MyVIPconcierge Calgary Terms of Service

MyVIPconcierge® Terms of Service

 

These terms are a legal agreement between My VIP concierge inc. (“we” or “us”) and you. You should read all the terms before indicating acceptance. These terms apply to the MyVIPconcierge® online platform, mobile app and any updates, upgrades, supplement, new features that we may introduce from time to time. If new terms accompany any of those updates, upgrades, supplements or new features, then those terms will apply. By using the service and software, you accept these terms. If you do not accept them, do not use the services or software. You are bound by these terms even if you do not read all the terms.

  1. Definitions:
    1. Application” means the MyVIPconcierge® mobile app, together with any content that we have uploaded or input. The term “Application” specifically excludes all User Content and Personal Data;
    2. Distribution Channel Partners” means any condominium corporation or hotel whose information may be listed in the Application or Online Services;
    3. Online Services” means the MyVIPconcierge® online platform for providing information about local area Vendors, listings and events. The term “Online Services” specifically includes any new features and tools that we may introduce from time to time under these terms, together with any content that we have uploaded or input. The term “Online Services” specifically excludes all User Content and Personal Data;
    4. Personal Data” means all personal information about an identifiable individual input by users (but excluding business contact information);
    5. User Content” means content and data (other than Personal Data) that users may generate through use of the Application or Online Services, including Vendor listings, MyCorkboard™ listings, MyVibe™ listings, MyServices™ listings, MyTaste™ listings, MyVolunteer™ listings, classifieds, events, business information, comments, reviews, or other content that the Application or Online Services permits users to generate;
    6. users”, “you” and “your” refer to any users of the Application or Online Services (including Vendors);
    7. Vendor” means a retailer or provider of goods or services, such as a restaurant, drycleaner, grocery store, event venue or other service provider.

 

  1. Your Access: Some areas of the MyVIPconcierge website are accessible without an account. If you access areas of the site without an account, you are still bound by these terms. To access and use certain tools and features of the Application and Online Services, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account.

 

  1. Fees: Vendors may access additional or enhanced features by registering and paying subscription fees. Vendor subscription fees are payable as set forth in the Vendor payment page or the invoice issued by us.

 

  1. Grant of License: You have a license from us to access and use the Application and Online Services for personal use. By entering into this agreement, you grant to us a nonexclusive right and license to host, publish and retain archived back-ups of User Content and Personal Data that you input or submit to us.

 

  1. Important Information About Our Services: Depending on your account, the Application and Online Services permit users to search for User Content, Vendors and related information such as a listing, classified ad, restaurant, store, shop, market, park, sporting venue, event or other retailer, attraction or location.
    Vendors are independent contractors, and not agents or employees of ours. We are not involved in any transactions between users and Vendors. Similarly, other users who post User Content are independent from us, and are not agents or employees of ours.We merely provide a platform or venue for this information. You must decide whether to create an account, input Personal Data, or input User Content, and you accept all consequences of doing any of the foregoing. You must evaluate all information that you receive through the Application or Online Services. We do not vet, confirm, pre-clear, validate or verify any Vendors, any users or any User Content. We do not exercise any control over Vendors or other users, or the quality, validity, accuracy, safety, or legality of Vendors, or the truth or accuracy of User Content. We disclaim all express or implied warranties regarding any Vendors or User Content. You must take steps to verify the quality, validity, accuracy, safety, or legality of any Vendors or User Content.Any disputes between users, customers and Vendors must be settled between the participating users.We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any use of the Application or Online Services.
  1. Termination Rights:
    1. By Us: In the event you breach this agreement or any other agreement with us, we may suspend or terminate your account and your access to Application or the Online Services. We may suspend or terminate your account in the event the account is inactive and abandoned by you.
    2. By You: You may terminate your account and cease use of the Application and Online Services at any time.
    3. Effect of Termination: Once your account is terminated, you will not have access to the contents of that account. You are responsible for backing-up or saving any of your User Content or Personal Data, as you wish, prior to the termination of your account. After termination, we reserve the right to delete or keep any User Content remaining on the Online Services for archive purposes. We will retain Personal Data in accordance with these terms and the Privacy Policy.

 

  1. Personal Data: As an authorized user, you may input certain Personal Data as part of your use of the Application and Online Services. The Personal Data is covered by our standard Privacy Policy, and we claim no rights of ownership to Personal Data that is provided by you. We reserve the right to remove or correct Personal Data if we receive notice of corrections, or if any Personal Data contravenes our acceptable use standards.

