TERMS AND CONDITIONS OF SALE

Last update: May 28, 2018

Welcome to the www.singawish.com site offered by André Philippe Gagnon Inc. ("APG" or "this site")

These are the general terms and conditions applicable to all sales concluded on this website. By purchasing song greetings through this website, you acknowledge that you are subject to the following terms and conditions of sale (hereinafter the "TCS"). You also acknowledge that you have read, understood and accepted these TCS.

APG reserves the right to modify these TCS at any time and at its sole discretion. The date of the last update is always indicated at the top left of these TCS. In the event that major modifications are made to these TCS, APG will display a notification on the homepage of this website.

Language

Please note that song greetings are only offered in English. The song greetings are sung to the tune of the well-known song "Happy Birthday."

Selected delivery date

Please not that the delivery date of song greetings may be selected up to a maximum of one (1) year in the future. Any order for a delivery date beyond this period will be rejected.

Order

To purchase song greetings, select the artist that André-Philippe Gagnon will imitate, then enter the first name of the person to whom the song greeting will be sent. You may also add a personalized note to the delivery email. Next, complete the order form and make your payment. When the order is accepted, an order confirmation will appear on the screen. You may print this order confirmation for your records. An audio link will be sent to the recipient of your choice by email or text on the date you selected. You will also receive a copy of this link by email at the same time. When your recipient receives the audio link, he or she will activate the song greeting by clicking on the link. Any order placed on this transactional website is subject to prior acceptance of payment by the payment gateway Stripe. Be advised that this payment platform has its own terms of use with which you must comply when using it to make your payment. Accepted orders are sent as soon as possible on the previously selected date. In the event of a technical difficulty, a notification will appear beside the ordered product and in your shopping cart.

Price and payment terms

The prices shown on this transactional website are in Canadian dollars and do not include applicable taxes. Credit card is the only accepted payment method.

Responsibility

You are solely responsible for the choices made when you fill out the order form. Please read through it carefully in order to make sure that all the information you have entered is accurate before submitting the order. You will thus ensure that the song greetings will be delivered to the right recipient on the selected date.

Help

In the event that the audio link is corrupt or that the song greetings do not correspond to what was ordered, please contact our customer service by email: [email protected].

Security

Please note that the payment gateway Stripe is secure and information about your payment and transaction is protected by SSL encryption.

Terms of use of the audio link

The audio link is intended for personal, not commercial, use. It must not be reproduced, copied, publicly distributed or broadcast, altered in any way or used to create derivative works without APG’s prior written authorization. Copyright for the ordered audio link belongs exclusively to APG. If you are a media representative, please request authorization from APG prior to any publication, communication or reproduction of the content of this site, as well as any broadcast or public performance of an audio link.

Website terms of use

In addition to abiding by the TCS, you must abide by all laws and regulations in effect in the country from which you visit the site. It is strictly prohibited to use this site or its content in such a way as to violate the laws and regulations in effect in the country from which you visit the site.

Intellectual property / copyright / trademark

This website, its content and all photos or images on the site are subject to copyright. Any reproduction, copying or use of such photos or images is strictly prohibited.

Warranty limitations

The audio links are not covered by any warranty. You waive all express, implied or statutory warranties in favour of APG. This site is made available "as is" without any warranty. Within the limits of the applicable laws, APG disclaims any express or implied warranty, without any limitation, particularly including any implied warranty of title, merchantability, fitness for a particular use or non-infringement. APG also disclaims, within the limits permitted by law, any warranty to the effect that the site, its content or the audio link will meet your requirements, that their use will be continuous, secure or without error or that the products purchased or obtained through this site will meet your expectations.

Limitation of Liability

Under no circumstances shall APG be liable for direct or indirect damages resulting from the use or improper use of the site or the audio link. APG shall not be liable for fees incurred in order to purchase replacement products nor for any damages or losses of profit or use of data, even if APG was made aware of it. Under no circumstances shall APG’s total liability to you for any damages exceed the amount paid for an audio link.

