This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in Canada privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

How do we use your information?

For our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.

• To improve our website in order to better serve you.

• To allow us to better service you in responding to your customer service requests.

• To administer a contest, promotion, survey or other site feature.

How do we protect visitor information?

We do not use vulnerability scanning and/or scanning to PCI standards. We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use Cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

• Understand and save user's preferences for future visits.

• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings.

Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies. If you disable cookies off, some features will be disabled It won't affect the users experience that make your site experience more efficient and some of our services will not function properly.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Third party links

We do not include or offer third party products or services on our website.

Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)

AR Luxury Management complies with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), regarding the collection, use, and retention of personal information from European Union member countries. AR Luxury Management has certified that it adheres to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). If there is any conflict between the policies in this privacy policy and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) shall govern. To learn more about the Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA please visit: https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)

• Notice. Any personal information received by AR Luxury Management in connection with its business is provided voluntarily by persons having “ownership” of such information. AR Luxury Management provides persons with an explanation about the types of information collected or maintained, how such information is maintained and protected, and how to contact AR Luxury Management to request review, correction or deletion of such information. Personal information is never disclosed to a third party without consent of the affected individual(s).

In certain limited cases and only where authorized by Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), AR Luxury Management may be unable to provide notice of disclosure of personal information to affected person(s). For example, Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) do not require notice where disclosure of personal information is required to comply with a court or other valid government order or inquiry, where applicable laws or regulations waive notice requirements, or where protection of legitimate AR Luxury Management legal interests would be compromised by notice.

• Choice. AR Luxury Management will not use any personal information collected from or about covered individuals for any purpose not authorized by the individual. For the purpose of this section, voluntary provision of personal information in connection with the performance of certain activities will constitute authorization as will a written statement granting permission to use or disclose information for certain stated purposes. Individuals may contact AR Luxury Management via the information below at any time to inquire about the types of personal information AR Luxury Management currently maintains and to request either changes in authorized uses or deletion of their personal information from AR Luxury Management records.

• Data Integrity. AR Luxury Management strives to ensure that any personal information collected or maintained about covered individuals is complete, accurate and reliable for the purposes for which the information was obtained or authorized.

• Transfers to Third Parties. AR Luxury Management does not share personal information collected with any third parties without consent. If we ever were to engage in any onward transfers of your data with third parties other than our agents, we would provide you with an opt-out choice to limit the use and disclosure of your personal data. AR Luxury Management also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. AR Luxury Management is responsible for all onward transfers of Personal Information to third parties in accordance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).

• Access and Correction. AR Luxury Management acknowledges that EU individuals have the right to access the personal information that we maintain about them. Covered individuals may contact AR Luxury Management in writing via the information below to request reasonable access to their personal information. AR Luxury Management will take reasonable steps to allow such individuals to review, correct or request deletion of their personal information.

• Security. AR Luxury Management has implemented a variety commercially reasonable physical security and information technology measures to protect personal information. Such security measures are supplemented by operational procedures and staff training. AR Luxury Management safeguards information according to established security standards and periodically assesses new technology for methods of protecting information. However, the Company cannot guarantee the security of personal information.

• Enforcement. AR Luxury Management has established internal management practices and policies to support Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). AR Luxury Management encourages covered individuals with concerns about its information management practices to contact AR Luxury Management at the address below. AR Luxury Management is subject to the investigatory and enforcement powers of the Privacy Commissioner of Canada.

Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) Complaint Resolution

In compliance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), AR Luxury Management commits to resolve complaints about your privacy and our collection or use of your personal information. If you have any questions about your Personal Information or this policy, or if you would like to make a complaint about how Shopify processes your personal data, please contact AR Luxury Management  by using the contact details below:

• By Mail:

FLEXPAY ,

Attn: Chief Privacy Policy

FLEXPAY

address:

1 King Street West, suite 4800-208

Toronto, Ontario, M5H 1A1

Attn: Chief Privacy Policy

• By e-Mail:

privacy@flex-pay.io

1. OBJECT OF TERMS OF USE AND LICENSE AGREEMENT

1.1 This Terms of Use and License Agreement applies to each registered user ("Licensee") of the cloud platform AR LUXURY MANAGEMENT PLATFORM ("ARLM Platform") provided by AR LUXURY MANAGEMENT address ("AR LUXURY MANAGEMENT").