 

  1. User Content:  As an authorized user, you may input User Content as part of your use of the Online Services, as the Application or Online Services permit. We claim no rights in User Content. You represent and warrant that (a) such User Content is complete and accurate, (b) you have rights to input the User Content, (c) that such User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) such User Content will comply with our acceptable use standards. You are responsible for all User Content that you generate, input.  We reserve the right to remove or correct User Content if we receive notice of corrections, or if any User Content contravenes our acceptable use standards.

 

  1. Terms for Vendors: Vendors who use the Application or Online Services agree to these additional terms: We reserve the right to suspend or terminate the account, and delete the listing, of any Vendor who breaches a payment obligation, who provides deficient or unsatisfactory services to users, or whose conduct or listings do not conform to this agreement or our standards, in our sole discretion.

 

  1. Terms for Users Who Post User Content: If you use the Application or Online Services to post any User Content (such as MyCorkboard™ listings, MyVibe™ listings, MyServices™ listings, MyTaste™ listings, MyVolunteer™ listings, classified ads, events, etc.), you agree to these additional terms: We reserve the right to suspend or terminate the account, and delete the listing, of any user whose conduct or listings do not conform to this agreement or our standards, in our sole discretion.

 

  1. Acceptable Use: The Application and Online Services may be used only for authorized purposes by users who have agreed to this agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
    1. post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;
    2. threaten bodily harm, destruction of property or otherwise engage in harassment;
    3. transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another’s privacy, or infringes another’s rights;
    4. transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
    5. reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Application or Online Services for any purpose;
    6. use the output of the Application or Online Services for any purpose other than as permitted under this agreement;
    7. delete or revise any portion of our Application or Online Services;
    8. distribute, sell, lease, transfer, assign, trade, rent, publish or license the Application or Online Services as a stand-alone service to others;
    9. engage in linking or framing of any portion of our sites;
    10. aggregate, scrape, harvest or duplicate any portion of our Online Services, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
    11. corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
    12. copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.

 

  1. Advertising Standards: Parts of the Online Services such as MyCorkboard™, MyVibe™ and MyVibe™ permit users (including Vendors) to post User Content which may include advertisements, listings, coupons and classified listings (such as items for sale, local events, meetups, etc.). In addition to the Acceptable Use standards set forth above, you must abide by acceptable advertising standards, and any acceptable advertising policy published by us from time to time. You may not advertise:
    1. Adult products and services;
    2. Sales of alcohol
    3. Contests and sweepstakes
    4. Political campaigning
    5. Healthcare products
    6. Illegal activity
    7. Illicit drugs and drug paraphernalia
    8. Imitation or counterfeit goods
    9. Malware and hacking
    10. Nudity or sexually suggestive content
    11. Online gambling and lotteries, or games of chance
    12. Online pharmacies, prescription drugs and supplements
    13. Products from endangered or threatened species
    14. Tobacco sales
    15. Unacceptable business practices
    16. Weapons and explosives
    17. Weight loss products and services
    18. in any way that offends any advertising law or regulation (including laws prohibiting false advertising, misleading advertising and labelling, exaggerated claims, unverified health claims, bait and switch selling, or any untrue, misleading or unauthorized use of tests and testimonials).

 

  1. Intellectual Property Rights: You agree that the Application, Online Services and all object and source-code, trade-marks, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. MyVIPconcierge® is a trademark of My VIP concierge inc. All other company names and logos displayed on our sites may be trade-marks of their respective owners.

 

  1. Our personal information handling practices are governed by our Privacy Policy. By agreeing to the terms of this agreement, you agree to be bound by our Privacy Policy. We take all reasonable precautions to protect personal information according to strict industry standards.

 

  1. You agree to indemnify us, and our Distribution Channel Partners from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this agreement by you or users of your account, or in connection with (a) the uploading, posting or submission of any User Content or Personal Data by you or users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this agreement or any other agreement with us.

 

  1. General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Application or Online Services. We expressly disclaim any and all liability in connection with our Application and Online Services.  Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you “as is” and “as available”. We do not warrant or make any representations of any kind regarding the use or the results of the use of our Application or Online Services, in terms of their correctness, accuracy, reliability, or otherwise. The content in the Application or Online Services could include technical inaccuracies or typographical errors.  WE AND OUR DISTRIBUTION CHANNEL PARTNERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE USER CONTENT, PERSONAL DATA, OUR APPLICATION OR ONLINE SERVICES, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

  1. RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US AND OUR DISTRIBUTION CHANNEL PARTNERS. IN NO EVENT WILL WE (OR OUR DISTRIBUTION CHANNEL PARTNERS) BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE APPLICATION OR ONLINE SERVICES, OR THE PERFORMANCE OF THIS SITE OR THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT THE AGGREGATE LIABILITY OF US OR OUR DISTRIBUTION CHANNEL PARTNERS SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU OR THE CORPORATE ENTITY UNDER WHOM YOU ACCESS THE ONLINE SERVICES, OR THE AMOUNT OF ONE DOLLAR ($1), WHICHEVER IS GREATER.

