When using PNRDV, you shall agree to these Terms of Use and comply with them. If you do not wish to do so, please exit PNRDV and refrain from using the services offered.

Online agreement with these Terms of Use is materialized by a mandatory checkbox process when using PNRDV.

As a condition for being able to use PNRDV, you warrant that: (i) you are at least 18 years of age; (ii) you (or your guardian) have the legal ability to produce a binding obligation; (iii) you will use the PNRDV app and services in accordance with these Terms of Use; (iv) all the information you provide is true, accurate, current, and complete; (v) you have read and agreed to these Terms of Use, as well as our Terms of Sale and Privacy Policy.

We reserve the right, at our sole discretion, to deny access to and use of the PNRDV app to any individual, at any time and for any reason whatsoever, including, but not limited to, for breach of these Terms of Use.

To use PNRDV, we ask that you create an account (using your email address and password, which you can change later).

We may also ask that you provide other information necessary to personalize Content. Once identified in your account, you can book an appointment and edit other account information.

You shall also agree to notify Audace & Co. Of any unauthorized use of your username, password, and other information regarding your account, or any security breach of which you may become aware for your account.

Content and information provided through PNRDV, as well as the infrastructure used to make such Content and information available, are the property of Audace & Co. and/or our suppliers and service providers.

Subject to your compliance under these Terms of Use, Audace & Co. gives you the right to use PNRDV with a mobile device, but only for your personal use and to share with your family and friends, in accordance with the provisions set out in these Terms of Use. You agree to refrain from using PNRDV for any other purpose, whether commercial or other than what is provided herein.

These Terms of Use do not apply to websites with links to PNRDV.

We recommend you read the terms of use published on other websites to understand the terms, as they may vary from ours. For instance, such sites may include Facebook, Instagram, YouTube. We are not responsible for content on other websites, and we cannot be held liable for them. Links are provided for your convenience, and any other website with a link to PNRDV should be visited at your own risk.

We shall not be liable for any costs incurred as a result of using PNRDV, including, but not limited to, bandwidth overrun charges.

We disclaim all guarantees and terms according to which the Content, PNRDV services, our servers, or any email sent by us and/or our suppliers will be free of any viruses or other harmful components.

You expressly agree to defend and indemnify Audace & Co. and/or its suppliers, regarding all claims, actions, and requests, recovery, loss, damage, fine, penalty, or any other costs or expenses, caused by third parties, of whatever type of nature, including, but not limited to, reasonable legal and accounting fees and expenses resulting from: (i) your breach of these Terms of Use or documents which are referenced therein; (ii) your breach of any law or any rights of a third party, or in the event of a dispute between you and a third party; (iii) your access to PNRDV and the Content.

Should you fail to comply with any of your obligations in these Terms of use, we shall be entitled to terminate the rights we have given you hereunder, as well as implement all legal actions to enforce these Terms of Use. Should we need to implement legal actions to enforce these Terms of Use, you agree to refund us for all legal, travel, and accommodation costs arising from the dispute in question. You expressly agree that our licensors referenced on or through PNRDV may enforce these Terms of Use regarding their intellectual property.

To use PNRDV, you shall agree to receive certain emails from our company, as further defined in our Privacy Policy. You agree that all notices, agreements, disclosures, or any other communications that we send electronically be deemed as meeting all legal requirements applicable to communications, including those pertaining to written communications.

Personal information that you provide us with, including names that designate you and/or the members of your family, specific information about your child (for instance, being more polite with their parents), and other data, elements, and information you choose to include.

Contact and user information that you provide us with to register and settle your accounts.Your registration information may include name, email address, street address, school grade, age, and specific information about your child.

We use your personal information for general purposes set out below: 

• To register and manage your account, including making it easier for you to access your account and use PNRDV; 
• To contact you, to send you the information letter, answer your questions and comments, resolve troubleshooting issues, provide you with information about PNRDV’s services, and inform you of special offers, products and services we offer, as well as our partners who may be of interest to you; 
• To personalize your experience; 

• To ask you for information, sometimes through surveys, to poll the interest you have in our services and to improve them; 
• To enforce our Terms of Use; 
• To share or disclose in accordance with what is specified in the following paragraphs, and for any other purpose that may be indicated at the time of collecting information. 

We may create and share aggregated and anonymous information to be used by third parties, including our advertisers and investors. This will allow us to tell our advertisers how many visitors we get. 

Our legal basis for using your information 

We shall only use your Personal Data when the law allows us to do so. Most often, we will use your Personal Data in the following cases: 

• When you have given your consent. To consent, you must check a consent form to confirm that you have read and understood. 

• When it is necessary for our legitimate interests (or those of a third party), your basic rights and interests do not take precedence over those legitimate interests. This mainly applies when we use your personal information to better understand your needs and interests, to improve your customer experience. We consider it to be in the best interest of Audace & Co. in operating and managing our business so that we may provide you with the best possible service. 

