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Terms of Use

Date of Last Revision: 22 November 2013

 

By accessing our website, www.mymayu.com, or using our online services or mobile application(s) (collectively the "Sites"), you are agreeing to the terms and conditions set out below, so please read them carefully.

The following terms and conditions may change at our discretion at any time, and without notice to you. If we change the terms and conditions, we may post a notice on our website identifying the date of the change(s). Your continued use of the Sites constitutes acceptance of any such changes. If you have any questions concerning these terms and conditions, please contact us at service@mymayu.com. For our Privacy and Security Policy, please refer to Privacy and Security.

All orders and purchases of MyMayu products and services made through the Sites are also governed by these terms and conditions. The Sites are not intended for use by anyone under the age of 13 and thus by using the Sites or registering for an account on any of them you represent that you are 13 years of age or older. When registering for an account, you agree that you will: a) provide accurate and true information; b) maintain the secrecy of your account password and c) notify MyMayu in a timely manner should your information change or should you suspect a security breach pertaining to your account. Upon confirmation of an order on the Sites, you agree to pay all charges displayed in your order by credit card or other method. You further warrant and represent that the credit card information submitted for orders on the Sites is accurate and that you are the authorized or designated user of the said credit card. You further authorize MyMayu to charge the credit card submitted. Please not that, in order to place an order with us on the Sites, you must be 18 years of age or older.

Use of MyMayu products and services and orders placed on the Sites are governed by the laws and the courts of the province of British Columbia, and by the applicable laws of Canada. The user is also responsible for complying with these laws. The user accepts and agrees that any dispute between the user and MyMayu will be governed by the laws and Courts of British Columbia and the applicable laws of Canada and the principles of conflict of laws will not apply. The user acknowledges, understands and accepts that the United Nations Convention on Contracts for the International Sale of Goods will not apply.

While we do our best to provide accurate product descriptions, we do not warrant that product descriptions are error-free, complete or current. Your sole remedy for inaccuracies in this regards is to return the product in an unused condition for a full refund of the purchase price.

We may correct errors or inaccuracies and change or update information on the Sites at any time and without notice, including prices and item availability. All sizes and weights quoted on the Sites are approximate. All prices listed on the Sites are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion.

We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control such as those due to the acts of third parties or inclement weather.

We will make reasonable efforts to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.

 

Ownership of Site Content and Copyright

All textual and graphic content on the Sites, their organization and presentation, and the organization and domain name are the property of MyMayu. Accordingly, all content of the Sites is copyrighted by MyMayu and all rights are reserved. The textual and graphic content, including, but not limited to, textual information, descriptions, photographs, images, logos, slogans and trademarks on the Sites may not be copied, reproduced, posted, or republished in any way on any other website or for any commercial use without prior consent of MyMayu. The said content may be downloaded and displayed for legal personal use only.

The trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of MyMayu, and any use of them in whole or in part is strictly prohibited.

The images and likenesses of people displayed on the Sites are used in accordance with all applicable laws or with the express permission of those persons. Note that use or republication of any image of a person displayed on our website without the express permission of that person may violate the privacy rights of that person.

 

Using Linked Content

The Sites may provide links to other websites for your convenience and thus no affiliation or endorsement of content of the linked sites should be assumed. Note that the linked sites are independent sites and therefore MyMayu has no control over their contents or use. Further note that any access of these links through the Sites is done at your own risk and MyMayu accepts no liability for those websites, their contents or their use.

 

User Submitted Content

Visitors to the Sites may submit comments, reviews, ideas or questions concerning MyMayu products or services. By submitting content, you, the user, represent and warrant that you have full right and authority to submit that content, and that you have sole copyright and proprietary right over that content. If any image or likeness of a person is submitted by a user, it must only be done so with the permission of the person and may not infringe upon that person's rights to privacy. Users may not contribute any information that may be misleading concerning any person, company, product or service. Users may not contribute any content that may violate the trademarks or other intellectual property of any person or company. Further, users may not contribute, post or transmit unlawful, defamatory, or threatening material that would constitute or encourage criminal offenses, or violate any law. If you submit a review of our products or services, you agree to provide your opinions honestly and in good faith and agree to disclose any interest that you may have that might influence your opinion or review. All opinions submitted are strictly those of the person submitting them and MyMayu does not endorse or approve any user opinions. Further, MyMayu accepts no responsibility or liability for the accuracy of any user posted comments or reviews.

