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TERMS OF USE AND PRIVACY AGREEMENT

 

BACKGROUND

 

Pelvienne Wellness Inc. and Buff Muff Wellness Inc ("Pelvienne Wellness", #Buff Muff Wellness” "we" or "us") is dedicated to bringing you simple, natural, effective ways to promote and maintain the health of your pelvic floor.  We want you to feel as comfortable and confident as possible about the products and services we offer.

 

Pelvienne Wellness offers certain online services through its various websites (the “Pelvienne Wellness Websites”), which include the following websites:  (www.vaginacoach.com, (b) www.buffmyffapp.com and (c) all other webpages owned, operated, or branded by or as Pelvienne Wellness URLs, domain names, and webpage.  As part of the Pelvienne Wellness Websites, Pelvienne Wellness operates an online course platform and app (the "Online Store" and “App”) and Pelvienne Wellness offers, and may in the future offer, additional online services.  For the purposes of this Agreement, “Services” shall mean all of the above, including, without limitation, the availability to you of Pelvienne Wellness Websites, and the Online Store. 

 

The Pelvienne Wellness Websites are maintained and updated frequently to bring you the latest information online.  Although our technicians do their best, Pelvienne Wellness cannot be held responsible for, and you waive any claim against Pelvienne Wellness in respect of errors and omissions.

 

The Pelvienne Wellness Website is hosted and/or operated in Canada.

 

TERMS & CONDITIONS

 

For good and valuable consideration, the receipt and sufficiency of which is acknowledged, Pelvienne Wellness and you, the Client (referred to herein as “you” or the “Client”) agree as follows:

 

  1. Terms of Use.  This Agreement (the "Agreement") sets forth the terms for your use of the Services.  You are only authorized to use the Services upon the express condition that your use of the Services is in accordance with all applicable laws and the terms of this Agreement.  Please read this Agreement carefully.  Your use of the Services or any part thereof constitutes your (as well as your parent or legal guardian, if you are under the Legal Age) acceptance of this Agreement.  In addition to the foregoing, your purchase of any products or items through the Online Store constitutes your acceptance of the terms of this Agreement.  If you do not agree to be bound by this Agreement, you are not authorized to access the Pelvienne Wellness Websites or to use the Services. 

 

  1. Amendments.  Pelvienne Wellness may modify this Agreement from time to time and such modification shall be effective immediately upon posting such modifications on the Pelvienne Wellness Websites or any of them.  Your continued use of the Services after Pelvienne Wellness has posted a revised Agreement constitutes your acceptance of the revised Agreement.  The term “Agreement” when used herein shall be deemed to include all amendments to this Agreement, as and when they are incorporated into this Agreement, regardless of whether you have accessed the most recent version of this Agreement.  Accordingly, you should access this Agreement each time you use any of the Services.

 

  1. Representations & Warranties.  You represent and warrant that:
    1. You are of legal age to form a binding agreement (“Legal Age”).  If you are not of Legal Age, you are not authorized to use the Services unless:  (a) you have received the permission of your parent or legal guardian and (b) your parent or legal guardian, by granting such permission agrees to be bound by this Agreement and in such a case, the term “you” and “Client” shall be deemed to included your parent or legal guardian.
    2. You will provide true, accurate, current and complete information about yourself ("Client Information") as prompted and you will maintain and promptly update your Client Information to keep it true, accurate, current and complete.

 

  1. Pelvienne Wellness has the right to refuse, suspend or terminate your current or future use of the Services (or any portion thereof), without warning, if:
    1. we believe that you are under the Legal Age and you represent yourself as being of or over the Legal Age;
    2. you provide, or Pelvienne Wellness suspects that you have provided, any information that is untrue, inaccurate, not current or incomplete.

 

  1. Term.  This Agreement shall be effective from the moment you access the Pelvienne Wellness Websites and/or use the Services, and shall remain in full force and effect even after you cease your use of the Services.

 

  1. Privacy.   

6.1  Pelvienne Wellness is committed to protecting your privacy.  Information collection and use is governed by this Agreement, and specifically by Pelvienne Wellness’ Privacy Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement.

6.2  You acknowledge and consent to Pelvienne Wellness collecting, using, accessing, and storing your information for its legitimate business purposes, and disclosing your Client Information if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for service and/or technical support; or (v) protect the rights, property, or personal safety of Pelvienne Wellness, its other clients and other users of the Services and/or the public.

6.3  All collection, use, access, storage, and disclosure of your Client Information will be in accordance with applicable privacy legislation in British Columbia.

6.4  Notwithstanding that you may access Pelvienne Wellness Websites or utilize the Services from a location outside of British Columbia, your use of the Pelvienne Wellness Websites and access to the Services constitutes your agreement that the laws of British Columbia shall govern exclusively and you agree to attorn to the jurisdiction of British Columbia exclusively. 

