Terms of Service
VERSION: 1.0.1
Last Updated: November 18th, 2020
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS ARE PROVIDED TO YOU BY ENCHANT CHRISTMAS LIGHT MAZE & MARKET LTD. AND ITS AFFILIATES (COLLECTIVELY, “ENCHANT CHRISTMAS”, “WE”, “US” OR “OUR”) AND GOVERN YOUR USE OF ANY PART OF THE ENCHANT SANTA CALLS WEBSITE, MOBILE SITE, MOBILE APPLICATION, OR OTHER SYSTEM OR SITE ON WHICH THESE TERMS ARE POSTED, INCLUDING ANY FUNCTIONALITY, CONTENT AND SERVICE INCLUDED THEREIN AND MADE AVAILABLE TO YOU BY ENCHANT CHRISTMAS (COLLECTIVELY, THE “SERVICE”). THESE TERMS SHALL APPLY AND BECOME BINDING ON THE FIRST DATE THAT YOU ACCESS ANY PART OF THE SERVICE OR USE ANY OF THE FUNCTIONALITY PROVIDED THROUGH THE SERVICE.
BY ACCESSING OR USING THE SERVICE OR BY OTHERWISE ACCEPTING THESE TERMS, YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH ENCHANT CHRISTMAS WITH RESPECT TO YOUR ACCESS TO AND USE OF THE SERVICE AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE.
NOTICE OF BINDING ARBITRATION AND WAIVER OF CLASS ACTION: THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THIS SERVICE. PLEASE REFER TO THE “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” SECTION BELOW FOR MORE INFORMATION.
1. Minimum Age
You represent that you are at least 18 years of age (or the age of majority in the State or Province in which you reside, if that age is greater than 18). If you are under the age of 18 (or the age of majority in the State or Province in which you reside. If that age is greater than 18): (a) your parent or legal guardian may enter into these Terms on your behalf and approve your use of the Service; and (b) you may use the Service only under the supervision of your parent or legal guardian who has agreed to be bound by these Terms.
2. Modifications
We may make changes to any part of the Service or these Terms at any time to time. We will provide you with notice of the proposed changes to these Terms by posting an amended version of these Terms with a new version number at https://santacalls.com/terms-of-service or in the App. We will indicate the date the Terms were last updated at the top of the updated version of these Terms and will include a link to the previous version of these Terms beneath the new version number.
The changes to these Terms will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of these Terms will continue to apply. If you disagree with any changes to these Terms, you may terminate these Terms by ceasing to use the Service at any time within the 30-day period before the changes take effect. If the changes to these Terms increase your obligations under these Terms, or decrease our obligations under these Terms, then you can also terminate in the 30 days after the changes take effect. In either case, there is no cost or penalty for terminating. If you do not cease using the Service during that time, then by your continued use, you are considered to have accepted the proposed changes.
3. Privacy
Please click here to view the Enchant Santa Calls App Privacy Policy, which applies to personal information collected from or provided by or about you through the Service.
4. Links to Third Party Services
The Service may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third Party Materials”). Third Party Materials are provided solely as a convenience to you, and Enchant Christmas is not responsible for, does not endorse, and makes no representation regarding any Third Party Materials. If you decide to visit any third party site linked to this Service, you do so at your own risk. We encourage you to review the privacy policy and terms of use for such third party sites.
5. Termination by Enchant Christmas; Surviving Terms
Enchant Christmas reserves the right, in its sole discretion, to limit, suspend or terminate your access to or use of the Service at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which Enchant Christmas may be entitled at law or in equity. Upon termination of these Terms, your right to use the Service will immediately cease and you must discontinue use of the Service and delete the Enchant Christmas mobile application from your mobile device. Enchant Christmas reserves the right to immediately and permanently deactivate your Account (as defined below) and delete any information or content stored through your Account. The following Sections will survive any termination of these Terms: Sections: 2, 3, 5, 6, 7, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21 and 22.