Protection of personal information

When you place an order, this site will collect A) anonymous electronic identification information by the commonly known tools "cookies", which is used for statistical purposes to calculate site traffic; and B) your personal information, namely (and only) your first and last name, your email, the recipient’s email and his or her date of birth in order to (1) complete the sale of song greetings; (2) send the audio link to your selected recipient; (3) enable customer service to assist you (by phone or email); (4) perform a survey on product satisfaction. By filling out the order form, you consent to the collection, use and communication of this personal information by this site for the purposes cited above. This information will not be communicated to any third parties. This site only keeps the personal information cited above. This site keeps personal information only for the amount of time it is necessary for one or more of the purposes cited above or as required by law. Measures to delete information that is no longer necessary or required by law have been put in place and are implemented. You may contact the person responsible for personal information management at any time, by email, at the following address: [email protected]. At your request, the head of personal information management may communicate with you in order to rectify or correct, as necessary, any personal information you submitted to us. We are taking measures to protect the security of your personal information, which is kept on a cloud server of Microsoft Azure located in Eastern Canada. Only our employees who need this personal information have access to it. This site contains technical security measures that protect against the loss, alteration and unauthorized use of this information. To bring any complaint or comment about the collection, use or communication of your personal information to the attention of the head of personal information management, please send an email to the following address: [email protected].

Stripe

All financial transactions conducted on this website are handled by our partner Stripe ("Stripe"). By paying for any order using Stripe, you accept to be subject to that company’s privacy policy, available at the following address: https://stripe.com/ca/privacy and to its applicable terms. For more information, please visit https://stripe.com/ca/. Your financial transactions are secure. Stripe applies standard payment application data security and assumes full responsibility for these transactions. Be advised that Stripe in no way shares any of your personal information or any confidential information regarding related completed financial transactions using its system. Thus, all personal and confidential information used to submit payments is collected, processed and stored only by Stripe in order to identify you and to submit the required payment. This site does not collect or have access to any of this personal or confidential information.

Hyperlinks

This site may contain links to third-party sites in order to enable the intended sale of the selected product, such as the payment gateway Stripe. These third-party sites have their own terms and conditions of use and privacy policies, which are not the same as those of this site. Your use of these third-party sites will be governed by their terms and conditions and their privacy policy. Although APG shall make reasonable efforts to ensure the quality of the links to third-party sites, you acknowledge that APG has no control over the content of these third-party sites and is not responsible for the functionality or for the application of the terms of use of these third-party sites or for any transaction that you may carry out on these third-party sites. When you access a third-party site, you do so at your own risk.

Applicable law and jurisdiction

Your use of this website is governed by the provisions of the Civil Code of Québec and the laws of Canada. You acknowledge and accept that any legal proceedings that may be instituted concerning your order or the interpretation, application, fulfilment, entry into force, validity or effects of these TCS must be brought before the Montreal judicial district in Québec, Canada, to the exclusion of any other jurisdiction.

Entire Agreement

These TCS represent the full and complete agreement between the parties concerning the purchase of products on this website. No statement, representation, promise or condition not contained in these TCS may or shall be allowed to contradict, modify or affect in anyway whatsoever the terms of these TCS. The possible illegality or invalidity of an article, paragraph or provision of these TCS may in no way affect the legality of the other articles, paragraphs or provisions of this agreement, or the rest of said article, paragraph or provision, unless the contrary intention is evident in the text.

Questions?

You may have questions after having read these TCS and the website manager is happy to answer your questions. Please send us your questions by email to the following address: [email protected]. The website manager will make reasonable efforts to reply to all your requests within a reasonable period, but the manager of this website does not guarantee that he or she will be able to respond to your requests in a satisfactory or complete manner.

If you ever have a problem to bring to our attention regarding the products displayed on the website or with the content of this website, the website manager invites you to write to the following address: [email protected]. The website manager will gladly respond to your enquiry and try to resolve your problem.

Thank you for your trust in us!
Best wishes!
(s) André Philippe Gagnon

© 2020 APG. All rights reserved

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