6.5  In the event the Pelvienne Wellness Websites contain links to other sites, Pelvienne Wellness is not responsible for (and you waive all claims against Pelvienne Wellness with respect to) the privacy practices or the content of such sites and your use of such sites is at your own risk.

6.6  Pelvienne Wellness cannot, and does not, guarantee the confidentiality of any information transmitted to Pelvienne Wellness via the Pelvienne Wellness Websites or by e-mail.

 

  1. Prices. 

7.1    Subject to Change.  All prices listed on the Pelvienne Wellness Websites are subject to change without notice.  For up to date information, please contact Pelvienne Wellness by telephone during normal business hours.

7.2    Taxes.  All prices listed on the Pelvienne Wellness Websites are inclusive of all taxes. 

7.3    Shipping and Handling.  

  1. Shipping and handling charges (“S&H Charges”) are not included in the listed price(s).  All such charges (if applicable) will be calculated at checkout.  The completion of your purchase constitutes your acceptance of the S&H Charges. 

7.4    Secured Processing Partners.  In order to purchase products or items (collectively, "Products") through our Online Store, you may be required to register with our processing partners, which are currently Stripe and PayPal Pte. Ltd. (our "Secured Processing Partners") and create an account with our Secured Processing Partner.  Your purchase of any Products and use of any services provided by our Secured Payment Partner is governed by our Secured Payment Partner's terms, conditions and policies.  We reserve the right to utilize a different Secured Processing Partner and, in such a case, the term Secured Processing Partner shall include such different processing partner(s).  We are not responsible for any Secured Processing Partner website, service, account, or information collected by such Secured Payment Partner and you are solely and entirely responsible for, and waive any claim against us for, any and all use of your accounts you may have with our Secured Processing Partner.   

7.5    Payment Options.  We currently accept payment via American Express, MasterCard, and Visa.  We do not accept payment in any other manner, including, without limitation, COD, layaway plan, personal cheques, Money Orders, credit cards with issuing banks and billing addresses outside the U.S. or Canada.

7.6    Billing Information.  For your security, your billing name and address must match that of the credit card used for payment.  We reserve the right to cancel any order where there is a mismatch of information.

 

  1. Product Availability.

8.1    Temporarily Out of Stock.  If a Product you have selected is temporarily out of stock at the time of your order, the Product will be placed on backorder and we will use reasonable efforts to notify you via such email as you have provided to us and advise you of the expected ship date of the backordered Product.

8.2    Backorders & Shipping.  Backordered Products are shipped as soon as they are available.  If your order contains Product(s) that are in–stock and Product(s) that are backordered, the in-stock Product(s) will be shipped immediately and the backordered Product(s) will be shipped as soon as they are available.  There are no additional shipping charges for the separate shipment of the backordered Product(s).  If for any reason you wish to cancel a backordered Product after ordering but prior to delivery, please contact us and we will make reasonable efforts to cancel such backordered Product, it being understood that this may not be possible in all cases.  Products that are not in stock at the time of purchase are not eligible for promotional offers. 

 

  1. Orders.  

9.1    Processing.  We will use reasonable efforts to process orders of Physical Products (“Physical Orders”) within twenty-four (24) hours of receipt of payment (the "Processing Date"). We will process orders of online Programs (“Digital Orders”) immediately.

9.2    Delivery.  We will use reasonable efforts to deliver Physical Orders within 2 – 5 business days of the Processing Date.  Delivery of Digital Orders is immediate. Processing of physical orders and delivery estimates do not include weekend days and federal and statutory holidays in Canada and British Columbia.  Business days are Monday-Friday.  Orders placed on weekends and federal or statutory holidays will be processed on the next business day.

9.3    Cancellation of Orders.  Should you wish to cancel your order please send an email to us at [email protected]

9.4    Notice of Cancellation.  If your Order is cancelled, we will send an e-mail notice to the e-mail address you provided, explaining the reason(s) for the cancellation.

9.5    Billing.  You will not be billed for any cancelled Digital Orders cancelled pursuant to section 9.3 of this Agreement.

9.6    If you are interested in placing a new Order or if you have questions about a cancelled Order, please contact us [email protected]

 

 

  1. Proprietary Rights.  

10.1The Services and any and all content and materials (including but not limited to all Pelvienne Wellness Products, logos, trade-marks,  and all other intellectual property) posted or otherwise described on or available through the Pelvienne Wellness Websites or otherwise created by Pelvienne Wellness or its licensors and associated with the Services (collectively, the "Content") are owned by Pelvienne Wellness or its licensors, and are protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws).  For greater certainty, but without limitation, Pelvienne Wellness or its licensors own(s) and retain(s) all rights in the Content and no grant of ownership or license is granted to you.  Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute or export the Content, or create or cause to be created any derivative works based on the Content, in any manner and you shall not otherwise exploit the Content in any unauthorized way whatsoever.