1.2 By using ARLM Platform Licensee is able to manage a group of physical or digital objects linked to a digital experience through NFC, QR, URL, WiFi, Bluetooth or any other connectivity protocol (“Objects”), and to manage the content associated with those Objects ("Object-Data") and use further functionalities of BB Platform.

1.3 This TULA sets out the terms applicable for the use of ARLM Platform by Licensee and the rights and obligations of AR LUXURY MANAGEMENT and Licensee (AR LUXURY MANAGEMENT and Licensee together as "Parties" or individually as "Party").

1.4 In this TULA, (“Order Form”) indicates an ordering document or online order specifying the Services to be provided hereunder that is entered into between Licensee and AR LUXURY MANAGEMENT, including any addenda and supplements thereto. (”Purchased Services”) indicates Services that Licensee purchases under an Order Form, as distinguished from those provided pursuant to a free trial.

1.5 In this TULA, (“Interaction Data”) indicates data generated as a result of an interaction by a networked device with an Object.

2. CHANGES TO TULA

2.1 These Terms are a binding agreement between Licensee and AR LUXURY MANAGEMENT. AR LUXURY MANAGEMENT reserves the right to modify this TULA at any time and without prior notice by publishing the most current version of the TULA on the following website: http://www.bluebite.com/tula. Licensee's use of ARLM Platform and related services is governed by the version of the TULA in effect on the date ARLM Platform is accessed by Licensee.

3. USER ACCOUNT

3.1 Use of ARLM Platform requires the registration of a user account. There is no right to registration. AR LUXURY MANAGEMENT reserves the right to reject applications for registration without giving any reason.

3.2 ARLM Platform is a business platform for business customers of AR LUXURY MANAGEMENT. Therefore, consumers as well as minors and persons with limited legal capacity are not permitted to register.

3.3 Licensee may apply for several user accounts for named employees of Licensee ("Named Users"). These Named User accounts shall be deemed user accounts of Licensee and Licensee shall be fully liable for all Named User accounts.

3.4 AR LUXURY MANAGEMENT will grant the access to and use of ARLM Platform to registered users.

4. REGISTRATION PROCESS

4.1 During the registration process Licensee applies for access to ARLM Platform by issuing a respective request to AR LUXURY MANAGEMENT (by e-mail or telephone) containing a valid e-mail address of Licensee and all Named Users ("Licensee Data").

4.2 Upon acceptance of Licensees registration request AR LUXURY MANAGEMENT will provide Licensee with passwords linked to the email addresses of Licensee and the Named Users.

5. RESPONSABILITY FOR LOGIN DATA

5.1 Licensee is obliged

5.1.1 to keep all registration data according to section 4.2 ("Login Data") confidential, not to communicate or disclose the Login Data to third parties (including without limitation other individuals within its organization, company or legal entity) and to protect the Login Data against intentional or accidental notice by third parties. No third party must be enabled to use the Login Data;

5.1.2 to inform AR LUXURY MANAGEMENT immediately if Licensee has reason to assume that third parties have become aware of the Login Data or has indications of any form of unauthorized use of the Login Data;

5.1.3 not to provide access to ARLM Platform to third parties.

5.2 Licensee shall ensure that Named Users also comply with the obligations according to section 5.1.

5.3 AR LUXURY MANAGEMENT shall not be liable for any damages resulting from any unauthorized use of ARLM Platform by third parties.

5.4 Licensee shall be fully liable for each and every use or abuse of ARLM Platform and related software, computer systems and services which may be executed using Licensee's or a Named User's Login Data, unless Licensee can prove that such unauthorized use was not caused by actual fault of Licensee.

6. UPDATE OF DATA

 Licensee shall keep updated the Licensee Data at all times and shall inform AR LUXURY MANAGEMENT about any change of the Licensee Data by amending the Licensee Data in the personal settings of ARLM Platform or, in case this is not possible, by sending the amended Licensee Data to AR LUXURY MANAGEMENT.

7. FEES AND PAYMENT FOR PURCHASED SERVICES

7.1 Fees. Licensee will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are based on the SaaS tier selected, and not actual usage, except in the case of the Enterprise tier, as described in the SaaS agreement, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.

