Terms of Use

1. ACCEPTANCE OF TERMS OF USE

This is an Agreement between the Défi-Évasion group of companies (Défi-Évasion inc. and Défi-Évasion At Home inc., together “Défi-Évasion”), owner and operator of the website accessible at the address defi-evasion.com, the online game portal accessible on this site (the “Portal”), the Défi-Évasion At Home – AR and Défi-Évasion At Home – Audio mobile applications (the “Applications” or the “Application”) and escape game facilities (the “Locations”) (together the “Services”) and you (“you”), a user of the Services (“User”).

By using the Services, you acknowledge and accept these Terms of Use (the “Terms of Use”) as well as the Défi-Évasion Privacy Policy. If you choose not to accept these Terms of Use or the Privacy Policy, you must refrain from using the Services.

The Services are accessible to Users aged 16 and over. There must be at least one adult present at all times during a game session when there are any Users are under 16 years of age. By using the Services, you represent and warrant that you have reached the legal age of your place of residence to enter into a contract or that you have obtained the prior consent of a parental authority to use the Services.

2. MODIFICATIONS TO TERMS OF USE

Défi-Évasion reserves the right, at its sole discretion, to change or modify these Terms of Use or any part of these Terms of Use at any time without notice. The amended terms will be effective at the time of publication and will apply to your use of the Services from that time on.

3. USE OF SERVICES  

3.1. Functionalities. The Services allow you to obtain information on our products and services, to reserve and purchase a game at a Location, to purchase a game online and to enhance your immersive experience in a game.

3.2. Minimum age at Location. The minimum age to participate in an escape room game is 12 years old. All participants under the age of 16 must be accompanied by an adult.

3.3. Access and use of the Portal. During the term of this agreement, Défi-Évasion grants you a limited, non-exclusive and non-transferable right to access and use the Portal, for lawful use, in accordance with these Terms of Use (“Authorized Purposes”).

3.4. Access to the Portal. To access the Portal, you must have a mobile terminal and / or access to the Internet. You agree that it is your full and entire responsibility to ensure that the mobile terminal or device you are using has sufficient capacity to use the Portal.

3.5. Update of the Portal. You understand and agree that Défi-Évasion may, from time to time and at its sole discretion, develop and update the Portal. These updates may include upgrades, bug fixes or other error fixes and/or new features (“Updates”). Updates may also modify or remove in their entirety certain features and functionalities on the Portal. You agree that Défi-Évasion has no obligation to provide Updates or to continue to provide or activate any particular feature or functionality.

3.6. Access to and use of the Applications. To access the Applications, you must have a mobile terminal and access to the Internet. The Applications can be downloaded free of charge from the Apple Store and Google Play Store platforms (“Third Party Platform”) and are subject to the terms of use of these Third Party Platforms. Once you have either of the Applications installed on your device, all you need to do is launch the Application to use it. You agree that it is your full and entire responsibility to ensure that the mobile terminal or device you are using has sufficient capacity to launch and use the Application according to the specifications listed on the Third Party Platforms, if applicable.

3.7. Updating Applications. You understand and agree that Défi-Évasion may from time to time and at its sole discretion develop and provide Updates to the Applications. Updates may also change or completely remove certain features and functionalities of the Applications. You agree that Défi-Évasion has no obligation to provide Updates or to continue to provide or activate any particular feature or functionality. Depending on the settings of your mobile device, when it is connected to the Internet:

•     The Application will automatically download and install all available Updates; or

•     You may receive a notification or be prompted to download and install available Updates.

You should download and install all Updates when they are available. You agree that the Application or some of its features may not work if you do not update it. You further agree that all Updates will be considered part of the Application and will be subject to all of the terms of these Terms of Use.