• With our suppliers, subcontractors, and agents (hereinafter, “Suppliers”), who provide services or perform duties on our behalf: We may share your information with the Suppliers who manage the production and distribution of such products, or who provide the related services, including business data analysis, customer service, marketing, distribution of surveys or advertising contest programs, as well as fraud prevention. We may also authorize our Suppliers to collect information on our behalf if so required to operate PNRDV functionalities. Suppliers will be granted access to information only to the extent necessary to perform their duties, and to collect information within the same framework. 
• With our trading partners with whom we could jointly offer products or services. If you choose to access these additional services, we may share information about you with our partners, including your personal contact information. We will use reasonable efforts so that these trading partners process your personal information in accordance with this Privacy Policy, but we cannot control the privacy practices of these trading partners. 

Transmitting information over the Internet is not secure, and we cannot control or guarantee its security. Any data you forward us will be at your own risk.

When sending a link by email or posting on social media, the personal information and content you share is visible to other users and can be seen, collected, or used by them. You are responsible for the personal information you choose to share or submit as well. Be careful when using these features.

Please contact us if you have any questions regarding security.

We may keep your account registration information for twelve (12) months after your last account activity. Activity refers to your access or use of your PNRDV account for any purpose, including, but not limited to, logging into your account.

If you delete your PNRDV account, your personalized Content will be deleted, but your account registration information will remain in our records for a period of twelve (12) months, for the reasons set out above.

We reserve the right to update or amend this Privacy Policy. If so, we will also amend the “Last Update” date stated at the top of this document.

This Privacy Policy will be governed by and interpreted in accordance with the laws applicable in the province of Quebec, Canada, in accordance with what is provided for in the Terms of Use.

By downloading or purchasing any Content, you must agree to these Terms of Sale and consent to be bound by them.

The online acceptance of these Terms is materialized by a mandatory checkbox process during the finalization of the purchase or download.

If you do not wish to accept or agree to these Terms of Sale, please do not purchase or download any content from PNRDV.

As stated below, we reserve the right to update or modify these Terms of Sale at any time. We recommend that you review these Terms of Sale regularly to ensure that you are aware of any changes.

In order to purchase or download Content from PNRDV, you must create an account, in accordance with the provisions of the Terms of Use. You represent that you understand and agree to the terms of use contained in the Terms of Use, and you agree to use the Content in accordance with these Terms of Sale. You also agree to use PNRDV in accordance with these Terms of Sale

To be noted : the selling price will be indicated on our platform and on the distribution sites of our commercial partners offering the product.

With respect to our Content from PNRDV

When you purchase or download our Content from PNRDV, we will charge you, for each order, through our payment processing partner, the amount of the purchase to your account, in accordance with the specified terms and conditions (e.g., credit card, Stripe, or otherwise), when you click “submit” (or any similar term) on the uploaded order page.

The sale of the Contents is final, non-cancelable and non-refundable, and that it will be effective upon your clicking the “confirm payment” tab (or similar phrase), except as otherwise expressly provided within these Terms of Sale or by us in our sole discretion. The sale of the Content constitutes a license to use the Content in accordance with the provisions of these Terms of Sale and the Terms of Use.

When you place an order, you authorize Audace & Co. or our designated payment processing partner to automatically debit the purchase amount to the payment account indicated at the time of purchase. No purchase will be effective until the corresponding payment has been accepted and processed. The currency of payment will be determined according to your address. Audace & Co. reserves the right to report, investigate and prosecute to the fullest extent required or permitted by applicable law, any fraudulent, unauthorized or otherwise unlawful use of any payment account by any person on or through PNRDV. The price of Content is subject to change without notice.

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Before finalizing your purchase, a summary screen will appear, allowing you to check the details of your order and correct any errors.

The purchase will be effective only after full payment of the price of the latter and acceptance of the Terms of Sale in force at the time of placing the order via the checkbox system.

Upon purchase from PNRDV, we will send you an email confirming your purchase, which will allow you to access your content from your PNRDV account in the section provided.

You must ensure that your email and Internet security system will allow you to receive our emails, and that your photo player is installed and functioning properly in your device, in order to be able to view the Content properly. You expressly agree that by making the Content available for download, we will have fully satisfied our obligation to deliver or provide the Content, regardless of any failure or inability on your part to view, operate, use or store it.

You expressly agree that you must use devices and software that enable you to receive and play files with Content. Audace & Co. will make the Content files available as follows: downloadable photos will be provided in JPG format.

Before reading our policy, please note that the experience that is offered to your child is unique and spontaneously generated. Therefore, we cannot guarantee the quality of the exchange between Santa and the child. We can only guarantee the quality of the image and file that will be sent and uploaded to you.

For Content obtained on PNRDV exclusively

If you are not satisfied with our Content, we may decide, at our discretion, acting reasonably, to offer you the opportunity to reschedule with Santa Claus and to re-register for free with one of our business partners who offer the experience.

• You will need to make your request within 10 calendar days from the date of your purchase and before December 20, 2020.
• You will be required to provide us with such reasonable information as we may request, for example: Why don’t you like it? What technical problems have you encountered? Etc.).

Restrictions of use

You may not reproduce, distribute for commercial purposes, resell, or otherwise use the Materials other than as expressly permitted by Audace & Co. in these Terms of Sale.

Our prices exclude all applicable taxes. You will be responsible for all taxes applicable to the purchase.

We reserve the right to update or modify these Terms of Sale at any time in the future. If we do, we will change the “Last Updated” date at the top of these Terms and Conditions.