms and conditions, the Additional Terms shall prevail.

The Sites are intended for and directed to residents of Canada over the age of 16.

While Chocolats Favoris uses reasonable efforts to ensure maximum availability of the Sites, there may be times when the Sites will be unavailable, including, but not limited to, in the event of planned maintenance or upgrades, emergency repairs or failure of equipment or telecommunications links. Chocolats Favoris further reserves the right to discontinue any portion of the Sites, for any reason and without prior notice. If you have any problems accessing the Sites or their content, please contact us at [email protected].

The Sites are for your personal and non-commercial use only. As a condition of your use of the Sites, you agree: :

(i) not to use the Sites for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;

(ii) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

(iii) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Sites or its content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional terms;

(iv) not to use the Sites to distribute viruses or malware or other similar harmful software code;

(v) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and; et

(vi) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Sites and shall be solely responsible for keeping your password and other account details confidential.

We reserve the right to prevent or suspend your access to the Sites if you do not comply with any part of these terms and conditions or any applicable law.

Your personal information is collected for specific and limited purposes when you use the Services, including:

• Establishing and managing our relationships with you, including information or support requests;
• Remembering your personal information to avoid having to re-enter it during your visit or on your next visits;
• Allowing business development and marketing to inform you about our new offers, with prior agreement, providing you and third parties with personalized content and information, including online advertisements;
• Ensuring, maintaining, improving, testing, and controlling the effectiveness of the Services;
• For research and development or statistical purposes to improve the use of our site and your browsing experience, including monitoring various indicators (such as the total number of visitors, traffic, and demographic patterns), diagnosing or solving technical problems;
• Creating and managing any gift card or loyalty programs set up by Chocolats Favoris or third parties mandated by Chocolats Favoris for this purpose, which may include verifying your eligibility for such programs;
• Organizing contests, challenges, special offers, and other activities and special events (the “Events”) through the Services;
• Promoting and advertising the Services or your participation in the Events on any platform or medium, including Chocolats Favoris chocolate shops;
• Evaluating a job application submitted via the “Career” page of the website;
• Proceeding with the selection process of franchisees who meet the minimum requirements and establishing a priority order among interested parties;
• As permitted or required, for any applicable legal or regulatory obligations or provisions (collectively, the “Uses”).

Copyright © 2024 Les Chocolats Favoris Inc. Tous droits réservés. The Sites, their content and its architecture, programming codes, trademarks and other intellectual property rights they contain are owned by us and/or our licensors. We and our licensors reserve all of our intellectual property rights (which include, without limitation, all copyrights, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whatsoever), whether registered or unregistered throughout the world.

Nothing in these terms of use grants you any rights in the Sites or their content other than those necessary to enable you to access the Sites. Any unauthorized modification, copying, transmission, borrowing or distribution is prohibited. You agree not to adjust, attempt to circumvent or delete the Sites and, in particular, any digital rights or other security technology embedded or included in any content of the Sites.

The Sites are not a secure means of communication and any information you provide to us will not be kept confidential. For this reason, you should not submit or send us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any other information, whether written or oral, that you consider confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we appreciate your sharing information, you agree not to submit Unwanted Submissions. Any communication (including any Unwanted Submissions) made to us is deemed to be our property. By sending or posting any information or other material, including notices about our products and services, you agree that, subject to our Privacy Policy, we are entitled to use such information in any way we see fit (including reproduction, transmission, modification, publication, broadcast and posting in any medium and anywhere in the world), free of charge, including for marketing or communication purposes. We are under no obligation of confidentiality and shall not be liable for any use and/or disclosure of such information.

Where the Sites allow you to communicate with us and/or other users of the Sites, you may not use the Sites to violate anyone's privacy, to transmit harmful or offensive communications (for example, violent, obscene, discriminatory, defamatory or otherwise unlawful) or material that could damage the reputation of Chocolats Favoris or the Sites. While we reserve the right to monitor, edit, review or delete discussions, chats, postings, transmissions, bulletin boards and similar communications on the Sites from time to time, we are under no obligation to do so and assume no responsibility or liability arising from the content posted on the Sites, nor for any errors, omissions, violations, defamatory statements, obscenities or inaccuracies contained in any such information.

You represent and warrant that any content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such content that we may choose to publish. You agree that you waive all moral rights you may have in any such content but that any personal data you supply with your content may, if we choose to do so, be used by us as described in our Privacy Policy.