10.2Usage Rules.  You understand that the Services use a technology that protects digital information and that your use of the Services and materials and Content made available by or through the Services is subject to certain rules ("Usage Rules") established by Pelvienne Wellness and its licensors and Content providers.  You agree:

  1. to comply with such Usage Rules, as established by Pelvienne Wellness from time to time, and you agree to not violate, or attempt to violate, any of the Usage Rules.
  2. to not attempt to, or assist another person in attempting to, circumvent, override, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
  3. that the Usage Rules may be controlled and monitored by Pelvienne Wellness for compliance purposes, and Pelvienne Wellness reserves the right to enforce the Usage Rules with or without notice to you. 
  4. to not modify, or attempt to modify, any software provided, or otherwise made available to you, by Pelvienne Wellness Inc or any of its licensors or providers (the "Pelvienne Wellness Software") in any manner or form, or to use modified versions of the Pelvienne Wellness Software for any purpose including obtaining unauthorized access to the Services.

10.3 Any unauthorized reproduction, publication, exportation, further distribution or public exhibition of the Services or Content, in whole or in part, is strictly prohibited.  Pelvienne Wellness reserves the right to investigate and take appropriate legal action against anyone who, in Pelvienne Wellness’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:

  1. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
  3. forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services;
  4. covering or obscuring the banner advertisements on any Pelvienne Wellness Websites pages;
  5. impersonating or attempting to impersonate another client, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  6. selling or otherwise transferring any of the Services;
  7. exporting Products outside of Canada;
  8. accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; and
  9. using the Services in a manner inconsistent with any and all applicable laws and regulations.

10.4 Linking.  The creation and use of links to the Pelvienne Wellness Websites, and the creation and use of links by Pelvienne Wellness on the Pelvienne Wellness Websites, are governed by this Agreement, and specifically by Pelvienne Wellness Linking Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement.

 

  1. Disclaimer and Limitation of Liability.

11.1Your use of the Services is at your sole risk.

11.2Any material downloaded or otherwise obtained or viewed through your use of the Services is done at your own discretion and risk and you are solely and entirely responsible for any damages which my occur as a result of same, including but not limited to damage to your computer system or loss of data that results from the download of any such material.

11.3Pelvienne Wellness makes no warranty that information, software and/or other material accessed or viewed using the Services will be free of viruses, bots, worms, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.

11.4Pelvienne Wellness is not responsible for the conduct, whether online or offline, of any user of the Services.

11.5Pelvienne Wellness and/or third parties may provide links to other Internet sites or resources.  Inclusion of any link or resource on the Services does not imply the approval or endorsement of Pelvienne Wellness.  When you access such sites or resources, you do so at your own risk.  Pelvienne Wellness has no control over third party websites or resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by Pelvienne Wellness.  You expressly acknowledge and agree that Pelvienne Wellness is not responsible for the availability of such external sites or resources, and that Pelvienne Wellness does not endorse and is not responsible or liable for any content, advertising, products, opinions or other materials on, or available from or through such sites or resources. You further expressly acknowledge and agree that Pelvienne Wellness is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

11.6Pelvienne Wellness and/or third parties may create and/or otherwise provide advertisements and applications to you.  Pelvienne Wellness takes no responsibility for third party advertisements or applications that are created and/or posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such advertiser. You agree that Pelvienne Wellness is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on the Services.

11.7Pelvienne Wellness assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Client communication (whether via the Internet, telephone, "wireless" or any other method of communication).

11.8Pelvienne Wellness is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.

11.9Unless otherwise expressly set out herein, the Services and Products sold through our Online Store are provided "as-is" and "as available" and Pelvienne Wellness expressly disclaims any and all warranties, representations and conditions of any kind, whether express or implied, including but not limited to any/all implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.  Pelvienne Wellness cannot guarantee and does not promise any specific results from your use of the Services or Products.

11.10      No advice or information, whether oral or written, obtained by you from Pelvienne Wellness or through the Services shall create any new warranty, representation or condition.

11.11      Pelvienne Wellness makes no warranty, express or implied, that:

  1. the Services or Products will meet your requirements
  2. the Services will be uninterrupted, timely, secure, or error-free
  3. the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or
  4. any errors in the services will be corrected.