7.2 Invoicing and Payment. Licensee will provide AR LUXURY MANAGEMENT with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to AR LUXURY MANAGEMENT. If Licensee provides credit card information to AR LUXURY MANAGEMENT, Licensee authorizes AR LUXURY MANAGEMENT to charge such credit card for all Purchased Services. Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, AR LUXURY MANAGEMENT will invoice Licensee in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. Licensee is responsible for providing complete and accurate billing and contact information to AR LUXURY MANAGEMENT and notifying AR LUXURY MANAGEMENT of any changes to such information.

7.3 Overdue Charges. If any invoiced amount is not received by AR LUXURY MANAGEMENT by the due date, then without limiting AR LUXURY MANAGEMENT rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) AR LUXURY MANAGEMENT may condition future subscription renewals and Order Forms on payment terms shorter.

7.4 Suspension of Service and Acceleration. If any amount owing by Licensee under this or any other agreement for AR LUXURY MANAGEMENT services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized AR LUXURY MANAGEMENT to charge to Licensee credit card), AR LUXURY MANAGEMENT may, without limiting AR LUXURY MANAGEMENT other rights and remedies, accelerate Licensee unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend AR LUXURY MANAGEMENT services to Licensee until such amounts are paid in full. Other than for customers paying by credit card or direct debit whose payment has been declined, will give Licensee at least 10 days prior notice that Licensee account is overdue, before suspending services to Licensee.

7.5 Payment Disputes. AR LUXURY MANAGEMENT will not exercise AR LUXURY MANAGEMENT rights under Section 7.3 (Overdue Charges) or 7.4 (Suspension of Service and Acceleration) above if Licensee is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute.

7.6 Taxes. AR LUXURY MANAGEMENT fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Licensee is responsible for paying all Taxes associated with Licensee purchases hereunder. If AR LUXURY MANAGEMENT has the legal obligation to pay or collect Taxes for which Licensee is responsible under this Section 7.6, AR LUXURY MANAGEMENT will invoice Licensee and Licensee will pay that amount unless Licensee provides AR LUXURY MANAGEMENT with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, AR LUXURY MANAGEMENT is solely responsible for taxes assessable against AR LUXURY MANAGEMENT based on AR LUXURY MANAGEMENT income, property and employees.

7.7 Future Functionality. Licensee agrees that Licensee purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by AR LUXURY MANAGEMENT regarding future functionality or features.

8. FREE TRIAL

8.1 If Licensee registers on AR LUXURY MANAGEMENT website for a free trial, AR LUXURY MANAGEMENT will make one or more Services available to Licensee on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Licensee registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by Licensee for such Service(s), or (c) termination by AR LUXURY MANAGEMENT in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.

8.2 ANY DATA LICENSEE ENTERS INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR LICENSEE, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS LICENSEE PURCHASES A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. LICENSEE CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO BUSINESS EDITION); THEREFORE, IF LICENSEE PURCHASES A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, LICENSEE MUST EXPORT LICENSEE DATA BEFORE THE END OF THE TRIAL PERIOD OR LICENSEE DATA WILL BE PERMANENTLY LOST.

DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.

Please review the applicable Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

9. WITHDRAWAL OF ACCESS RIGHTS

9.1 AR LUXURY MANAGEMENT is entitled to temporarily or permanently withdraw or limit Licensee's or a Named User's access rights to BB Platform, related services, and/or content provided via ARLM Platform, in particular Object-Data which were previously granted to Licensee by deactivating Licensee's or the respective Named User's Login Data if AR LUXURY MANAGEMENT has reason to assume that Licensee itself or a Named User violates or has violated any provision of this TULA or applicable statutory provisions.

9.2 AR LUXURY MANAGEMENT will inform Licensee via e-mail about a withdrawal of Licensee's or a Named User's access rights.

9.3 In case of a temporary withdrawal AR LUXURY MANAGEMENT will reactivate Licensee's or the Named User's Login Data after expiration of an adequate time period corresponding to the respective (assumed) violation of the TULA or statutory provisions. AR LUXURY MANAGEMENT will inform Licensee about the re-activation of the Login Data via e-mail.

