BY ACCESSING AND USING THESE SERVICES, YOU A RE EXPRESSLY REPRENSENTING THAT YOU HAVE REACHED THE AGE OF MAJORITY. SHOULD YOU NOT BE CONSIDERED AS AN ADULT IN THE JURISDICTION WHERE THE SERVICES ARE BEING USED OR ACCESSED, THEN YOU SHALL STOP ACCESSING AND USING THE SERVICES IMMEDIATELY.
- Application means MissVV’s application available on Android (Google Play Store) and Apple (App Store) through Bluetooth® 4.0 low-energy technology. Compatible versions with the mobile application are available and updated online due to the rapid pace of technological change.
- MissVV means Miss VV Mystery inc., a corporation dully constituted under the Canada Business Corporations Act, RSC 1985, c C-44.
- Permitted Purposes means the access and use of the Website and the download, installation, use and access of the Application for your personal, internal and non-commercial purposes in connection with your use of a Product via a device that You own (or control).
- Product means the Miss On The GoTM exercise device and a sex toy in the vibrating Kegel balls category, created to help women tone-up their pelvic muscles.
- Services mean the Website and the Application, and each of their respective functionalities.
- Website means MissVV’s website (http://missvvsmystery.com/).
- You means any and all adults: (i) who opened a MissVV account to control electronically their Product or who created an online account to initiate or be part of any mystery game or other game; and (ii) visiting or browsing on the Website, or having enquired about the Services, made comments or otherwise shared their contact information (and other information) online with MissVV, in either case for their personal, internal and non-commercial purposes.
- Limited license granted. MissVV grants You a royalty-free, revocable, non-exclusive, non-transferable, non-assignable, license: (i) to access and use the Website; and (ii) to download, install, access and use the Application, the whole solely for the Permitted Purposes and for no other purposes.
- Update and Upgrades. The limited license described above shall also apply to any update or upgrade made or offered in connection with the Services, and accordingly, such updates and upgrades shall be subject to these Terms and Conditions. Despite the foregoing, should any update or upgrade be accompanied by a separate license or subject to other terms and conditions, then such other license and terms and conditions will govern the Services.
- Feedback. You are deemed to grant a royalty-free, non-exclusive, non-revocable, perpetual, transferable and worldwide license to use, copy, reproduce, publish, edit, format, delete or translate any feedback, suggestion, idea, enquiry or other information or material of a similar nature communicated to MissVV or otherwise disclosed to it on the Services (other than the information obtained while doing your Kegel exercice or the one sent to other users during a game or a mystery game). Such license shall be sublicensable.
By using these Services You are expressly representing and making the following covenants:
- Age of Majority. You have reached the age of majority in the jurisdiction where the Services are being used and have the power and authority to enter into and perform the obligations under the Terms and Conditions. You agree not to: (i) invite another person to play; (ii) interact with another person; (iii) communicate or distribute any information; (iv) give access to; (v) lend; or otherwise (vi) give access to the Products and Services to any other person without first ensuring that such person has reached the age of majority.
- Use of the Services. You will use the Services solely for the Permitted Purposes, in full compliance with applicable laws and in a manner not to harm MissVV (or negatively affect its activities). In that respect, You will notably refrain from : (i) copying, changing, disassembling, reverse engineering, decompiling, modifying, deriving or otherwise extracting by any other means the source code of the Services; (ii) using the Services on any device You do not own and control to ensure that You will not give access to the Services to minors; (iii) distributing the Services or making them available over any network or by any other means where it could be used by multiple devices at the same time; (iv) accessing the Services using automated means such as robots; (v) uploading viruses or malicious codes; (vi) uploading virus or malicious codes; (vii) accessing the Services via any means other than by the commercial browser; (vii) hide, hinder, remove or conceal copyrights, trademarks and other intellectual property marks, references or symbols; (viii) combining, merging or duplicating the Services.
