Terms and conditions of use
Miss VV Mystery Inc. (“Miss VV”) maintains a website located at https://www.missvvmystery.com (the “Site”) and an application operating under Miss VV Mystery (the “App”) through which it publishes, diffuses and/or sells, without limitation, information, applications, data, design, images, sound, photographs, videos, illustrations, links, icons, graphics, articles, publications, retail products and other materials (the “Content”). The Site and App is provided to you subject to your compliance with these terms and conditions of use (“Terms and Conditions”). By accessing or using the Site and/or App you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access our Site and/or App.
1.1 Age of Majority - means the legally defined age at which a person is considered an adult, with all the attendant rights and responsibilities of adulthood. The age of majority is defined by law, which may vary by state, province and country;
1.2 Documents - newsletters, email correspondence, invoices;
1.3 Miss VV Product - means Miss on the go;
1.4 Order - means upon receipt of payment confirmation provided electronically;
1.5 Delivery Date - means estimate delivery date as indicated on the Order;
- Age of Majority. You are of the age of majority and have the power and authority to enter into and perform the obligations under the Terms and Conditions and agree not to distribute information you receive from the Site and/or App to those under the age of majority or those who would be violating the law by accessing such material in their jurisdiction;
- Consent and Release.By accessing this Site and/or App, you expressly acknowledge and consent to viewing adult oriented material and you release and discharge in advance Miss VV, its officers, directors, members and managers, and all other members of the staff whether contracted or employed harmless from any loss, claim, or demand, including reasonable attorney fees, as a result of viewing the Contents included in the Site and/or App.
- Change to the Content, Site, App and Terms and Conditions. Miss VV may effect changes to the Site, App, Content, Terms and Conditions and/or Miss VV Products described and diffused through the Site and/or App at any time.
- Prohibited Activities. In addition to the other restrictions outlined in these Terms and Conditions, you agree that you will not use any Miss VV Product:
5.1 While operating a moving vehicle or heavy machinery;
5.2 While plugged into any charging system;
5.3 With any person of minority age, as defined by law and which may vary by state, province and country;
5.4 With adults having a reduced sensory or mental capacity;
5.5 During pregnancy or whether you think you may be pregnant;
5.6 Should you suffer with any health conditions prior to consulting with a healthcare professional.
5.7 or medical purposes.
- Waiver and Release of Liability. You hereby waive, release, indemnify and discharge any and all claims for damages, personal injury, emotion and/or physical stress or death for any and all of the following, including but not limited to, any diseases due to sharing Miss VV Product, including, without limitation, desensitization of any organs due to overuse, divorce, loss of income, loss of job, sanctions, addiction, mental health problems, irresponsible behavior, malfunctions, which may have or which may hereafter accrue as a result of use thereof. Miss VV, its officers, directors, members and managers, and all other member of staff whether contracted or employed, are discharged in advance from any and all future, past and present liabilities arising out of or connected to in any way with use of Miss VV Product.
- Voluntary Use. You understand that the use of the Miss VV Product is voluntary and may have certain risks if used improperly. You agree to assume any and all risks of injury, including physical and/or mental, or death and to release and hold harmless Miss VV, its officers, directors, members and managers, and all other members of the staff whether contracted or employed. You understand and agree that this waiver, release and discharge of risks is to be binding on you, your heirs and assigns.
- Proprietary Rights. The Site and/or App and the Content are the sole and exclusive property of Miss VV and/or its licensors. You agree not to reproduce, duplicate , copy , sell, resell or exploit for any commercial purpose, any portion of the Site and/or App or the Content other than as expressly authorized by Miss VV in writing. You hereby acknowledge and agree that, between Miss VV and you, all right, title, and interest in and to the Site, the App and the Content shall be owned exclusively by Miss VV. Unauthorized use of any Miss VV’s trademark, service mark or logo are prohibited, and may be a violation of federal and provincial trademark laws.
Limited License. Miss VV grants you a limited, revocable, non-exclusive, non-transferable, non-assignable license to download, install, access and use the App solely for your own personal, non-commercial use on any device that you own or control and for no other purpose whether express or implied. Miss VV reserves all rights not expressly licensed to you under these Terms of Service.
Feedback. You agree that any feedback, suggestions, ideas, or other information or materials regarding Miss VV, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Miss VV. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights).
Changes to the Site, App, Services and/or Fees. These Terms and Conditions will govern any upgrades that may be provided by Miss VV that replace and/or supplement the original App unless such upgrade is accompanied by a separate license in which case the terms of that license will govern the App. Miss VV reserves the right to modify, suspend, change or discontinue the App without notice. You agree that Miss VV will not be liable to you. Miss VV reserves the right to elect to charge for the App or certain features of the App and/or services that integrate with the App.
