Terms of service

Here is the English translation for the Terms and Conditions of your website. The terminology used corresponds to standard legal and e-commerce vocabulary in English.

BY: Virgin Mady

Last Updated: July 24, 2020

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE

The following terms and conditions govern and apply to your use of or reliance on the site maintained by Virgin Mady (the "site").

By accessing or browsing the site, you declare that you have read and understood the general terms and conditions of use and agree to be bound by them. Please note that we may modify these terms of use at any time and without notice. Your continued use of the site will be considered your acceptance of the revised terms and conditions.

 

1. INTELLECTUAL PROPERTY

All intellectual property on the site is owned by us or our licensors and includes any material protected by copyright, trademark, or patent. All trademarks are owned, registered, and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features, and any other content, is a collective work under Canadian copyright law or any other copyright law and is the property of Virgin Mady. The elements appearing on this site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or modified, in whole or in part, whether in textual, graphical, audio, video, or executable form, without our written permission.

 

All rights reserved.

2. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the site, including, without limitation, documents, data, or information developed by us, or any other material that might assist you in using the site or services (the "Company Content"). The Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as granting you a license or intellectual property rights.

3. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay close attention to the details of the transaction, as the total price may include taxes, fees, and shipping costs for which you are responsible.

 

When you provide us with a payment instrument, you declare that you have permission to use that payment instrument. When you make a payment, you authorize us, as well as the payment service we use, to charge the total amount to the payment instrument you designated for the transaction. You also authorize us to collect and store this payment instrument as well as any other information related to the transaction.

 

If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total transaction amount. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.

 

We reserve the right to cancel any transaction if we believe the transaction violates these terms and conditions of use or if we believe that doing so can prevent financial loss.

 

To prevent financial loss, we may contact your payment instrument issuer, law enforcement authorities, or any affected third party (including other users) and may share details of any payment associated with you if we believe such action can prevent financial loss or a violation of the law.

4. SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services. We commit to being as accurate as possible regarding all information about the goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that purchasing such products is at your own risk.

5. SHIPPING, DELIVERY, AND RETURN POLICY

You agree to ensure payment for all items you may purchase on the site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address and shipping address, as well as valid billing data. We reserve the right to refuse or cancel an order for any reason, including an error or omission in the data you provide to us. If applicable, if payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time of shipment. You agree to monitor your payment instrument. Shipping and delivery costs, as well as estimated delivery dates, are subject to change due to unforeseen circumstances.

 

For any questions or disputes, you agree to contact us in a timely manner at the following email address: info@virginmady.com

6. ACCEPTABLE USE OF THE SITE

You agree not to use the site for unlawful purposes or any other purpose prohibited under this clause. You agree not to use the site in any way that could harm the site, the services, or the commercial activity of Virgin Mady.

You also agree not to use the site for the following purposes:

  • harassing, abusing, or threatening others or otherwise violating a person's rights;

  • violating the intellectual property of Virgin Mady or any other third party;

  • uploading or transmitting computer viruses or any other software that could damage the property of Virgin Mady or others;

  • committing fraud;

  • creating or participating in gambling activities, a lottery, or an illegal pyramid scheme;

  • publishing or distributing obscene or defamatory material;

  • publishing or distributing any material that incites violence, hatred, or discrimination against any group; and/or

  • illegally collecting information about others.

7. PRIVACY PROTECTION

By using our site, it is possible that you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we might operate.

We may receive information from external applications you use to access our site, or we may receive information about you through various web technologies such as cookies, logs, clear GIFs (also called "web beacons"), tags, and others.

We use the information collected from you to ensure a good experience on the site. We may also track certain passive information received to improve our marketing and analytics, and to do so, we may work with third-party vendors, including other marketers.

 

If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser.

8. REVERSE ENGINEERING AND SECURITY

You may not undertake any of the following actions:

  • reverse engineer or disassemble any code or software on or from this site;

  • violate or attempt to violate the security of the site through unauthorized access, bypassing encryption or any other security tool, data mining, or interfering with any host, user, or network.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Virgin Mady and its affiliates against any claim, suit, or demand, including attorneys' fees, arising out of or relating to your use or misuse of the site, your violation of these terms, or your conduct and actions. If we choose to do so, we will select our own legal counsel and participate in our own defense.

10. SPAM POLICY

You are strictly prohibited from using the site or any service offered on the site for illegal spam-related activities, including harvesting addresses and personal information of others or sending mass commercial emails.

11. THIRD-PARTY LINKS AND CONTENT

We may post links to third-party sites or services. We are in no way responsible for damages or losses related to the use of third-party services whose links are found on our site.

12. SEVERABILITY

If any clause of these terms is found to be unlawful, declared void, or unenforceable, in whole or in part, the unenforceable portion will not affect the validity and enforceability of the other clauses of these terms of use.

13. SERVICE INTERRUPTIONS

We may need to interrupt your access to the site to perform maintenance or unplanned emergency work. You agree that your access to the site may be affected by unplanned or unanticipated unavailability for any reason whatsoever, and that we shall under no circumstances be held liable for damages or losses arising from such unavailability.

14. NO WARRANTY

Although we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that said content is free of errors, up to date, or exhaustive. Under no circumstances can we be held responsible for any damage that may result from an error on the site.

We assume no responsibility for any damage resulting from the misuse of the site's content. Nor can we guarantee that the site will be available without interruption, error, or omission, or that defects will be corrected. It is also impossible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided "as is" and "as available" without representation, warranty, or condition of any kind, express or implied.

If you decide to subscribe to services or features of the site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure its accuracy by making the necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers you choose or are assigned at the time of registration or subscription on Virgin Mady or its partners, and to assume responsibility for all activities related to the use of these passwords or accounts. Furthermore, you agree to notify us of any unauthorized use of your password or member account. We cannot be held liable, directly or indirectly, for losses or damages of any kind resulting from your failure to comply with this provision or related to such failure.

You acknowledge that we may, in our sole and absolute discretion, and without prior notice, suspend, cancel, or terminate your account, your use of or access to the site or any of its services, and remove and delete any information or content relating to the site or any of the services offered (and terminate your use thereof), for any reason whatsoever, including if we believe you have violated these conditions. In addition, you acknowledge that we will in no way be liable to you or to anyone else following such suspension, cancellation, or termination. If you are dissatisfied with Virgin Mady or any of its services, or with any of these conditions, rules, policies, guidelines, or our practices regarding the operation of Virgin Mady or any of its services, your sole remedy is to stop using the site or service in question.

15. CONFIDENTIALITY

Communications via the Internet are subject to interception, loss, or alteration; therefore, you acknowledge that the information or elements you provide electronically by accessing or using this site are neither confidential nor proprietary, except to the extent required by applicable laws, and that unprotected email communications over the Internet may be intercepted, altered, or lost.

16. LIMITATION OF LIABILITY

We are in no way responsible for any damages you might suffer arising from your use of the site, to the full extent of the law. The maximum liability of Virgin Mady arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Virgin Mady in the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or revenue, indirect or punitive damages, negligence, civil liability, or fraud of any kind.

17. QUESTIONS AND ADDITIONAL INFORMATION

For any questions or to obtain further information, please contact us at the following address: info@virginmady.com