- Voluntary Use. You are using the Services and Product voluntarily after due consideration of the Products and Services inherent risks and non-recommended uses (as described herein and in the User Guide available with the Product purchased from MissVV). You understand that there may be inherent risks in using the Services (and Products). You further understand that You will be exposed to mature subject matters and adult oriented material (including potentially to sexual information and nudity during MissVV mystery games). Your discretion is advised.
- Other jurisdictions: You understand: (i) that the Services can be accessed from jurisdictions around the world other than Canada and may contain references to Services and Products that have not been announced in your jurisdiction; (ii) that these references do not imply that MissVV intends to announce such Products and Services in your jurisdiction; (iii) that MissVV makes no representation as to the availability or appropriateness of the content, the Services and the Products in your jurisdiction; (iv) that it is your sole responsibility to ensure that the access to and use of the Services (and Products) in your jurisdiction is not prohibited; (v) that your compliance with local laws is your sole responsibility; (vi) that such access is made at your own initiative and at its own risk.
- Rights over Feedbacks: You have the right to disclose any feedback made (as described above). Such feedback is not confidential, and You have the right to grant intellectual property rights and other rights over such feedback.
- References to Products and Services. You can make a reference online to MissVV, but your reference: (i) must be truthful, and cannot suggest that You are affiliated or partnered with or in any other form of business relationship with MissVV, or that MissVV approved, sponsored or endorsed the reference; (ii) shall never be hyperlinked to anything but the Website home page; (iii) shall not make any representation, warranty or guarantee regarding the Services and Products.
You understand that the limited license described herein was granted to You on the basis of the foregoing representations. You understand that should You attempt to engage in any activity described herein, then You will be deemed to have committed said activity.
4. SERVICE FEES PURCHASE OF PRODUCTS AND REFUNDS
- Services fees. The license granted to You is provided to You on a royalty-free basis. Despite the foregoing, it is possible that MissVV decide later on to charge a fee with respect to all or part of the Services. In such a case, MissVV will notify You of this situation ahead of time and will provide You with the opportunity to either accept to pay this fee or to stop using any part of the Services (to which the fee applies). Despite the foregoing, You understand that the normal rates and fees charged by your Internet service provider for the use of your electronic device – such as data charges – will apply.
Purchases of Products. The price of the Product shall be the price in force at the time of confirmation of your order. Such price will be brought to your attention before You complete any purchase via the Website. MissVV reserves the right to update its price list from time to time without providing You a specific notice. In such a case, the new price will apply to any purchase made after such price was amended.
MissVV accepts credit cards payments (Visa and MasterCard); no other means of payments (such as cheque or cash on delivery (COD)) is accepted for online orders.
The purchase price for each Product is quoted in Canadian dollars (CDN), unless otherwise expressly stipulated.
The prices for all Products offered exclude taxes and other charges, such as shipping fees, custom charges and conversion fees, if any. Applicable sales taxes will be shown on the screen before You be required to confirm the order and proceed with the payment. As to the currency exchanges rates, they are likely to vary from one financial institution to another; hence You should review the practices followed by your own financial institution for more information. Finally, shipping and delivery charges will be shown on the screen prior to confirming the order.
- Delivery. The Product shall be delivered to the delivery address specified on the order. MissVV will strive to abide by the delivery date mentioned, but shall not be responsible for the consequence of failure to meet such date, whether due to a force majeure or otherwise. Such failure shall not oblige MissVV to pay any compensation whatsoever, nor shall it give You any right to cancel the order.
- No refund. All purchases are final. As such, your Product cannot be exchanged or returned. However, since MissVV is committed to providing You good quality Products, MissVV warrants its Products against materials and workmanship defects as follows:
1st Year following purchase: MissVV will replace for free your Product during the one (1) year period stating as of the purchase date. If You have a problem with your Product's functionality during that period, please email us (at firstname.lastname@example.org) with a valid proof of purchase indicating the original purchase date. MissVV will respond to your email and provide You with all relevant information on how to ship us your Product and obtain a Product replacement. You are however responsible for the cost of returning a Product (by courier or other reputable delivery service that provides tracking and written verification of delivery). Upon receipt of the Product, MissVV will inspect it to determine the origin of the problem. MissVV will replace the Product up to two (2) times.