3.8. Restrictions. You may not (i) use the Services for purposes other than the Authorized Purposes, (ii) copy, distribute or disclose all or part of the Services on any medium, including through any tool or a web scraping technique, automated or not, (iii) use an automated system, including web crawlers and offline readers, to access the Services, (iv) transmit, by means of the Services, spam, letters forming part of a chain or any other form of unsolicited e-mail, (v) attempt to interfere with the servers of the Services, compromise the integrity or security of their system or decrypt a transmission to or from these, (vi) take an action which, at the sole discretion of Défi-Évasion, imposes or risks imposing an unreasonable or disproportionately heavy load on the infrastructure of the Services, (vii) upload data, viruses, worms or other malware through the Services, (viii) collect, extract or harvest information that may be used to identify individuals from the Services, (ix) impersonate a person or otherwise make false representations concerning your affiliation with a person or entity, commit fraud, conceal or attempt to conceal their identity, (x) interfere with the proper functioning of the Services, (xi) access any content of the Services using any means or technologies other than those provided or authorized by the Services, (xii) circumvent the measures that Défi-Évasion may use to prevent or restrict access to the Services, including functionalities that prevent or restrict the use or copying of the content of the Services or which imposes limits on the use that can be made of the content of the Services, (xiii) modify, disassemble, decompile, reverse engineer, adapt or create derivative works of the Services, or (xiv) otherwise use the Services in contravention of any applicable law.

3.9. Investigations and prosecutions. Défi-Évasion reserves the right to investigate and prosecute any violation of the Terms of Use, to the fullest extent permitted by law.

4. DÉFI-ÉVASION ACCOUNT  

4.1. Creation of an account. Certain features of the Services require the creation of a User account. When creating a User account, you agree to provide Défi-Évasion with true and complete information about yourself as required by the registration process, and to make the necessary updates so that they are accurate at all times. In the event of a violation of this paragraph 4.1, Défi-Évasion may terminate your right to use the Services, at its sole discretion.

4.2. Responsibility for your account. You are entirely responsible for ensuring and maintaining the confidentiality of your account. In addition, you are fully responsible for all activity taking place from your account. You agree to immediately notify Défi-Évasion of any unauthorized activity occurring on your account or any other breach of security.

4.3. Account security. Défi-Évasion cannot guarantee that unauthorized third parties will never succeed in circumventing the security measures of the Services or that they will not make illicit use of information found on the Services that you have provided to Défi-Évasion and allowing you to identify yourself (“Personal Information”). You acknowledge that you provide your Personal Information at your own risk.

4.4. Use of other accounts. You are prohibited from using another person’s account at any time.

4.5. Account suspension. If Défi-Évasion determines that you have violated these Terms of Use, Défi-Évasion reserves the right to suspend or deactivate access to your account without notice. Défi-Évasion reserves the right to reactivate access to your account at its sole discretion. Défi-Évasion may also suspend or deactivate your account if you infringe third-party intellectual property rights or if the law requires us to do so. We invite you to contact Défi-Évasion to try to resolve any such problem and obtain the reactivation of your account as soon as possible.

4.6. Closing the account. Défi-Évasion reserves the right to delete any account that has been inactive for a period of at least one (1) year, as well as any data associated with such an account. However, no data will be deleted without prior notice to the account holder.

4.7. Interruption of the account. You can interrupt or close your account by cancelling the products in your possession, for any reason, at your sole discretion and without notice, without responsibility towards Défi-Évasion.

5. RATES AND METHOD OF PAYMENT

5.1. Rates. The prices of our products and services are in Canadian dollars, taxes not included. Défi Évasion reserves the right to modify its rates at any time.

5.2. Purchase of products and services. If you purchase a product or service, you must provide Défi-Évasion with information relating to the method of payment. You must ensure that all the information you send us is accurate and up to date, failing which we reserve the right not to proceed with your purchase, at our sole discretion. Défi-Évasion reserves the right, in its sole and absolute discretion, to modify the authorized payment methods at any time, including, in particular, the payment options by bank account and / or other acceptable payment methods.

Défi-Évasion uses third-party providers (“Third Parties”), such as PayPal, Stripe and Global Payment, to process your payments, whether it is online, by phone or in person at our Locations. Payment processing will be subject to the Terms of Use and Privacy Policy of such Third Parties. In other words, in order to use our Services, you will need to agree to be bound by the Terms of Use of these Third Parties.

5.3. Final Sale on Portal. Any sale of an online game is a final sale. No exchange, credit or refund will be accepted once the sale has been confirmed.

