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TERMS & CONDITIONS OF USE

  • 1. General terms and conditions

    These terms and conditions govern the use of this site www.arsxp.com and our services. This site is owned and operated by ARS Expérience Inc. By using this site, you indicate that you have read and understood the terms and conditions and that you agree to abide by them at all times.

    Effective date: January 1st 2020.

  • 2. Intellectual Property

    All content published and made available on this site is the property of ARS Experience Inc. and its creators. This includes, but is not limited to, images, text, logos, documents, downloadable files and anything else that contributes to the composition of this site.

    Penality

    In the event of an illicit use of ARS Expérience Inc.'s rights and intellectual property on the part of the User, ARS Expérience Inc. will send him a written notice of default and will grant him a delay of five (5) days to remedy the default.

    The User who does not remedy the defect within the given delay will be charged a penalty of ONE HUNDRED (100 $) per day of infringement or violation of the above described intellectual property rights.

    The User agrees that in the event of an uncured default on his part, he must pay the agreed upon amounts to ARS Expérience Inc. as a penalty and not as liquidated damages, without any other formality or notice than the one mentioned above. This payment of penalties is without prejudice to other rights and recourses in injunction or damages that ARS Expérience Inc. may have against the defaulting user.

  • 3. Age restrictions

    The minimum age for using this site and our services is 18. Users agree that by using our site, they are over 18. We assume no legal responsibility for misrepresentation of age. Parental permission is required for users under the age of 18.

  • 4. Acceptable use

    As a user, you agree to use our site lawfully and not to use this site for any unlawful purpose, namely:

    • Harass or abuse other users of the site
    • Violate the rights of other users of the site
    • Violate the intellectual property rights of the site owners or any third party to the site
    • Hack into the account of another user of the site
    • Act in any manner that could be considered fraudulent
    • Participate in any illegal activity on the site
    • Post any material that may be deemed inappropriate or offensive

    If we believe that you are using this site illegally or in a manner that violates the above acceptable terms of use, we reserve the right to limit, suspend or terminate your access to this site. We also reserve the right to take any legal action necessary to prevent you from accessing our site.

  • 5. Account

    When you create an account on our site, you agree that:

    1. that you are solely responsible for your account and the security and confidentiality of your account, including any passwords or sensitive information attached to that account, and
    2. that all personal information you provide to us through your account is current, accurate and truthful and that you will update your personal information if it changes.

    It is reminded that the secrecy of correspondence is not guaranteed on the Internet and that it is the responsibility of each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet.

    We use GoDaddy Canada, Shopify, AWS and our database is hosted by MongoDB.

  • 6. Accuracy, completeness and timeliness of information

    We are not responsible for the accuracy, completeness or timeliness of the information made available on this site. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the content of this site is at your own risk.

    This site may contain certain historical information. Historical information, by necessity, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

  • 7. Third party links

    Some content, products and services available through our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not warrant and will not have any liability for any third party materials or websites, or any other third party materials, products or services.

    We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

  • 8. Sale of goods and services

    This document governs the sale of goods made available on our site.

    The goods and services we offer include but are not limited to:

    • Alternate reality games
    • Online interactive games

    The goods related to this document are the goods that are posted on our site at the time you access it. This includes all products listed as being out of stock. Any information, descriptions or images we provide about our goods are described and presented as accurately as possible. However, no warranty is given as to the accuracy of the descriptions and images of each product or service we provide. You agree to purchase these goods at your own risk.

    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

    The images of our products that appear in the catalog are for product demonstration purposes and are not necessarily accurate images of the product you are purchasing. We cannot guarantee that your display of any color or product will be accurate.

    We reserve the right to limit sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer.

    All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

  • 9. Payments

    We accept the following payment methods on this site:

    • Credit card
    • PayPal

    When you provide us with your payment details, you are confirming that you have authorized the use of and access to the payment instrument you have chosen to use. By providing us with your payment details, you are confirming that you authorize us to charge the amount due to that payment instrument. If we believe that your payment has violated a law or one of our terms of use, we reserve the right to cancel your transaction.

    Free trial
    We are offering a free puzzle that allows people to try our online scenario concept. The free puzzle is short and demonstrates a very basic version of our concept.

    The free puzzle does not require any purchase or paid subscription and can be cancelled at any time by simply stopping playing it.