 

  1. Jurisdiction & Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.

 

  1. Downtime: The Online Services may experience temporary downtime as we perform routine maintenance or updates.

 

  1. Aggregated Data: We may collect aggregate and use data that is input by users or collected by the Application or Online Services subject to the following: (a) All aggregated data will be anonymized and stripped of Personal Information identifiers and will not be traceable back to you; and (b) we will abide by all applicable privacy protection laws and our Privacy Policy in our handling of such aggregated data.

 

  1. Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.

 

  1. Changes: Changes to this agreement may be made from time to time by us, and the modified form of the agreement will take effect 15 days after posting on our site(s). Continued use of the Application or Online Services after the effective date will indicate your acceptance of the amended terms.  No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment.  To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Application or Online Services, in whole or in part, at our sole discretion, at any time, without notice.

 

  1. Survival: All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement’s expiry or termination for any reason.  The following terms shall survive the termination of this agreement: 6, 9, 11, 13, 14, 15, 16.

 

  1. Miscellaneous: You may not assign or transfer the rights granted to you under this agreement without our prior written consent. We may assign this agreement to a third-party upon written notice to you. This agreement constitutes the entire agreement between us and you with respect to your use of the Online Services. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions.  The parties have required that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. This agreement may be agreed to by electronic acceptance.

 

Additional Terms Applicable to iDevice Users

 

If you download the Application to an iPad®, iPod®, iPhone®, the following terms apply to you:

  1. Your use of the Application is subject to the Usage Rules set forth in the iTunes App Store and Terms and Conditions published by Apple Inc. (“Apple“) as those terms may be updated by Apple from time to time.
  2. You acknowledge that this license is concluded between us and you only, and not with Apple. Apple is not responsible for the Application.
  3. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Application to you in accordance with its policies. You acknowledge that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be as between you and My VIP Concierge Inc.
  5. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  6. You acknowledge that, in the event of any third party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, My VIP Concierge Inc. (not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon the end-user’s acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary hereof.
  8. We hereby notify you that the Application may use push notifications, and you hereby consent to receive such notifications. Any denial or withdrawal of consent may reduce or limit the Application’s functionality. Apple is not responsible for the transmission and use of any push notifications.
  9. We hereby notify you that the Application must collect and transmit location data to permit certain location-based services and functionality; you hereby consent to the collection, transmission and use of your location data by the Application strictly for purposes of these location-based services and functionality. Any denial or withdrawal of consent may reduce or limit the Application’s functionality. Apple is not responsible for the collection, transmission and use of any location data.
  10. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

END OF TERMS

 

PRIVACY POLICY

 

  1. Our Privacy PledgeWe take privacy and confidentiality very seriously and we safeguard the Personal Data of our users in accordance with this Policy.The term “Personal Data” means all personal information about an identifiable individual input by users (but excluding business contact information).

 

  1. ConsentBy using our Application or Online Services and supplying Personal Data to us, you consent to the collection, use and disclosure of your Personal Data by us for the purpose of providing services to you via the MyVIPconcierge® site, and administering your account in accordance with: (a) this Policy, (b) any other agreement you may have entered into with us, and (c) applicable laws and regulations.  It is your responsibility to ensure that we are kept informed of the correct and current contact information for you.

 

  1. Information PostingBy posting any Personal Data to the portions of our site which are accessible by other users, including any content that may contain Personal Data, you consent to the display of that Personal Data.

 

  1. CommunicationYou authorize us to communicate with you regarding our services and your account. You authorize us to communicate with you via the internet and via the email address you have provided.  You understand and accept the risk that Personal Data and information transmitted over the internet is susceptible to error or security breaches.

 

  1. Information SharingWe do not share, trade, sell or in any way disclose your Personal Data without your consent unless such a disclosure is: (a) permitted under this Policy; (b) required by law; (c) mandated by search warrant or court order; or (d) warranted during investigation of the commission of an offence, a breach of a contract, or breach of a law or regulation; or (e) otherwise permitted under personal information protection laws.

 

  1. Dispute ResolutionIn the event you have a question, complaint or dispute regarding your personal information or our personal information handling practices, contact us at the number(s) or email address(es) as displayed in the “Contact Us” section of our website.

 

  1. ChangesChanges to this Policy may be made from time to time by us, and the modified form of the Policy will take effect 30 days after posting on this page.