5.4. Final Sale at Locations. Any sale in at one of our Locations constitutes a final sale. No credit will be issued nor refund accepted once the sale has been confirmed. The User may however, subject to receipt of a notice given more than 24 hours in advance, be offered the possibility of postponing their appointment at a Location to a later date. In other words, the cancellation of a reservation at one of our Locations must be made at least 24 hours in advance via the Portal, otherwise no possibility of postponement will be offered.

5.5. Intoxication. Access to a Location may be prohibited or refused to Users under the influence of alcohol, drugs or any other controlled substance. Défi-Évasion and its staff reserve the right to refuse access to anyone, without obligation to give a reason. No partial or full reimbursement of costs will be granted in such a situation.

5.6. Consent and Acceptance. By clicking on any navigation button located at the bottom of the transaction or operation pages of our Online Services or by booking an escape room at one of our locations for you or a group, you confirm that you have carefully read and understood the terms, conditions and terms of use relating to the purchase of your online game or booking of your escape room and acknowledge that this action constitutes proof of your commitment to be bound by them.

6. INTELLECTUAL PROPERTY  

6.1. Trademarks. All trademarks (including words, expressions and logos) used by Défi-Évasion to distinguish it, or its products or services from those of others, belong to Défi Évasion. The Défi-Évasion trademarks may not be used, reproduced or imitated, in whole or in part, without the prior written permission of Défi Évasion.

6.2. Copyright. All original works reproduced or published offered as part of the Services are protected by copyright. The content of the games, which includes, without being limited to the texts, scenarios, illustrations, styles, photos and videos, are the exclusive property of Défi-Évasion and, as the owner of the copyright in each work, Défi-Évasion reserves all rights relating thereto. You acknowledge that it is a violation for any person to perform, without the consent of the copyright owner, any act that under applicable laws only that owner has the power to perform.

6.3. Other rights. The Services, or any part thereof, may be protected by industrial designs or patents. Défi-Évasion reserves all rights to the Services which are not expressly granted. You agree not to use, copy or distribute any content from the Services other than to the extent permitted.

6.4. Feedback. Défi-Évasion is free to use, profit from, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas aimed at improving or modifying the Services or any other Défi-Évasion product or service in any way (“Feedback”), without compensation or attribution to the User or to any person who provided this Feedback.

6.5. Documentation. Défi-Évasion will, from time to time, provide the User with documentation, online or in any material form, describing the characteristics, operation and use of the Services (“Documentation”). The User understands and agrees that they may reproduce and use the Documentation only as necessary to support the use of the Services.

7. CONFIDENTIAL INFORMATION  

7.1. Definition. For the purposes of this article 7, “Confidential information” means any important, non-public information related to Défi-Évasion (including any trade secret and any information on the nature of the games in particular, the puzzles/riddles and the scenarios), written or spoken, whether or not it is marked as confidential.

7.2. Obligation of confidentiality. The User must keep confidential all of Défi-Évasions’s Confidential Information that the latter has disclosed to them or that it has made available to them, directly or indirectly, by any means of communication or observation. Without limiting the foregoing, Défi-Évasion reserves the right, at its discretion, to prohibit personal effects at the Locations that may interfere with the smooth running of the Services, including, without being limited to (i) cell phone, (ii) camera, (iii) laptop, (iv) tablet, (v) calculator, (vi) recorder, (vii) paper, (viii) pencil, (ix) pen, (x) key, (xi) flashlight, (xii) ) or any other object considered harmful.

7.3. Limited purposes. The User may only use Confidential Information for the purpose of using the Services.

7.4. Non-disclosure. The User may not disclose Confidential Information to a third party, except to the extent that such disclosure (i) is permitted by these Terms of Use, (ii) has previously been consented to by Défi-Évasion in written and signed form or (iii) is required by law.

7.5. Notice. The User must notify Défi-Évasion promptly and in a timely manner if the User is required by law to disclose any Confidential Information or becomes aware of any unauthorized disclosure of Confidential Information.