  • 10. Price

    The prices displayed on the Site are indicated in Canadian dollars.

    Shipping costs and taxes (GST, QST and other taxes that may be applicable) will be indicated in the Customer's shopping cart before the order is finally confirmed.

    Prices may be modified at any time, without prior notice, particularly in the event of changes in fiscal or economic data. The items will be invoiced on the basis of the prices in force at the time of the order registration.

  • 11. Third Party Tools

    We may provide you with access to third party tools over which we have no control or input. You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement.

    We disclaim any and all liability arising from or related to your use of any optional third-party tools. Any use by you of the optional tools offered on the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).

    We may also, in the future, offer new services and/or features via the Website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Use.

  • 12. Errors, Inaccuracies and Omissions

    Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability.

    We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any associated website is inaccurate at any time without notice (including after you submit your order).

    We assume no obligation to update, modify or clarify any information in the Service or on any associated website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any associated website shall be deemed to indicate that all information in the Service or on any associated website has been changed or updated.

  • 13. Transport and deliveries

    When you make a purchase on our site, you agree and acknowledge to provide a valid email and shipping address for the order. We reserve the right to change, reject or cancel your order whenever necessary. If we cancel your order and have already processed your payment, we will give you a refund equivalent to the amount you paid. You agree that it is your responsibility to monitor your payment method. While we aim to provide you with an accurate estimate of shipping times and costs, these may vary due to unforeseen circumstances.

    The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

    ARS Expérience Inc. commits to inform the Client of the evolution of the processing of his order.

    In case of damaged packages (already opened, missing products...), the Client commits to notify the carrier and ARS Expérience Inc. by all means, all reserves within 10 days following the reception of the product.

    ARS Expérience Inc. cannot be held responsible for delays in delivery.

  • 14. Refunds

    Refunds and goods
    We accept refund requests on our site for products that meet one of the following requirements:
    1. The product is not functional or operable.

    Refund requests can be made within 10 days of receiving your goods.

    Returns
    Please contact us by email (info@arsxp.com) to request a refund.
    No return by mail is necessary.

    Product warranties
    1. Refund in case of difficulty in participating in a scenario from our catalog.

  • 15. Limitation of liability

    ARS Expérience Inc. or one of its employees will be held responsible for any problem arising from this site. Nevertheless, ARS Expérience Inc. and its employees will not be held responsible for any problem resulting from any irregular use of this site.

  • 16. Compensation

    As a user, you hereby indemnify ARS Expérience Inc. from and against any and all liability, costs, causes of action, damages or expenses arising out of your use of this site or your breach of any of the provisions set forth herein.

  • 17. Applicable laws

    This document is subject to the applicable laws of Canada and is intended to comply with its necessary rules and regulations.

    For EU residents, the GDPR is the applicable law governing this document. In the event of any inconsistency between any provision of this document and the GDPR, the rules of the GDPR shall prevail.

    The District of Trois-Rivières (Quebec, Canada) is recognized as the appropriate district for the hearing of any claim arising out of the interpretation, application, fulfillment, coming into force, validity and effect of the present.

  • 18. Divisibility

    If at any time any of the provisions set forth herein are determined to be inconsistent with or invalid under applicable law, such provisions shall be deemed void and shall be removed from this document. All other provisions shall not be affected by such laws and the remainder of this document shall continue to be considered valid.

  • 19. Additional Provisions

    1. The client is well aware that the elements and the media used in our scenarios can take many forms and that they can lead to believe that events are real. ARS Expérience Inc. cannot be held responsible if the client misinterprets an element of the game. All content created by ARS Expérience Inc. is intended for our interactive game scenarios and are fictitious and are in no way related to real facts. The content is created for recreational purposes only.

    2. The company reserves the right to disqualify a customer or withdraw the service for a customer who does not respect our terms of use. No refund will be given in such a case.

    3. It is forbidden for a customer to cheat or circumvent the rules of the game.

    4. It is forbidden to transmit answers to the puzzles or information that could affect the functioning of the game and the scenarios.

    5. Prices for services and products offered by ARS Expérience Inc. are in Canadian dollars, taxes not included. Prices are subject to change without notice and services and products will be charged at the rates in effect at the time of registration.

