Pelvienne Wellness Inc. ("Pelvienne 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: (a) www.pelvicfloorwellness.com, (b) www.epi-no.ca, (c) www.fitnessdoula.com; and (d) 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 retail service (the "Online Store") 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:
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 exclusive of all taxes. Applicable taxes will be added to the listed price at the time of purchase.
7.3 Shipping and Handling.
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 partner, which is currently PayPal Pte. Ltd. (our "Secured Processing Partner") 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.
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.
9.1 Processing. We will use reasonable efforts to process orders of Products (“Orders”)within twenty-four (24) hours of receipt of payment (the "Processing Date").
9.2 Delivery. We will use reasonable efforts to deliver Orders within 2 – 5 business days of the Processing Date. Processing 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. Once you have finalized your Order, which is defined as the moment you click “Send My Order” or equivalent, you cannot cancel or change your Order. Our system is designed to process and ship and all Orders are final, except that Pelvienne Wellness may cancel Orders at its sole discretion for the following or reasonably similar reasons to the following:
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 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.
9.7 Outside Canada. We are currently unable to accept any Orders for the Epi-No Delphine Plus or the Epi-No Libra (collectively, the "Epi-No System") billed or shipped to destinations outside of Canada and if you purchase the Epi-No System, you represent that your purchase is for personal use only and you will only use the Epi-No System in Canada. All other Products available for purchase in our Online Store are available throughout Canada and the United States, unless otherwise noted. Notwithstanding the foregoing, in the event the Epi-No System is purchased in Canada and shipped, delivered, or otherwise brought, either by you or by a third party, with your express or implied consent, to the United States, you acknowledge and agree that in such a case:
9.8 Non-Refundable. Notwithstanding the foregoing,Shipping and handling fees (including but not limited to postage and freight charges, customs fees, and charges incurred by Pelvienne Wellness resulting from U.S. orders of the Epi-No Products) are non-refundable.
10.1 Eligibility. Your complete satisfaction is important to us. You may return any Product (subject to the restrictions found in section 9.7 of this Agreement) shipped by Pelvienne Wellness, for a full credit or refund subject to the following:
10.2 Return Fee. We will provide free return shipping and handling if your return is the result of our error (damaged, defective, or incorrect Product, etc.), as determined by us, acting reasonably, which may be applied as a credit towards future purchases. In all other cases, a return shipping and handling fee will apply. All return shipping charges must be prepaid. We do not accept 'COD' deliveries.
10.3 Returning Product. If you wish to return Product(s) to us, please contact us to arrange for the pick-up of the Product(s) to be returned.
10.4 Damaged or Defective Product. If you receive damaged or defective Product and you would like to return such damaged or defective Product, you must contact us by phone or via e-mail within five (5) days of delivery, and provide us with the Order number and Product number as well as your e-mail address and phone number. If you do not contact us within five (5) days of delivery, you will be deemed to have accepted the Product and you cannot return damaged or defective Product.
11.1The 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.
11.2Usage 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:
11.3Any 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:
11.4No Resale. You agree not to reproduce, duplicate, copy, sell, trade, distribute or exploit for any commercial purposes, any portion of the Services or the Content.
11.5International Use. Recognizing the global nature of the Internet, in addition to the foregoing, you agree to comply with all local rules and laws regarding online conduct and use of the Internet.
11.6Linking. 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.
12.1Your use of the Services is at your sole risk.
12.2Any 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.
12.3Pelvienne 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.
12.4Pelvienne Wellness is not responsible for the conduct, whether online or offline, of any user of the Services.
12.5Pelvienne 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.
12.6Pelvienne 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.
12.7Pelvienne 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).
12.8Pelvienne 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.
12.9Unless 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.
12.10 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.
12.11 Pelvienne Wellness makes no warranty, express or implied, that:
a. the Services or Products will meet your requirements
b. the Services will be uninterrupted, timely, secure, or error-free
c. the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or
d. any errors in the services will be corrected.
12.12 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.
13.1Jurisdiction. 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.
13.2Indemnity. 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.
13.3Independent 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.
13.4No 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.
13.5Severability. 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.
13.6Statute 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.
13.7Force 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.
13.8Interpretation. 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.
13.9Entire 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.
Please contact Pelvienne Wellness if you have any questions, comments or concerns regarding this Agreement.
Pelvienne Wellness Inc.
INFORMATION WE COLLECT
When you use the Services, we may collect three types of information:
(1) Personal Data
Personal Data is any information directly or indirectly relating to an identified or identifiable individual, such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
(2) Aggregate Information
Aggregate Information is information about your activities on or in connection with the Services that typically cannot be used to identify, locate, or contact you. For example, Aggregate Information includes information regarding the frequency of use of the Services, quantity and type of data entered when using the Services, components of the Services most frequently accessed, and browser types used to access the Services.