Although MyMayu is not obligated to screen, edit or monitor any user submitted content, we reserve the right not to publish, or to remove, any content we deem inappropriate for any reason whatsoever. MyMayu accepts no responsibility and assumes no liability whatsoever for user submitted content that may be misleading, defamatory, obscene or profane. At the same time, we encourage users to report any content that may be posted on our site in contravention of these terms and conditions. We reserve the right to enforce these terms and conditions at our sole discretion and the absence of enforcement of these terms in some instances does not constitute waiver of the terms and conditions and our enforcement of them in other instances.

 

Rights in User Submitted Content

Except as otherwise advised, MyMayu claims no ownership or control over user submitted content. However, note that, by submitting content on our site, you agree and accept that you are granting us non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, publish, modify, distribute and display the said content on the Sites and third party sites including, but not limited to Twitter, Facebook and Pinterest. By submitting content, you represent and warrant that the content is non-confidential and that you have all rights, title and interest in the content. Further note that you agree and accept that any reviews, comments, suggestions or ideas concerning MyMayu products or services submitted to the Sites are non-confidential and become our sole property. This means that you agree and accept that we are entitled to the unrestricted use and dissemination of those reviews, comments, suggestions or ideas for any purpose, commercial or otherwise, without prior acknowledgement or compensation to you. You further agree that MyMayu may use the name that you provide in connection with submitted content. We advise you not to send us such feedback if you want to be paid or claim continued right in your feedback. In the event that MyMayu holds a contest in which alternative terms and conditions will apply to user submitted content, we will publish the applicable rules pertaining to that contest.

You understand and agree that you will indemnify and hold harmless MyMayu, its affiliates, officers, agents, partners, employees, independent contractors, service providers and consultants and their respective directors, employees and agents from and against any and all claims, damages, costs, liabilities and expenses (including, but not limited to reasonable legal fees) arising from or related to your use of the Sites, including but not limited to submitted content or feedback.

 

Our Liability

The Sites should be accessed and used at your own risk. Though reasonable efforts have been made to ensure the Sites' content is current and contains no inaccuracies or errors, no guarantees are made that the said content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be cancelled.

We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete, garbled, or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.

MyMayu, its directors and officers or its employees are not liable for any damages arising out of or related to access to or use of the Sites, or sites linked to, whether or not these damages are foreseeable and whether or not we have been advised of the possibility, including, without limitation, direct, indirect, special, consequential, incidental or punitive damages.

If any provision of the foregoing Terms of Use shall be deemed unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from the Terms of Use and shall not effect the validity or enforce-ability of any remaining provisions.

This agreement between MyMayu and you, the user, supersedes all prior agreements and understandings pertaining to this subject matter.

 

Disclaimers

Except as expressly set out herein, MyMayu products, the Sites and their content, user submitted content and services provided on or in connection with the Sites are provided on an "as is" basis and thus no further warranties or conditions should be implied. MyMayu expressly disclaims any and all other representations, warranties and conditions, including but not limited to the warranty of merchantability or fitness for a particular use. MyMayu does not represent or warrant that the Sites are free of viruses or other malware and does not represent or warrant that the Sites' content is free of error or reliable at any time. MyMayu further disclaims any liability for any and all damages arising from or related to the use of its products and services where said use is Some jurisdictions do not allow for the disclaimer of implied terms in consumer contracts and thus some of these disclaimers may not apply to you.

 

Safety Concerns

If you believe that any MyMayu product is unsafe or defective in any way, please report your safety concerns to us immediately by email to service@mymayu.com.

 

Complaints and Legal Notices

All complaints and legal notices should be mailed to MyMayu at:

 

Attn: Legal Department,
MyMayu
2580 Lloyd Ave
North Vancouver, BC V7R 3X1
Canada

+1 (778) 683-7906
service@mymayu.com