    6. The game elements that you must receive by mail will be shipped as soon as possible after the registration is processed. The shipping address is the one provided by the customer when purchasing their online experience. The delivery delays vary according to the delivery address. ARS Expérience Inc. is not responsible in the case of a delay due to an error on the part of the carrier or the client. If the delivery time of the carrier is slow, this extraordinary situation is beyond our control.

    7. We are not responsible for and cannot control third party information found online about our products, our experience or any content produced by ARS Expérience Inc. These are called "spoilers". ARS Expérience Inc. has no guarantee of satisfaction due to the unique and personalized nature of our products.

  • 20. Modifications

    These terms and conditions may be amended from time to time to maintain compliance with the law and to reflect any changes to the way we operate our site and the way we expect users to behave on our site. We recommend that our users check these terms and conditions from time to time to ensure that they are aware of any updates. If necessary, we will notify users by e-mail of changes to these terms and conditions or post a notice on our site.

  • 21. Contact

    Please contact us if you have any questions or concerns. Our contact information is as follows:

    (873) 804-0310
    info@arsxp.com
    1686 rang Saint-Felix Est, Notre-Dame-Du-Mont-Carmel, G0X 3J0 QC, Canada

PRIVACY POLICY

  • 1. Introduction

    Effective Date: July 1, 2020

    ARS Experience Inc ("us", "we", "our") operates the https://www.arsxp.com website (hereinafter referred to as the "Service").

    This page explains our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have regarding the collection, use and disclosure of that data.

    We use your information to provide and improve the Service. By using the Service, you consent to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meaning as in our Terms of Service, which are available at https://www.arsxp.com

  • 2. Definitions

    "Service": By Service we mean the https://www.arsxp.com website operated by ARS Expérience Inc. and all other related sites used for the game scenarios offered on the site.

    "Personal Data": Personal Data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession or likely to come into our possession).

    "Usage Data": Usage Data is collected automatically and is generated either by use of the Service or by the infrastructure of the Service itself (e.g., page view duration).

    "Cookies": Cookies are small files stored on your device (computer or mobile device).

  • 3. Data collection and use

    We collect several types of data for different purposes in order to provide and improve our Service to you.

    Types of data collected

    Personal Data
    When you use our Service, we may ask you to provide certain personally identifiable information that can be used to contact or identify you ("Personal Information"). Personally Identifiable Information may include, but is not limited to :

    • E-mail address
    • First and last name
    • Phone number
    • Address, city, state, zip code
    • Cookies and Usage Data

    We may use your Personal Information to send you newsletters, marketing communications or promotions and other information that may be of interest to you. You may choose not to receive any communications from us or to receive only certain communications from us by clicking on the unsubscribe link or following the instructions in each email we send, or by contacting us.

    Usage Data
    We may also collect information about how you access and use the Service ("Usage Data"). This Usage Data may include information such as the Internet Protocol address (i.e., IP address) of your computer, browser type, browser version, the pages of our Service you visit, the date and time of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

    Tracking and cookie data
    We use cookies and other similar tracking technologies to track activities on our Service, and we retain certain information.

    Cookies are small data files that may contain an anonymous unique identifier. Cookies are sent to your browser from a website and are stored on your device. Other tracking technologies such as pixels, tags and scripts are also used to collect and track information and to improve and analyze our Service.

    You can set your browser to refuse all cookies or to alert you when a cookie is being sent. However, if you do not accept cookies, you may not be able to use certain features of our Service.

    Examples of cookies we use:
    • Session Cookies. We use Session Cookies to operate our Service.
    • Preference Cookies. We use Preference Cookies to remember your preferences and settings.
    • Security Cookies. We use Security Cookies for security purposes.

  • 4. Uses of the data

    ARS Expérience Inc. uses the data collected for various purposes:

    • To provide and maintain our Service
    • To notify you of changes to our Service
    • To allow you to use the interactive features of our Service when you want
    • To provide customer support
    • To collect valuable data or analysis that will allow us to improve our Service
    • To monitor the use of our Service
    • To detect, prevent and fix technical problems
    • To provide you with news, special offers and general information about other goods, services and events we offer that are similar to those you have already purchased or inquired about, unless you have previously indicated that you do not wish to receive such information.

  • 5. Data transfer

    Information about you, including your Personal Information, may be transferred from your region, province, country, or other territorial division to, and stored on, computers located in a place where data protection laws differ from those of the territory in which you reside.