6. Your Content
The Services enable you to create, transmit, receive, upload and store content, which may include any actual or simulated likeness, image, voice, name, or other personal characteristics in any and all media or distribution methods (now known or later developed) in connection with providing the Service (“User Content”). We do not claim ownership of such User Content, but you grant to Enchant Christmas a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, prepare derivative works based on and publicly perform, display and distribute any User Content you submit to the Service. You waive any moral rights which you may hold in User Content, and to the extent that you hold any unwaivable rights, you consent to our use of the User Content as contemplated in these Terms and the Enchant Santa Calls App Privacy Policy. We may use your User Content for the purpose of providing the Service to you, as contemplated in the Enchant Santa Calls App Privacy Policy and for any other purpose that you may authorize from time to time. You agree that we may sublicense this right to our affiliates and business partners that assist us in providing the Service.
You understand that Enchant Christmas does not control who sees your User Content once you share it outside the Service. You should not submit any User Content that you are legally prohibited from sharing or disclosing to us, or includes information you wish to remain confidential. In addition, while Enchant Christmas has implemented measures designed to secure your User Content from accidental loss and unauthorized access, use, alteration and disclosure, if you choose to record and store any User Content through the Service, you understand that Enchant Christmas cannot guarantee that unauthorized third parties will not be able to defeat those measures. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE SERVICE, YOU DO SO AT YOUR OWN RISK.
You represent and warrant that: (i) you own or have all requisite permissions to use and share any User Content you submit to the Service, and (ii) that User Content is non-infringing and does not otherwise violate the rights of any person or entity. You will indemnify Enchant Christmas and its affiliates and business partners for all claims resulting from User Content you submit to the Service.
Enchant Christmas may access, review, screen and/or delete any User Content if it believes that it violates these Terms or any policies of Enchant Christmas in its sole discretion at any time, although in no event is Enchant Christmas obligated to do so.
7. Enchant Christmas Intellectual Property
The Service, including any and all software, tools, code, functionality, and content covered by intellectual property rights that we have and make available through the Service (e.g., data, graphics, images, visual elements, filters, videos, sounds, etc.), but excluding your User Content (collectively, the “Enchant Materials”) is the property of Enchant Christmas and its licensors. Enchant Christmas grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view and use the Enchant Materials for your personal use in accordance with these Terms. To the extent we make any Enchant Materials available to add to your User Content, you may store, copy, publish and share such Enchant Materials as incorporated into your User Content with your Enchant Santa Calls message and call recipients. Enchant Christmas may revoke this license at any time for any or no reason, with or without notice to you.
8. Use of the Service
We expect you to use the Service responsibly and to respect the rights of others. You agree that when using the Service, you will not:
- access data not intended for you or log onto a server or an account that you are not authorized to use;
- circumvent or modify, or attempt to or assist another in circumventing or modifying, any security technology or software that is part of the Service;
- interfere with service to any other user, or the software, networks or systems that we use to bring the Service to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the Service;
- decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Service;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Service other than the search tools available on the Service and other generally available third-party web browsers;
- transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Service;
- use the Service in a manner that infringes any intellectual property, privacy or publicity rights of others, including the recipient; or
- use the Service in a manner that violates any laws or regulations or the rights of others.
As a user of the Service, you are responsible for your communications through the Service. Therefore, you agree not to use the Service to:
- transmit material that is copyrighted or otherwise protected, unless you are the owner of such material or have the permission of the owner to do so;
create, distribute, store or publish Enchant Santa call content without the permission of the Enchant Santa call recipient;
- create, transmit or publish any User Content that is offensive, threatening, abusive, defamatory, derogatory, libelous, harassing, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, or racially, ethnically or otherwise objectionable; or
- send advertisements, solicitations of business, spam (including any commercial electronic message that violates the CAN-SPAM act or Canada’s Anti-spam Laws);
- facilitate pyramid schemes or multi-level marketing; or
- engage in fund-raising or political campaigning.
Any violation of these Terms or any unauthorized use of any information or materials displayed on or available from the Service that may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations may result in, among other things, termination of your access to the Service by Enchant Christmas.