- No Medical Advice. The Content provided on the Site and/or App is for general information purposes only. It is not intended to provide medical advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based solely upon the Content provided on this Site and/or App, without first seeking when necessary appropriate professional advice. The Content on Site and/or App is provided for your convenience only.
- No Warranties. Miss VV attempts to make every effort to ensure that the Content on the Site and/or App is complete and current. However, Miss VV does not warrant the quality, accuracy or completeness of Content on our Site and/or App. Such information is provided “as is” without warranty or condition of any kind. This Site and/or App may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall Miss VV be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on this Site and/or App.
- Termination. Miss VV reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site and/or App; and/or (b) suspend your access to or use of all or any portion of the Site and/or App.
- Viruses. The downloading of Content is done at your own risk. Miss VV cannot and does not guarantee or warrant that the Site, App or the Content are compatible with your computer systems or that the Site, App or the Content will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system.
- Electronic Communications. Miss VV shall communicate with you to provide documents through various forms of electronic communications, including email through the public internet. These electronic communications may contain information that is confidential and/or privileged, unless you instruct us not to send such information electronically. There is a risk that such electronic communications may be intercepted or interfered with by third parties or may contain computer viruses. Miss VV, its officers, directors, members and managers, and all other members of the staff whether contracted or employed from and against any and all liability arising out of or connected to in any way with any event occurring as a result of electronic communications.
- Price and Payment. The price of the Miss VV Product shall be the price in force at the time of confirmation of your order. Miss VV reserves the right to update their price list from time to time without providing specific notice to you.
Refund Policy. All sales are final, no refunds. Miss VV provides a manufacturer warranty for Miss VV Products for a period of (1) year, after the date of original purchase, against defects due to faulty workmanship or materials. If a defect is discovered please notify Miss VV immediately during the warranty period, providing proof of purchase, Miss VV will, at its sole discretion, replace the Miss VV product free of charge, a maximum of (2) times, you shall be responsible for all related shipping costs. Within a period of (4) years from the expiry of the manufacturer warranty, solely in the event of a manufacturer defect, Miss VV will provide for a fifty percent rebate on the purchase of a new Miss VV Product. If a defect is discovered please notify Miss VV immediately, providing proof of purchase, Miss VV will, at its sole discretion, provide a discount code. All warranties are void, if the device has been tampered with.
- Currency. The purchase price for each Product displayed on the Site and/or App is quoted in Canadian dollars (CDN), unless otherwise stipulated during the checkout process.
- Payment Options. Miss VV accepts Visa and MasterCard credit cards. We do not accept cash, cheque or cash on delivery (COD) for online orders.
- Shipping. Shipping, delivery charges and applicable taxes are extra, unless otherwise indicated, the fees will be shown on the screen prior to confirming the order.
- Delivery. The Product shall be delivered to your delivery address as specified on the order. Miss VV undertakes to abide by the delivery date it issues so far as possible, but shall not be responsible for the consequence of failure to meet those dates, whether by Force Majeure or otherwise If and to the extent that Miss VV can foresee a failure to meet the delivery date it shall advise you without delay. No such failure shall oblige Miss VV to pay any compensation whatsoever, nor shall it give you any right to cancel the Order.
- Sales Tax. Applicable sales taxes are in addition to the listed price and will be shown on the screen prior to confirming the order.
User Accounts. To access some features of the Site and/or App, you may have to register for a Miss VV user account. When registering a user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account. You must keep your account password secure. You must notify Miss VV immediately of any breach of security or unauthorized use of your user or partner account. Although Miss VV will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of Miss VV or others due to such unauthorized use.
Access Information. All login names and passwords remain the property of Miss VV, and may be cancelled or suspended at any time by Miss VV without any notice or liability to you or any other person. Miss VV is not under any obligation to verify the actual identity or authority of the user of any login name or password. By registering a user account you give Miss VV permission to send you periodic information on sales and promotions. Notwithstanding anything to the contrary by registering a partner account you acknowledge that you have agreed to the terms and conditions.
- Force Majeure. Miss VV will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control. Force Majeure extends to the total or partial failure of a third party from whom goods or services are obtained, due to circumstances of Force Majeure. A a Force Majeure event means any act, event, non-occurrence, omission or accident beyond reasonable control, foreseen or unforeseen, and includes, in particular (without limitation), the following: strikes, lock-outs or other industrial action.