Years 2 to 5: MissVV will give You a 50% discount on your next purchase. Again, You will be required to send us a copy of your proof of purchase by email (at: email@example.com). MissVV will then provide You with all relevant information on how to ship your Product. Upon receipt of the Product, MissVV will inspect it to determine the origin of the problem.
THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY MISUSE OR USE OTHER THAN AS INTENDED AND DESCRIBED IN THE PRODUCT USER GUIDE. ALSO, ANY ATTEMPT TO OPEN OR DISMANTLE THE PRODUCT WILL AUTOMATICALLY VOID THE WARRANTY. THIS WARRANTY IS IN ADDITION TO APPLICABLE STATUTORY RIGHTS THAT YOU MAY HAVE UNDER RELEVANT CONSUMER PROTECTION LEGISLATION.
- NON-RECOMMENDED USES AND DISCLAIMER
- Non-recommended uses: The Services shall not be used in connection with a Product, which silicone appears to be broken or damaged or which is being charged. You shall also refrain from using the Services while You (or the person wearing the Product): (i) are pregnant; (ii) are operating a vehicle/machinery/tools that could cause an accident or the death of any individual including yourself; (iii) are having sexual intercourse with another person; (iv) during menstruations or if another device is already inserted in the vagina or during a medical test, medical appointment or other examination of vaginal area; (v) are travelling by plane (as airports metal detectors may detect the presence of the Product which contains metallic parts); (vi) are having sensations caused by an abusive use or misuse of the Services or are under the impression that your physical or mental health do not allow it. Finally, should avoid using the Services to operate (or control) a Product: (i) at the hospital as your Product may interfere with medical equipment, (ii) when deep-sea diving, swimming or practicing other water sports; or (iii) in locations with poor internet or Bluetooth® reception. In such a case, the Product shall be controlled manually as more fully detailed in the Product User Guide (available in the box with the Product purchased). MissVV insists on the importance of listening to your body and of carefully reading and using the Product (and related Services) in accordance with the User Guide and more particularly the information pertaining to the non-recommended uses and prohibited uses of the Product (and related Services).
Disclaimer. EVEN IF MISSVV USES TECHNOLOGIES WHICH ARE OF MERCHANTABLE QUALITY AND ARE SUITABLE FOR THE PROVISIONS OF SERVICES, ANY ELECTRONIC SUPPORT – JUST AS ANY OTHER FORM OF SUPPORT – IS NOT INFALLIBLE AND FULLY SHELTERED FROM UNFORESEEABLE OR FORCE MAJEURE EVENTS, OR CYBER ATTACKS (AND OTHER ILLEGAL ACTS), AND WAS NOT CREATED TO MEET YOUR SPECIFIC NEEDS OR INTENDED USE. ACCORDINGLY, TO THE FULLEST EXTENT ALLOWED UNDER LAW, MISSVV EMPHASIZES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DISCLAIMS ALL EXPRESS IMPLIED, ORAL OR WRITTEN GUARANTEES, WARRANTIES AND REPRESENTATIONS PERTAINING TO: (I) THE COMMUNICATION, (II) THE SUITABILITY OF THE SERVICES AND CONTENT FOR A PARTICULAR AIM OR THE FACT THAT THE SERVICES AND CONTENT WILL MEET YOUR EXPECTATIONS, (III) THE FACT THAT THEY WILL RUN WITHOUT DELAYS, ERRORS OR INTERRUPTIONS (DURING A GAME, A KEGEL EXERCISE SESSION OR OTHERWISE) AND THAT SUCH DELAYS, INTERRUPTIONS OR ERRORS WILL BE ADDRESSED IN A TIMELY FASHION (OR CAN BE ADDRESSED), (IV) THE FACT THAT THESE SERVICES ARE COMPATIBLE WITH YOUR DEVICE, (V) THE ABSENCE OF ADVERSE EFFECT ON YOUR SYSTEM, TECHNOLOGY OR DATA; AND (VI) THE SERVICES MERCHANTABILITY OTHER THAN THE ONES PROVIDED FOR HEREIN.