9. Trademarks
The trade names, marks and logos appearing in the Service are, unless otherwise noted, trademarks owned by or licensed to Enchant Christmas. The use of these marks, except as provided in these Terms, is prohibited. You may not use Enchant Christmas’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services, for promotional, advertising or any other commercial purpose, unless and to the extent Enchant Christmas specifically agrees in writing.
10. Feedback
Enchant Christmas welcomes your comments and suggestions regarding the Service. However, you acknowledge that if you send or submit to Enchant Christmas any suggestions, ideas, comments about the Service (collectively, “Feedback”), you are granting us a perpetual, irrevocable, transferable right to use such Feedback for any purpose and without restriction, without compensation to you.
11. Digital Millennium Copyright Act (“DMCA”) Infringement Notice
Enchant Christmas endeavors to observe the requirements of the Digital Millennium Copyright Act. If you believe that any content or materials available on the Service infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to our designated copyright agent:
Attn: Danielle Mandrafina
Enchant Christmas Light Maze & Market Ltd.
304-901 3rd St. West
North Vancouver, BC V7P3P9
contracts@enchantchristmas.com
You must include the following items in your complaint:
- a description of the copyrighted work;
- a description of the material appearing on the Service (including where the material appears on the Service) that you wish to be taken down;
- your telephone number and either an e-mail address or physical mailing address where we may contact you;
- a statement by you of your good faith belief that the use of the material on the Service is not authorized by the copyright owner, the copyright owner’s agent or the law;
- a statement by you that the information in your complaint is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
12. Use of the Enchant Christmas Mobile Application
If you are accessing the Service through the Enchant Christmas mobile app (the “App”) or through any other system or site on which these Terms are posted, you agree to use such App in accordance with these Terms and any applicable third party terms, rules or agreements, such as those published by your third-party mobile phone or tablet operating system, wireless data service provider, or the third party from whom you are downloading the App using the Apple App Store or Google Play, as applicable. You are responsible for reviewing the applicable Apple App Store or Google Play terms and conditions and complying with such terms and conditions while using the App.
Without limitation of the foregoing, if you are downloading the App through the Apple App Store for use on an Apple-branded product, the following terms apply:
- Acknowledgment of Parties. These Terms are made between you and Enchant Christmas, and that Enchant Christmas, not Apple Inc. (“Apple”), is responsible for the App and the content thereof.
- Scope of the License. The license you have been granted in these Terms is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that the App may be accessed and used by other accounts associated with your Apple account via Family Sharing or volume purchasing.
Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and, if applicable, Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, you agree that your recourse for warranty failure in connection with the App pursuant to these Terms shall be through Enchant Christmas, and Apple will have no other warranty obligation whatsoever with respect to the App, nor be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
Product Claims. You agree that your recourse for product claims arising from the App shall be through Enchant Christmas, and that Apple is not responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights. In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, you agree that your recourse under these Terms will be through Enchant Christmas and that Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third Party Beneficiary. Apple and Apple's subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
13. Account Creation
In order to use certain features or functionality of the Service, you must establish an account with us (an "Account"). You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. You are responsible for maintaining the confidentiality of your Account and password (including any related security questions and answers), and for restricting access to your computer or other device used to access your Account. You agree that you are solely responsible for any activities or actions taken under your Account, whether or not authorized by you, including purchases. You shall notify us immediately of any unauthorized use of your Account login credentials. We are not liable for any loss or damage from your failure to comply with this section. You represent and warrant that any information you provide to us is accurate, current and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. If any information you provide to us is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Service.
14. Communications
By accepting these Terms, you expressly consent to be contacted by Enchant Christmas, our agents, representatives, affiliates, or anyone calling on our behalf for purposes directly related to our provision of the Service to you at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), audio and video calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
15. Payments
A credit or debit card will be required to purchase credits to initiate Enchant Santa calls through the Service. You authorize Enchant Christmas to charge the credit or debit card (or other payment method accepted by Enchant Christmas on the Service) provided by you for purchases made under your Account. You represent that you have the legal right to use any credit or debit card or other payment method provided by you. During the payment authorization process, your credit or debit card is validated and must have enough available funds for the transaction to be approved. Please visit our FAQs page for more information about your billing policies and procedures. For the avoidance of doubt, credits have no cash value whatsoever.