11.12      IN NO EVENT SHALL Pelvienne Wellness (or it's affiliates, licensors, contractors and their respective employees) be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to damages for lost profit , goodwill, use, data, or other intangible losses (even if Pelvienne Wellness has been advised of the possibility of such damages), resulting from:  (i) the use or the inability to use the Services or otherwise access the internet or any part thereof; (ii) the use or the inability to use any Products; (iii) the disclosure of information by Clients to Pelvienne Wellness; (iv) any content posted on or through the Services (v) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (vi) unauthorized access to or alteration of your transmissions or data; (vii) statements or conduct of any other client or third party, whether online or offline; (viii) spyware, malware or viruses contracted from using the internet or otherwise through the Services; or (ix) any other matter relating to the Services or the Products.  Notwithstanding anything to the contrary contained herein, Pelvienne Wellness’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Pelvienne Wellness for the Services or Products sold to you through the Services.  In the event your jurisdiction does not allow the exclusion of the warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages, these provisions will be limited to the maximum amount prohibited by law. 

 

  1. General.

12.1Jurisdiction.  This Agreement shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, and the federal laws of Canada where applicable, without regard to conflict of law provisions.  You expressly agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia to resolve any dispute arising out of this Agreement or the Services.

12.2Indemnity.  You indemnify and hold Pelvienne Wellness and its employees, subsidiaries, affiliates, directors, officers, agents, partners, licensors and their respective employees harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of Content and/or third party contact information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, and your violation of any rights of any others.

12.3Independent Legal Advice.  You acknowledge having read, understood and agreed with all of the provisions of this Agreement and have agreed to the terms contained herein without any form of duress being exerted upon you and acknowledge having had the opportunity to obtain independent legal advice with respect to it.

12.4No Waiver.  Pelvienne Wellness shall not be deemed to have waived the exercise of any right that it holds under this Agreement, at law or in equity, unless such waiver is made in writing.  No waiver made with respect to any instance involving the exercise or non-exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other such right.

12.5Severability.  In the event any provision of this Agreement is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision or part thereof and the remaining terms and provisions of this Agreement remain in full force and effect.

23.6Statute of Limitations.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12.7Force Majeure.  Pelvienne Wellness shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or for any interruption in the Services resulting directly or indirectly from any act of God or the Queens' enemies, a lawful act of a public authority, a delay or default by a common carrier, fire, explosion, power failure, flood, epidemic, riot or civil disturbance, sabotage, accidents, insurrections, blockades, embargoes, storms, labour disputes, strikes or similar event, which cannot reasonably be foreseen or provided against.

12.8Interpretation.  The division of this Agreement into sections, subsections, paragraphs and/or clauses and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement.  Each capitalized term has the meaning given to it in this Agreement.

12.9Entire Agreement.  This instrument is the complete and exclusive agreement between you and Pelvienne Wellness, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject-matter of this Agreement. 

 

13.1 Waiver

Whereas Pelvienne Wellness Inc has a great deal of knowledge and expertise in the area of prenatal/postpartum physical fitness, personal training and pelvic floor wellness and Whereas “the Participant” wishes to benefit him/herself from Pelvienne Wellness Inc’s services, advice and programs.

 

13.2AWARENESS OF RISKS

  • I acknowledge that there are risks associated with participation in the activities and programs offered by Pelvienne Wellness Inc.  I have informed myself and understand the risks associated with my participation in these activities and programs including the risk of personal injury, and I freely accept these risks.
  • I understand that I am free to withdraw from or reduce my participation in the activities and programs offered by Pelvienne Wellness Inc at any time.
  • I am not aware of any medical condition that would affect my ability to participate in the activities and programs offered by Pelvienne Wellness Inc.  If I have any concerns about my medical condition I will consult with my physician before participating in the activities and programs offered by Pelvienne Wellness Inc.

 

13.2RELEASE AND WAIVER

In consideration of the acceptance of my registration for the activities and programs offered by Pelvienne Wellness Inc, I hereby, for myself, my heirs, executors, administrators, or any others who may claim on my behalf, promise not to sue, and hereby waive, release and discharge Pelvienne Wellness Inc ., its directors, officers, employees, volunteers and anyone acting for or on their behalf, from any and all claims of liability for personal injury, illness, loss of life or property damage of any, kind or nature, arising out of or sustained in the course of participation in the activities or programs offered by Pelvienne Wellness Inc.  This Release and Waiver applies to all claims, foreseen or unforeseen, including negligence and breach of statutory or other duty of care.

 

I agree that these terms and conditions are intended to be as broad and inclusive as permitted by law.  Any provision found to be invalid or unenforceable by a court shall not affect the validity of enforceability of any other provision.

 

I have read this document carefully and acknowledge that I have complete knowledge and understanding of its contents.  I recognize that by agreeing to the terms I am waiving certain legal rights, including the right to sue.  I am agreeing to these terms voluntarily.