9.4 In case of a permanent withdrawal Licensee's or the Named User's Login Data cannot be re- activated and Licensee or the respective Named User shall be permanently excluded from the use of ARLM Platform.

9.5 Licensee's obligation to pay the agreed royalty, if any, shall remain unaffected by a withdrawal of Licensee's or a Named User's access rights. In case of a permanent withdrawal Licensee's payment obligation shall remain unaffected until this TULA has been validly terminated by either Party.

10. TERMINATION OF USE

10.1 This TULA is concluded for an indefinite term. AR LUXURY MANAGEMENT may terminate this TULA for any reason upon ninety (90) days advance notice to the other Party. The notice may be issued by E-Mail. Licensee may terminate this TULA for any reason upon 4 weeks advance written notice, however, at the earliest 3 months after the TULA becomes effective.

10.2 The Parties' right of termination for cause shall remain unaffected.

10.3 Upon the termination becoming effective AR LUXURY MANAGEMENT is entitled to block Licensee's user account and disable Licensee's and the Named Users' Login Data.

10.4 AR LUXURY MANAGEMENT is entitled to delete all of Licensee's data upon expiration of 90 days after the termination becomes effective and after the expiration of legal obligations to keep data records.

11. SERVICES AND AVAILABILITY

11.1 ARLM Platform services consist of making available Object-Data to Licensee via a web user interface accessible through the AR LUXURY MANAGEMENT website and providing query and reporting capabilities as well as tag license management services.

11.2 AR LUXURY MANAGEMENT will use its best endeavors to provide access to BB Platform and all or certain parts of the Object-Data and related services subject to this TULA and applicable special terms. AR LUXURY MANAGEMENT reserves the right to improve, expand, change or delete Object-Data in whole or in part (e.g. in relation to functionalities).

11.3 AR LUXURY MANAGEMENT will use reasonable endeavors to hold access to ARLM Platform available to Licensee at any time. However, there may occur service interruptions or performance problems due to technical reasons, e.g. electricity shortfalls, emergency repairs, failure of telecommunication systems, maintenance, or network problems. AR LUXURY MANAGEMENT will make reasonable efforts to minimize such disruptions where it is within AR LUXURY MANAGEMENT' reasonable control.

12. RIGHTS OF USE

12.1 ARLM Platform and Object-Data are protected under copyright law and other statutory provisions. AR LUXURY MANAGEMENT grants to Licensee the revocable, non-exclusive, non-transferable, worldwide right to access BB Platform and use the ARLM Platform functionalities provided by AR LUXURY MANAGEMENT, including access to Object-Data, for its own internal business purposes

12.2 In case of a withdrawal of the registration or the termination of this TULA – regardless of the reason – the right of use set forth above will lapse, in case of a temporary withdrawal limited to the period of such withdrawal according to section 7.3.

12.3 Except as expressly permitted in this TULA, Licensee shall not (and shall not allow any third party to)

12.3.1 decompile, disassemble, or otherwise reverse engineer ARLM Platform (except to the extent expressly permitted under applicable law); or

12.3.2 provide, lease, lend, use for timesharing or otherwise use or allow others to use ARLM Platform, related services and/or content provided via ARLM Platform, in particular Object-Data, to or for the benefit of third parties.

13. ROYALTY

13.1 Use of ARLM Platform and access to Object-Data shall be purchased from AR LUXURY MANAGEMENT according to AR LUXURY MANAGEMENT’ respective current pricing list.

13.2 Any royalty for access to Object-Data will be invoiced by BLUE BITE after issuance of a respective purchase order by Licensee. Payment will be due within 30 days after reception of the invoice by Licensee.

14 NO ILLEGAL, HARMFUL OR OFFENSIVE USE

14.1 Licensee shall

14.1.1 refrain from any form of unauthorized use of ARLM Platform, related services, or content provided via ARLM Platform, in particular Object-Data, including but not limited to attempts made to overcome or circumvent the security mechanisms of ARLM Platform or to otherwise incapacitate them, using computer programs enabling automatic data readouts, as well as using and/or circulating viruses, worms, Trojans, brute force attacks, spam or using other links, programs or procedures that are suited to damage AR LUXURY MANAGEMENT, ARLM Platform, content provided via ARLM Platform, in particular Object-Data, or other users; and

14.1.2 take all necessary and reasonable steps to prevent or limit damage caused by the use of ARLM Platform, related services, or content provided via ARLM Platform, in particular Object-Data, in particular to arrange for the regular backup of its own data outside ARLM Platform.