FURTHERMORE, EVEN IF MISSVV MAKES ALL REASONABLE EFFORTS TO ENSURE THAT THE DESCRIPTION OF THE PRODUCTS AND SERVICES, AND OTHER CONTENT IS COMPLETE AND CURRENT, THE SERVICES MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS (AND OTHER ERRORS) AND OMISSIONS RELATING TO PRICING, PRODUCT DESCRIPTION, PRODUCT AVAILABILITY OR OTHER INFORMATION. FOR INSTANCE, THE WEBSITE MAY DISPLAY INFORMATION ABOUT PRODUCTS THAT ARE NO LONGER AVAILABLE (OR SLIGHTLY CHANGED). LIKEWISE, SOME FEATURES OF THE APPLICATION MAY BE DELETED, UPGRADED OR MODIFIED. FURTHERMORE, MISSVV DOES NOT SYSTEMATICALLY CONTROL THE INFORMATION OFFERED OR RENDERED AVAILABLE BY THIRD PARTIES ON OR THROUGH THE SERVICES. FOR INSTANCE, THE INFORMATION INCLUDED IN USERS MASTER RECORD MAY BE INACCURATE. ACCORDINGLY, MISSVV INSISTS ON THE FACT THAT IT IS NOT OFFERING ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY SERVICES OR CONTENT, OR MAKING REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION WILL BE ACCURATE OR COMPLETE, UP-TO-DATE OR RELEVANT, AND ACCORDINGLY ANY DECISION, ACTION TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY CONTENT OR SERVICES IS YOUR SOLE RESPONSIBILITY AND LIABILITY.
ADDITIONALLY, EVEN IF THE SERVICES CAN BE USED TO STRENGTHEN YOUR PELVIC FLOOR AND MAY CONTAIN INFORMATION ABOUT YOUR TRAINING AND PROGRESS, THE SERVICES SHALL NOT: (I) BE USED FOR SELF-DIAGNOSIS; (II) CONSTITUTE OR BE CONSTRUED AS AN INTERPRETATION OF YOUR MEDICAL CONDITION; AND (III) BE CONSIDERED AS GIVING A PROGNOSTIC OR ANY TYPE OF MEDICAL OPINION OR RECOMMENDATION REGARDING YOUR HEALTH OR PHYSICAL CONDITION. LIKEWISE, ANY CONTENT ACCESSED THROUGH THE SERVICES ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IN NO EVENT SHALL THE SERVICES OR THE CONTENT BE CONSIDERED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, MEDICAL CARE OR IN-PERSON EVALUATIONS OFFERED BY A HEALTH CARE PROFESSIONAL.
THESE SERVICES SHALL BE USED WITH PROPER CARE AND JUDGMENT, AS IT MAY LEAD TO SANCTIONS (FOR INSTANCE IF USED BY MINORS, IN PUBLIC PLACES, IF USED WITH MINORS, OR IF YOU HARASS OR THREATEN ANOTHER USER OR IF YOU COMMIT ANY OTHER SANCTIONABLE ACT OR OMISSION) OR TO CONSEQUENCES TO YOUR HEALTH OR IN YOUR PERSONAL OR PROFESSIONAL LIFE. FOR INSTANCE, YOU MAY DEVELOP AN ADDICTION AND/OR MENTAL ILLNESS OR IRRATIONAL BEHAVIOR. YOU MAY FACE DIFFICULT SITUATIONS, SUCH AS DIVORCE OR CONFLICT IN YOUR COUPLE, LOSS OF YOUR JOB (FOR INSTANCE IF THE SERVICES ARE ACCESSED VIA YOUR EMPLOYER'S MOBILE DEVICE) AND LOSS OF INCOME. YOU MAY HAVE TO GO TO THERAPY AND/OR CONSULTATIONS AND/OR FOLLOW MEDICAL TREATMENTS. FINALLY, SOME FEATURES OF THESE SERVICES MAY LEAD TO INVASION OF PRIVACY, IDENTITY THEFT, DEFAMATION OR OTHER PREJUDICE TO YOUR PATRIMONY RIGHTS, IF USED TO EXCHANGE YOUR PERSONAL INFORMATION (SUCH AS YOUR FULL NAME, ADDRESS, BANKING INFORMATION AND PICTURES) WITH OTHER USERS.