(3) Cookies, etc.
COLLECTING PERSONAL DATA
Pelvienne Wellnesscollects Personal Data when:
(1) you sign up for the Services
(2) you use certain features of the Services that require the collection of Personal Data in order for those features to function
(3) you voluntarily enter or upload Personal Data to or through the Services
(4) you communicate with Pelvienne Wellness, whether through the Services or through another form of communication, such as e-mail or telephone
COLLECTING AGGREGATE INFORMATION
Pelvienne Wellness collects Aggregate Information resulting from your use of the Services.
USING AND SHARING PERSONAL DATA
Pelvienne Wellnessuses Personal Data:
(1) to provide the Services
(2) to improve the features and functionality of the Services
(3) to communicate with you in response to any of your questions and requests
(4) to provide relevant marketing and other information to you, but only if, and to the extent that, you have consented to us providing such marketing and other information to you in accordance with applicable laws. In such a case, we will provide an easy link to permit you to "opt-out" of receiving future marketing communications.
In rare cases, we may be required to share certain information with legal authorities. In such a case, we will provide only the minimum amount of information required and, unless prohibited by law, we will notify you of the Personal Data it has provided.
We may share Personal Data with third party service providers as we deem necessary for such third party service providers to perform their duties required for the Services to function. For example, the Services may utilize mail relays, payment processers and hosting providers. A list of third party service providers used by Pelvienne Wellnessis available to you upon your request. These third party service providers are not authorized to retain, share, store or use Personal Data for any purposes other than to provide the services for which they have been retained to provide
USING AND SHARING AGGREGATE INFORMATION
Pelvienne Wellness uses Aggregate Information:
(1) to providethe Services
(2) to improve the Services
(3) to monitor usage of the Services
(4) to analyze usage of the Services
(5) to research, compile, and report on usage trends, user demographics, and user behaviors
(6) for other legitimate business purposes.
Pelvienne Wellness may share Aggregate Information with its affiliates and certain third parties, such as investors, potential investors, and third party service providers we use to provide the Services.
Aggregate Information is anonymized and does not have the capacity to be used to identify an individual. In other words, Pelvienne Wellness may share this information, but no Personal Data will be disclosed to third parties.
When you click on links in our on-line store or through our website, they may direct you away from our website. We are not responsible for the privacy practices of other sites and encourage you to read their respective privacy policies. You may also be re-directed to our Facebook page or to our other websites.
HOW DO WE OBTAIN YOUR CONSENT?
If we ask for your Personal Data for reasons such as marketing, we will ask you for your consent. If, after you opt-in to using our website and provide us with certain Personal Data, you change your mind, you may withdraw your consent at any time, by emailing our privacy officer at [email protected] or mailing us at: 1-181 Ravine Drive Port Moody BC V3H4T3
SECURITY AND DATA PROTECTION
Pelvienne Wellness takes appropriate security measures to protect Personal Data against unauthorized access, alteration, disclosure or destruction.
Such measures include internal reviews of Pelvienne Wellnesses data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where Personal Data is stored.
DATA PROCESSING AND GDPR
Effective May 25th, 2018, individuals located in or originating from certain regions, such as the European Economic Area, have certain rights in relation to their Personal Data, as outlined in Regulation (EU) 2016/679 (General Data Protection Regulation, commonly referred to as “GDPR”). To the extent Pelvienne Wellness has access to, or processes Personal Data for individuals who are subject to GDPR, Pelvienne Wellness will adhere to the requirements of GDPR.
Pelvienne Wellnessmay transfer your Personal Data to countries other than the one in which You live.
You have the right to access your Personal Data and require Pelvienne Wellnessto update, delete or correct this information. The Services permit you to update this information directly. We will take all reasonable steps to update or correct Personal Data in Pelvienne Wellnessespossession.
Pelvienne Wellness may require certain financial information, such as credit card information. We will not share this financial information, other than the financial institutions involved in processing your payment. At all times, we will comply in all respects with applicable consumer protection laws.
CHILDREN AND AGE OF CONSENT
By using our website, you represent that you are at least the age of majority in your jurisdiction of residence (and, in any case, you are at least 18 years old), or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this website.
We don’t knowingly collect or solicit Personal Data from anyone under the age of 18 or knowingly allow such persons to register. If we become aware that we have collected Personal Data from a child under the relevant age without parental consent, we take steps to delete that information.
If our store and/or company is acquired or merged with another company, your information may be transferred to the new owners so that they may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any Personal Data we have about you; register a complaint, or simply want more information, contact our Privacy Compliance Officer at [email protected] or by mail at: 1-181 Ravine Drive Port Moody BC V3H4T3