14.1.3 not use or cause or encourage others to use ARLM Platform for any illegal, harmful or offensive purposes. This includes transmitting, storing, displaying, distributing or otherwise making available content that is illegal, harmful or offensive, such as:

i. content that infringes or misappropriates any third party or third party rights, in particular intellectual property rights;

ii. content that is defamatory, obscene, abusive, invasive of privacy, racist, sexually explicit, liable to have an undesirable influence on the moral development of young people or otherwise objectionable.

14.1.4 perform or cause or encourage others to perform any activity that may impair frictionless operation of ARLM Platform, including but not limited to

a. Denial of Service (DoS) attacks,

b. overloading the system by mail bombing, news bombing, broadcast attacks, or flooding techniques;

c. monitoring or crawling techniques.

15. DATA PROTECTION

15.1 All data provided by AR LUXURY MANAGEMENT via ARLM Platform are non-personal data.

15.2 Licensee must not collect, process or use personal data in the context of using ARLM Platform. Personal data shall have the meaning provided in Data Protection Directive 95/46/EC.

15.3 AR Luxury Management may retain and use Interaction Data, subject to the terms of its privacy policy (located http://arluxurymanagement.com/privacy-policy.html ). Blue Bite will not share Interaction Data with any third parties unless Blue Bite:

i. has Licensee’s consent for any Interaction Data;

ii. concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Interaction Data is reasonably necessary to protect the rights, property or safety of AR Luxury Management, its users or the public.

16. NO WARRANTIES, INDEMNITIES OR LIABILITIES

16.1 AR LUXURY MANAGEMENT shall neither be held liable for third party content, nor shall it be liable for any damages or other failures resulting from any defects of Licensee's software or hardware or their incompatibility with ARLM Platform. AR LUXURY MANAGEMENT shall also not be liable for any damages or other failures resulting from the fact that the Internet was not available or malfunctioning.

16.2 The use of ARLM Platform and the respective services requires the use of special technical systems such as end user devices, software programs, transmission networks, telecommunications and other services provided by third parties, all of which may entail further costs. AR LUXURY MANAGEMENT does not provide such end user devices, software programs, communication channels, telecommunications services or other services and therefore will not assume any liability for such services provided by third parties.

16.3 ARLM PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

16.4 NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLUE BITE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, THE CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE ARLM PLATFORM, OR ARISING OUT OF THIS AGREEMENT, EVEN IF BLUE BITE OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. NO ASSIGNMENT

 Licensee shall not be entitled to assign any rights or claims under this TULA without the prior written consent of AR LUXURY MANAGEMENT.

18. NO REPRESENTATION

 The registration does not authorize either of the Parties to make any legally binding declarations on behalf of both Parties together, or on behalf of the respective other Party, nor does it authorize them to place the respective other Party under any obligation or to represent it in any other way.

19 NO SET-OFF

 Except as otherwise provided in this TULA, no Party shall be entitled to set-off any claims it may have under this TULA against any claims any other Party may have under this TULA unless the rights or claims of the Party claiming a right of set-off are not disputed or have been confirmed by final decision of a competent court or arbitral tribunal or – if claimed in legal proceedings – a decision on the rights and claims of the Party can be taken in the last oral hearing.

20 CHOICE OF LAW AND JURISDICTION

 This Agreement shall be governed, construed, and enforced in accordance with the laws of the Province of Ontario, without regard to its conflict of laws rules. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Exclusive place of jurisdiction for all disputes regarding rights and duties under this TULA, including its validity shall be the City of Toronto.

21 SEVERABILITY

 Should one or more provisions of this TULA be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions of this TULA. The same shall apply if the TULA does not contain an essential provision. In lieu of the invalid or unenforceable provision, or to fill a contractual lacuna, such valid and enforceable provision shall apply which reflects as closely as possible the commercial intention of the Parties as regards the invalid, unenforceable