8. DIGITAL COMMUNICATIONS 

When you provide Défi-Évasion with your e-mail address through the Services, you expressly consent to Défi-Évasion keeping your e-mail address in its databases. You also accept that it may use this e-mail address in its mailing lists in order to communicate with you to (i) carry out surveys or verifications concerning the Services, in particular relating to its functionalities, its user-friendliness, and your appreciation of these, (ii)  inform you of information and news relating to Défi-Évasion , (iii) where applicable, send you photos of your game session at our Locations, or (iv) for any other reason relating to the Services or the safety/security of the Users.

9. HYPERLINKS

The Services may contain hyperlinks to external websites, which take you out of the Services (“External Sites”). You acknowledge and agree that Défi-Évasion is not responsible for the availability of these External Sites or the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any endorsement by Défi-Évasion of such External Sites. You agree to assume all risks arising from your use of External Sites. By using the Services, you expressly release Défi-Évasion from any liability arising from your use of any External Site.

10. NO GUARANTEES

10.1. No guarantee for the Services. The Services are provided to you “as is” without any guarantee. To the fullest extent permitted by applicable law, Défi-Évasion disclaims all guarantees, expressed or implied, including guarantees as to the level of difficulty, accuracy,or  absence of error in the content. Défi-Évasion may update the Services without prior notice to Users. Although Défi-Évasion does everything in its power to ensure that the information presented in its Services is complete and accurate, Défi-Évasion cannot guarantee that such information is free of all errors, omissions and inaccuracies.

10.2. No guarantee for the Portal and the Applications. Défi-Évasion does not guarantee the absence of bugs, inaccuracies, errors, or other harmful elements. The Portal as well as the Applications depend on the Internet to be able to function. Défi Évasion declines all responsibility in the event of network unavailability or problems related to operating systems. No right to compensation is granted under this paragraph. Défi-Évasion reserves the right to cease—without notice, without compensation and at its sole discretion, either definitively or provisionally—providing all or part of the functionality of the Portal or the Applications.

11. LIMITATION OF LIABILITY 

11.1. Limitation of liability for the Services. You acknowledge and agree that you assume all riskS arising from your access or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, Défi Évasion, its affiliates, directors, employees, agents, licensors or successors and beneficiaries, may under no circumstances be held liable for damages of any kind, including loss of use, loss of profits or loss of data, whether in contractual proceedings or tort, or otherwise, arising directly or indirectly from the use or performance of the Services, including any damage caused by or resulting from the confidence of a User in any information obtained by the Services, or resulting from an error, omission, interruption, deletion of file or e-mails, defects, viruses, delays in the operation or transmission or any failure in execution . Without limiting the generality of the preceding, Défi-Évasion will not be liable for the non-performance, in whole or in part, of any of its obligations towards you, nor for the damages or losses that you may suffer, if the non-performance, the damage or losses result from a case of force majeure or a circumstance beyond its control, including, without limitation, in the case of a pandemic.

11.2. Limitation of liability for the Portal and the Applications. Défi-Évasion undertakes to implement all necessary means to ensure the best possible access to the Portal and the Applications. You are solely responsible for accessing your account. You agree to keep your password confidential and not to pass it on to third parties. In general, you accept and acknowledge that your use of the Portal and the Applications, including the information you disseminate, is made under your sole and entire responsibility. Défi-Évasion cannot be held responsible and cannot be required to compensate you for any direct or indirect damage resulting from the unavailability of the Portal or  Applications. Défi-Évasion cannot be held responsible in this regard for any damage resulting from the loss, alteration or fraudulent use of data, the accidental transmission of viruses or other harmful elements,  or the attitude or behaviour of a Third Party. It does not incur any liability due to (i) the inability to access the Portal or the Applications, (ii) improper use of the Portal or the Applications (iii) saturation of the Internet network, (iv) possible malfunctions on the mobile terminals you are using, (v) in the event of force majeure or an act beyond its control.

11.3. Limitation of Liability for Physical Damage. Games at our Location may involve certain risks of injury related mainly to the stress caused. The use of the Services is not recommended for pregnant women and people suffering from heart problems, hypertension, claustrophobia or similar conditions. You acknowledge that you have read and understood the risks relating to the Location Services and agree to use the Services at your own risk. Défi-Évasion cannot be held responsible for any damage, direct or indirect, resulting therefrom.