If you create an account on one of our Sites, it is your responsibility to ensure that the information required to register is true, accurate and up to date in all respects. If your information changes, or if you wish to delete your account, you must notify us by contacting [email protected] or by completing the form provided. When you register, you will receive a password that must be kept secret. You are solely responsible if you fail to maintain the confidentiality of this password. We reserve the right to refuse service and/or terminate accounts without notice if these Terms of Use are violated, or if we determine, in our sole discretion, that it is in Chocolats Favoris' best interest to do so.

While we undertake commercially reasonable efforts to include accurate and up-to-date information on the Sites, we do not represent, warrant or guarantee (whether expressly or by implication) that any content is or will remain available, accurate, complete and up-to-date, free of bugs, errors or omissions, or that it is suitable or fit for any purpose. Any reliance you place on the information contained in the Sites is at your sole risk and we may suspend or terminate the operation of the Sites at any time in our sole discretion. Nothing in these terms of use shall be construed as violating any mandatory legal requirement or your statutory rights. The content of the Sites is provided for general information purposes only and to provide you with information about us and our products, as well as news, features, services and other websites that may be of interest to you. It does not constitute technical, financial, legal or any other type of advice and should not be relied on for any purpose whatsoever.

While make commercially reasonable efforts to ensure the availability of the Sites, we do not represent, warrant or guarantee in any way the continued availability of the Sites at all times or the uninterrupted use of the Sites by the user.

The Sites may contain hyperlinks or references to third-party websites other than the Sites. These hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no responsibility for the content, materials or information contained therein. The display of a hyperlink or reference to a third-party website does not constitute an endorsement of that third-party website, products or services. Your use of a third-party site may be governed by the terms of use of that third-party site.

You may create a hyperlink to any of our Sites, provided that you do so in a way that is fair and legal and does not damage Chocolats Favoris' reputation or take advantage of it. You must not create any link that suggests any form of association, approval or endorsement by Chocolats Favoris. Chocolats Favoris reserves the right to withdraw permission to a hyperlink without notice.

While our goal is to provide the best possible service, Chocolats Favoris does not warrant the accuracy or completeness of the Sites or that they are up-to-date, that there will be no interruptions, errors or omissions in the Sites, that defects will be corrected, or that the Sites and the server(s) that make them available are free of viruses or other harmful components. The Sites and the materials thereon are provided "as is" and "as available" without representations, warranties or conditions of any kind, either express or implied.

In no event will Chocolats Favoris, its officers, directors, shareholders, agents or employees be liable for any loss, expense or damage of any kind (including, without limitation, damages for harm caused, loss of profits, programs or data, business interruption or any other pecuniary or economic loss), whether direct, indirect, exemplary, special, incidental or otherwise, arising out of the use or misuse of the Sites or the fact that they contain a defect, inaccuracy, error or omission, regardless of the nature of the action, even if Chocolats Favoris has been advised of the possibility of damages or if such damages are reasonably foreseeable.

All exclusions and limitations of liability set forth in these terms are subject to the Additional Terms with respect to the matters covered by such Additional Terms and to the extent required by law.

By using the Sites, you agree to defend, indemnify and hold harmless Chocolats Favoris, its affiliates and related companies, and their respective officers, agents, directors, employees, licensors and assigns, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, expenses (including legal fees and disbursements) and amounts paid in settlement arising out of or related to your use of the Sites, or your violation of the Terms of Use or the rights of third parties. Chocolats Favoris may assume the exclusive defense and control of any matter for which you have agreed to indemnify Chocolats Favoris and you agree to assist and cooperate with Chocolats Favoris in the defense or settlement of any such matter.

Except as otherwise expressly provided in these Terms of Use, all notices from you to us must be in writing and sent to our contact address at La Fabrique, 101-4355 rue Jean-Marchand, Québec (QC) G2C 0N2 and all notices from us to you will be posted on our Sites from time to time.

We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control, including, but not limited to, strikes, lockouts and other industrial disputes, system or network access failures, floods, fires, explosions or accidents.

If any part of these terms of use is unenforceable (including any provision in which we exclude or limit our liability to you), the enforceability of any other part of these terms of use will not be affected. If we choose not to enforce any right we have against you at any time, this will not prevent us from deciding later to exercise or enforce that right.

These Terms of Use (together with the Privacy Policy and any Additional Terms) contain the entire agreement between us and you with respect to your use of the Sites and supersede any representations, statements or other communications (written or otherwise) made by you or us which are not contained herein. Except in the case of fraud or fraudulent misrepresentation, we shall not be liable for the falsity or misleading nature of any such statement.

You may not assign, sublicense or otherwise transfer your rights and obligations under these Terms to any other person.

These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, and any disputes shall be submitted to a court of competent jurisdiction in the judicial district of Quebec City, Province of Quebec.