- Governing Law. These Terms and Conditions are governed by the laws of the Province of Quebec and applicable laws of Canada and these laws apply to the use of the Site, App and/or Content by you, notwithstanding your domicile, residency or physical location. The Site, App and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.
- Headings. The headings utilized in the Contract are for convenience only and are not to be construed in any way as additions or limitations of the covenants and agreements contain in the Contract.
Indemnity. You hereby indemnify Miss VV and undertake to keep Miss VV indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Miss VV to a third party in settlement of a claim or dispute on the advice of Miss VV’s legal advisers) incurred or suffered by Miss VV arising out of any breach by you of any provision of the Terms and Conditions, or arising out of any claim that you have breached any provision of the Terms and Conditions.
Severability. In the event that any provision or part of the Agreement shall be deemed void or invalid by a Court of competent jurisdiction, the remaining provisions, or parts of it shall be and remain in full force and effect.
- Entire Agreement. The Agreement constitutes the entire agreement between the parties with respect to the employment of the Employee and any and all previous agreements, written or oral, express or implied between the parties or on their behalf relating to the employment of the Employee by the Corporation are terminated and cancelled and each of the parties releases and forever discharges the other of and from all manner of actions, causes of action, claim or demands whatsoever under or in respect of any previous agreement.
- Enurement. This Agreement shall be binding and enure to the benefit of the parties and their respective successors, assigns and legal representatives.
- Amendment. The terms and condition are subject to change by Miss VV at anytime.
Third Party Websites. Third party websites accessed via the Site and/or App are not covered by this Policy and we accept no responsibility or liability in respect of third party sites. Please refer to the privacy policies published on any third party sites which you may access through the Site before submitting personal information to them.
Information We Collect. Miss VV may ask for and collect from you Personal Information and other information at certain points throughout the Site and/or App. Dependent on the information, service and/or online order you request, you may be asked to provide Personal Information. The Personal Information collected is used to more efficiently operate Miss VV’s business, promote our services, payment of products and administer the Site and/or App.
Information from Your Use on the Site. Miss VV may collect standard internet log information about how and when you use the Site. This information may include but, not be limited to, your IP address and location data, weblogs, time, date, browser used, referring web addresses, other communication data, searches conducted and pages visited.
Storage of Personal Information. Your Personal Information is stored in secured locations and on servers controlled by Miss VV, located whether at our office or at the offices of our service providers.
E-Mail Communications. Occasionally, Miss VV may send marketing or promotional e-mail communications to you with information that may be useful, including information about new products and/or services of Miss VV. In this process, we may collect certain information of which may include but, not limited to, the date/time you first opened our e-mail communications, the number of times you open our email communications and the total click-through activity on the content of our e-mail communications to compile general related statistics.
Opt-Out. If you prefer not to receive any further communications, please email email@example.com. When you request to be removed, your Personal Information, in accordance with the applicable data protection laws, will not be deleted but will be added to the relevant suppression list to ensure your request is complied with. All Personal Information is processed in line with the applicable data protection laws. We do not sell, trade or rent your Personal Information to third parties.
Service Providers. Miss VV may use third parties to manage one of more aspects of our business operations, including the processing or handling of Personal Information. When we do use an outside company, we use appropriate means to ensure that your Personal Information is used in a manner that is consistent with this Policy.
Access to Personally Identifiable Information. If you’re personally identifiable information changes, you may correct, update or delete it by making the change on your "My Account" page.
Use and Disclosure of Your Personal Information. Miss VV may collect and process Personal Information for the following purposes:
- to ensure that content on the Site is presented in the most effective manner for you and your computer.
- to provide the Service and to enable you to use the Service.
- to provide you with support and handle requests and complaints.
- to send you updates, notices, announcements and additional information related to the Service.
- to send you marketing and advertising material through e-mail messages, subject to your prior indication of consent.
- to conduct surveys and questionnaires.
- to communicate with you when Miss VV deems necessary.
- to prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Service.
- to handle breakdowns and malfunctions.
- to take any action in any case of dispute, or legal proceeding of any kind.
- to protect the rights and safety of our affiliated entities and third parties, as well as our own.
- to transfer your information in the case of a sale, merger, consolidation, or acquisition. In that event, any acquirer will be subject to our obligations under this Policy.
- as otherwise permitted by law.
Agreement to Terms of Policy. By using this Site and/or providing information to us, you accept and agree to the collection and use of your Personal Information for the purposes described. We review our policies regularly and occasionally need to effect modifications and/or updates.
Contact Us. If you have any questions, concerns, or suggestions regarding this Policy, please leave us a message.