12. INDEMNIFICATION

12.1. Indemnification. By using the Services, you agree to defend, indemnify and hold harmless Défi-Évasion, its subsidiaries and related companies, as well as their respective officers, agents, directors, employees, licensors and beneficiaries, from any claim, demand, damage, obligation, loss, liability, cost, debt, expense (including legal fees and disbursements) and amount paid for a settlement arising out of or related to your use of the Services, or your violation of the Terms of Use or the rights of Third Parties. Défi-Évasion may assume the defense and exclusive control with respect to any matter for which you have agreed to indemnify Défi-Évasion and you agree to assist and cooperate with Défi-Évasion in the defense or settlement of any litigation.

12.2. Compensation for breakage of equipment. You agree to handle the Défi-Évasion facilities and the equipment made available to you with care. You agree that Défi-Évasion has the right to claim full compensation for any damage or damage caused to a Location, including, without being limited to, escape game rooms, objects or furniture. You also understand that Défi-Évasion has the right to end the game at any time, if you or one of the participants does not respect the Terms or refuse to follow the instructions of the Défi-Évasion staff. You understand that if Défi Évasion terminates the game in such circumstances, no refund will be provided.

13. TERMINATION

13.1. Termination by Défi-Évasion. Défi-Évasion may terminate or suspend your access or your use of the Services, immediately, without notice and without incurring any liability, for any reason whatsoever, including violation of this agreement.

13.2. Effect of termination. Upon termination of your access or right to use the Services, your right to use or access the Services will cease immediately.

13.3. Continuation(survival) of provisions. The provisions of this agreement which by their nature should survive termination of this agreement, will survive such termination, including provisions relating to intellectual property, lack of guarantee, limitation of liability and indemnity. Termination of your access and use of the Services does not release you from any obligations prior to termination and does not limit any liability you may have towards Défi-Évasion or a Third Party.

14. LITIGATION

14.1. Class action. Except in circumstances where applicable laws prohibit 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 plaintiff or member a class action, in any proceeding by representation or in a class action and, unless the parties decide otherwise, an arbitrator cannot join the claims of more than one person.

15. APPLICABLE LAWS  

This agreement is governed by and interpreted in accordance with the laws in force in the province of Quebec, without giving effect to the rules applicable in the event of conflicts of laws. Your conduct may also be subject to other local or national laws.

16. GENERAL

16.1. Entire agreement. These Terms of Use and the Privacy Policy replace any previous agreement between you and Défi-Évasion and constitute the entire agreement between you and Défi-Évasion.

16.2. Modification. Défi-Évasion reserves the right to modify this document at any time and for any reason. Défi-Évasion will publish the most recent version of this document at the following address: https://defi-evasion.com/wp-content/uploads/2021/03/2020-03- 29-Conditions-dutilisation-De%CC%81fi-E%CC%81vasion_APP.pdf. You are responsible for complying with published to the document. Your continued use of the Services after the publishing of the amended version of this document indicates your full acceptance thereof.

16.3. Assignment. You may not assign or transfer these Terms of Use and the Privacy Policy or any other rights or obligations relating thereto.

16.4. Waiver. Défi-Évasion’s negligence or delay in exercising any right, remedy, power or privilege in accordance with the Terms of Use does not constitute a waiver of such rights, remedies, powers or privileges. To be valid, a waiver must be in written form and must be signed by Défi-Évasion. A written waiver of a default cannot be interpreted as constituting a waiver of any other default or default of the same nature that may arise in the future.

16.5. Invalidity or unenforceability. Even if one or more provisions of this Terms of Use Agreement or the Privacy Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the other provisions of this Terms of Us Agreement or of the Privacy Policy; this Terms of Use Agreement or the Privacy Policy will then be interpreted as if the invalid or unenforceable provision had never been part of this Terms of Use Agreement or the Privacy Policy.

17. CONTACT US 

Défi-Évasion appreciates your comments and questions, which you can send to contact@defi-evasion.com.