IN VIEW OF THE FOREGOING, YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS LEFT TO YOUR ENTIRE DISCRETION AND HENCE, IS MADE AT YOUR OWN RISKS. MISS VV DECLINES ANY RESPONSABILITY REGARDING THE USE OF THESE SERVICES, AND IS NOT RESPONSIBLE FOR ANY DAMAGE, INCLUDING DEATH, DAMAGES CAUSED BY MISUSE OR USE OF THE SERVICES, UNLESS YOUR BODILY INJURIES ARE CAUSED BY MISSVV'S NEGLIGENCE, FAULT OR MISCONDUCT, OR UNLESS MATERIAL INJURIES ARE INCURRED DUE TO MISSVV'S INTENTIONAL OR GROSS FAULT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MISSVV WILL NOT BE LIABLE FOR ANY LOSS, WHETHER INDIRECT OR NOT OBJECTIVELY FORESEEABLE, AND ANY OTHER INDIRECT DAMAGES, SUCH AS LOSSES OR PROFIT, OF BUSINESS OR OF OPPORTUNITIES, ARISING FROM ANY DEFECT, ERROR OR FAILURE TO PERFORM EVEN IF MISSVV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
- CONFIDENTIALITY AND PRIVACY OF YOUR OF PERSONAL INFORMATION
Should any link to third parties’ websites be provided on the Services, then You shall be aware that these sites operate independently, and are subject to distinct privacy policies and terms and conditions. Likewise, should the Services be available on other websites, then such websites shall not be seen as affiliated or otherwise related to the Services. In both cases, it is strongly recommended that You review these terms and policies, as MissVV is not responsible for the content or practices of any such websites.
8. CONTACTING MISSVV
8.1 Questions, comments and requests
Address: C.P. 53066 BP Extase, Dorval, Quebec H9S 5W4 CANADA
Email address: firstname.lastname@example.org.
Requests and demands made should be dealt with as soon as possible.
8.2 Withdrawal of consent
MissVV may communicate with You for promotional and marketing purposes by email, pop-ups, mail (postal), telephone and text messages. MissVV will use the same means of communication You chose to contact MissVV or the preferred means specified by You. Should You wish to be removed from one or more of MissVV’s promotional mailing lists, then You should follow the following procedure:
- Text messages: simply reply to the text message with the word “STOP” or “Unsubscribe”, or click on the ready-to-use unsubscribe link in the text message.
- Emails and Pop-ups: click on the ready-to-use “unsubscribe” mechanism provided at the bottom of each email.
- Telephone: Let the person who called You know that You no longer wish to be reached that way. The same applies to any correspondence received by mail.
Should You wish to be removed from one or more promotional lists, You can do so by specifying, on an email, letter or phone call from which list(s) You wish to be removed.
- Force Majeure. MissVV 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, including, without limitation, fire, flood, extreme climatic conditions or other acts of God, failure by telecommunication providers, strikes, picketing, lockout or other labour disputes and/or governmental acts; and such failure or delay will not constitute a breach of these Terms and Conditions. Force Majeure extends to the total or partial failure of a third party from which goods or services are obtained, due to circumstances of force majeure.
- Governing Law. These Terms and Conditions are governed by the laws of the laws in force in Canada and other relevant provincial laws, excluding any conflict of laws provisions.
Effective Date : August 1st, 2016