Enchant Christmas reserves the right at any time after receipt of your payment to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged and Enchant Christmas later cancels the transaction and any credits issued, Enchant Christmas will issue you a refund. Otherwise, all payments made through the Service are non-refundable, unless you live in Quebec, where certain statutory refund rights apply. Please visit our FAQs page or more information.
16. WARRANTY DISCLAIMER
THIS CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS
Although Enchant Christmas strives for accuracy in all elements of the Service, it may contain inaccuracies or typographical errors. Additionally, while users of the Service are bound by these Terms not to submit false material, Enchant Christmas is not responsible for the violation of these Terms by users, or for the reliance by users upon false or misleading material submitted by other users. Enchant Christmas makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Service. You access and use the Service and any Enchant Materials is at your own risk.
ENCHANT CHRISTMAS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SERVICE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ENCHANT CHRISTMAS SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND ENCHANT CHRISTMAS DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ENCHANT CHRISTMAS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.
17. LIMITATION OF LIABILITY
THIS CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ENCHANT CHRISTMAS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENCHANT CHRISTMAS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SERVICE; OR (ii) USD FIFTY DOLLARS ($50).
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE ENCHANT CHRISTMAS’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
18. Indemnification
By using the Service, you agree to defend, indemnify and hold harmless Enchant Christmas, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Service, including the Enchant Materials, or your breach of these Terms. Enchant Christmas reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
19. Governing Law
THIS CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS
These Terms are governed by the Federal Arbitration Act and the substantive laws of the State of Delaware, without regard to its conflict of laws principles.
20. Arbitration Agreement and Class Action Waiver
THIS CLAUSE DOES NOT APPLY TO QUEBEC CONSUMERS
Mandatory Arbitration. YOU AND ENCHANT CHRISTMAS AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (each, a “Dispute”) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and Enchant Christmas waive the right to a trial by jury and any right to have a Dispute heard in court.
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and Enchant Christmas agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.
The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted.
Arbitration Class Action Waiver. You and Enchant Christmas agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.
Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Enchant Christmas will reimburse you for those fees up to USD $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Enchant Christmas will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Non-Arbitration Class Action and Jury Waiver. You and Enchant Christmas agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Enchant Christmas waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Enchant Christmas may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH ENCHANT CHRISTMAS THAT CONTAINED AN ARBITRATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and emailed to: contracts@enchantchristmas.com. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.
21. Export Control
Enchant Christmas operates the Service from Canada and the United States and does not claim that any part of the Service is appropriate or may be accessed or used outside of Canada and the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside of Canada and the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Service. You agree to comply with all Canadian and U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a Canadian or a U.S. government embargo or similar restriction, or that has been designated by the Canadian or U.S. government as a "terrorist supporting" country; (b) listed on any Canadian or U.S. government lists of prohibited or restricted parties.
22. General
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be a further or continuing waiver of such provision or any other provision in these Terms. The section names in the Terms are for convenience only and have no legal or contractual effect. You may not assign these Terms, or any of your rights or obligations hereunder, without the prior written consent of Enchant Christmas. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms at any time without your prior consent.
THE FOLLOWING PARAGRAPH DOES NOT APPLY TO QUEBEC CONSUMERS
Except as expressly provided elsewhere in the Service, these Terms and any other terms and conditions expressly incorporated by reference into these Terms by Enchant Christmas constitute the entire agreement between you and Enchant Christmas with respect to your use of the Service.
23. Contact Information
We welcome you to contact us with any questions, comments or concerns about the Service.
Mail: Enchant Christmas: 304-901 3rd St. West, North Vancouver, BC V7P3P9, Canada
Internet: support@santacalls.com