    If you reside outside of Canada and choose to provide us with information, please be aware that we transfer data, including Personal Information, to Canada and process it there.

    By agreeing to this Privacy Policy and then submitting such information, you consent to such transfer.

    ARS Expérience Inc. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and your Personal Data will not be transferred to any organization or country unless adequate controls are in place, including with respect to the security of your data and other personal data.

  • 6. Communication of data

    Business transaction
    If ARS Expérience Inc. is involved in a merger, acquisition or sale of assets, your Personal Information may be transferred. Before your Personal Information is transferred and becomes subject to a different Privacy Policy, we will notify you.

    Communication of data to law enforcement agencies
    In certain circumstances, ARS Expérience Inc. may be required to disclose your Personal Information if required by law or in response to valid requests from public authorities (e.g. a court or government agency).

    Legal requirements
    ARS Expérience Inc. may disclose your Personal Information if it believes in good faith that such disclosure is necessary to:

    • Fulfill a legal obligation
    • Protect and defend the rights or property of ARS Expérience Inc.
    • Prevent or investigate possible wrongdoing in connection with the Service
    • Ensure the personal safety of the users of the Service or the public
    • Protect itself against civil liability

  • 7. Data security

    The security of your data is important to us. However, please keep in mind that no method of transmitting data over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable methods to protect your Personal Information, we cannot guarantee its absolute security.

  • 8. Service Providers

    We may use third-party companies and individuals to facilitate the provision of our Service ("Service Providers"), perform the Service on our behalf, provide services related to the Service, or help us analyze how our Service is used.

    These third parties have access to your Personal Information only to perform these tasks on our behalf and are prohibited from disclosing or using it for any other purpose.

    Analysis
    We may use third party Service Providers to monitor and analyze the use of our Service.

    • Google Analytics
      Google Analytics is a web analytics service provided by Google that tracks and reports on website traffic. Google uses the collected data to track and monitor the use of our Service. This data is shared with other Google services. Google may use the data collected to contextualize and personalize ads in its own advertising network.

      You can prevent your activities within the Service from being made available to Google Analytics by installing the Google Analytics Opt out browser add-on. This plug-in prevents the Google Analytics JavaScript code (ga.js, analytics.js and dc.js) from sharing information about visit activities with Google Analytics.
    • For more information about Google's privacy practices, please visit Google's Privacy Policy and Terms: https://policies.google.com/privacy?hl=en

    Payments
    We may offer fee-based products and/or services as part of the Service. In such cases, we will use third party payment processing services (i.e., payment processors).

    We will not collect or store your payment card information. This data is provided directly to third-party payment processors, who use your personal data in accordance with their privacy policies. These payment processors adhere to the PCI-DSS standard managed by the PCI Security Standards Council, which is a collaborative effort between brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure secure processing of payment information.

    The payment processors we work with are:

    Mailchimp
    We use Mailchimp to communicate with our visitors and customers. We use the service to send you news about our products and services. You can read their policy at this address: https://mailchimp.com/legal/privacy/

  • 9. Links to other sites

    Our Service may contain links to other sites that we do not operate. If you click on a third party link, you will be redirected to that third party's site. We strongly recommend that you review the privacy policy of each site you visit.

    We have no control over, and accept no responsibility for, the content, privacy policies or practices of any third party sites or services.


  • 10. Children's privacy

    Our Service is not intended for persons under the age of 18 ("Children").

    We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you know that your Child has provided us with Personal Information, please contact us. If we learn that we have collected Personal Information from children without verifying parental consent, we will take steps to delete that information from our servers.


  • 11. Modifications

    We reserve the right to update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

    Before the change takes effect, we will notify you by e-mail and/or by placing a prominent notice on our Service and we will update the "Effective Date" at the top of this Privacy Policy.

    We recommend that you review this Privacy Policy periodically to be aware of any changes. Changes to this Privacy Policy are effective when posted on this page.

  • 12. Contact us

    If you have any questions about this Privacy Policy, please contact us:

    • By email: info@arsxp.com
    • By consulting this page on our website: https://www.arsxp.com
    • By mail: 1686 rang Saint-Felix Est, Notre-Dame-Du-Mont-Carmel, G0X 3J0 QC, Canada