M2F INC TERMS AND CONDITIONS

M2F Inc welcomes you to our website (www.idyvo.ca). The terms “us”, “we”, and “our” refers to IDYVO.CA or “M2F Inc”, a legal entity duly registered and existing under the laws of the province of Ontario, Canada with its principal address located at: Office Unit 10, 100 Bronte Road, Oakville, L6L 3B7, Ontario, Canada

IDYVO.CA is a project created, operated and supported by M2F Inc to increase awareness of autism and help generate donations to one or several projects that support not-for-profits and charities. M2F Inc has created a special collection of Art enhanced by Augmented Reality technology to be sold to Customers on the condition of 15% of the sale price to be forwarded to the project of our choice.The rest of the sale price plus taxes covers the costs of production, support, technology, software programming and/or other costs and taxes paid accordingly to and by M2F Inc.. M2F Inc involve third party (parties) as subcontractors to the IDYVO.CA project that help support and run the technology behind the project and/or are involved into the product production.

The Art collection comprises printed pieces that are represented at IDYVO.CA. All the art pieces are augmented and can be viewed via a free downloadable App – IDYVO with no in-purchase offers. The IDYVO App does not collect, store or save any information about the device it is installed into, does not require any authorization via email, telephone, etc.

All rights for IDYVO.CA belong to M2F Inc.

By accessing our website or purchasing our products or using our services, you consent to be bound by these Terms and Conditions. If you do not wish to be bound by our Terms and Conditions and our Privacy Policy kindly log out and prohibit any further us of our website.

These Terms and Conditions and our Privacy Policy constitute the legal agreement we have with you and apply to your use of our website, products or services.

1. AMENDMENT OF TERMS AND OUR CONTENT

We reserve the right to modify, change, add or remove portions of these terms and any content on our website we deem inappropriate at any time without prior notice or your consent. You are required to check these terms regularly prior to using our website to ensure you are aware of any modifications or updates. It remains your responsibility to access and check these terms and conditions when you use IDYVO.CA. The latest version of these terms and conditions will govern any future usage by you of IDYVO.CA. We will endeavor to highlight any significant or substantive changes where possible. If you choose to use IDYVO.CA then we will regard such use as conclusive evidence of your agreement and acceptance that these terms govern you and M2F Inc.

2. SERVICE TERMS

PRICE AND PAYMENT

i. Prices and Currency

a. The Customer acknowledges that the final sale price consists of two separate parts – 15%, being the charity amount, and the rest – being the cost of the product. The amount that represents the cost of the product is the subject to HST. M2F Inc., a company that operates IDYVO.CA website will be charging HST to all its sales within Canada. Therefore, the pricing is formed in the following way: 15%+(the rest amount (+13%)).

b. M2F Inc is a representative agent of the not-for-profit or charity (or charities) specified on IDYVO.CA site and is responsible only for transferring the amount equal to 15% of the sale price to the charity. The transfer is performed via transferring the amount equal to 15% of the sale price from M2F Inc PayPal account to the charity’s (charities’) PayPal account (s).

c. By purchasing a piece of Art at IDYVO.CA the Customer agrees to donate 15% of the sale price to a specified charity and entrusts M2F Inc. to transfer the amount,  equal to 15% of the sale price on behalf of the Customer to the charity.

ii. Changes in Price

The prices shown on the Website are subject to change. IDYVO.CA reserves the right to change prices without prior notice. However, once the confirmation of receipt of an order is received from PayPal, the price payable in respect of that order will not be changed.

IDYVO.CA informs that despite careful updates of the Website the prices shown may be erroneous. Any prices shown in error will be amended as soon as possible and shall not be binding on IDYVO.CA.

DELIVERY

i. Delivery: Where and When
The deliveries are made from Monday through Friday to over 100 countries worldwide. No deliveries are made on weekends or local holidays.

ii. Lead Time
Orders of printed paintings are usually delivered within 7 to 10 business days within Canada and 12 to 18 days worldwide. The delivery schedule is usually met, and although IDYVO.CA cannot guarantee punctuality, all orders will be delivered within 30 days from the date of confirmation of receipt of the order, at the latest. Once an order is shipped, the Customer will receive an e-mail notification about the expected delivery date.

DELIVERY EXPENSES
Free delivery is offered within GTA and worldwide delivery will cost CAD34.

IDYVO.CA RIGHT TO CANCEL OR REJECT AN ORDER

IDYVO.CA reserves the right to reject any order as well as cancel or not accept a confirmed order for, amongst others, the following reasons:

• There was a technical or pricing error on the Website at the time the order was placed.
• The ordered piece of art is no longer available.
• The billing information given was incorrect or unverifiable.
• Security systems indicate that the order is abnormal or may be fraudulent.
• IDYVO.CA has been unable, after 3 attempts, to deliver the order at the address provided. In this case the delivery charge applies and 15% of the sales price will not be refunded since it is sent directly to the charity.

If an order is cancelled for any of the above reasons, IDYVO.CA will refund (if applicable) the value of the order.

RETURNS AND EXCHANGES

Return of Non-conforming Paintings
The Customer agrees that in case of a chargeback or refund that is requested by the Customer, the Customer will initiate two separate procedures of a chargeback or refund: one with the charity for the donated amount and the other one with IDYVO.CA for the amount representing the cost of the product and HST. All the chargeback and refunds are available to the Customer within 14 days after the delivery of the product in its original condition, with the original packaging and labeling. The Customer must state on the returns slip printed on the reverse of the dispatch note whether the request is for  an exchange or a refund.
Please allow three working days from our receipt of the request for a refund to be processed. A confirmation email will be sent once the refund is processed. Upon receiving this email, please allow up to 10 working days for it to reflect in your account.

Please return in the original packaging and complete the returns slip with your dispatch note and post to:

IDYVO

100 Bronte Road, Unit 10, Oakville
L6L 3B7 Ontario, Canada
Email: sales@idyvo.ca

Please note that 15% of the sales price constitutes a charitable donation from the Customer which is sent directly to Autistic Charity Foundation. This donation is not paid to IDYVO.CA and will not be refunded if the Customer returns the purchase. Moreover, in this case the Customer incurs the cost of return.

3. ERRORS, CORRECTIONS, AND CHANGES

We do not represent or warrant that our website will be free from errors, virus-free or other harmful elements, or that we will correct such errors. We do not represent or warrant that the information available on our website will be correct, timely, reliable, or otherwise accurate at all times. We reserve the right at our sole discretion to modify any Content, and other components used or contained in our website at any time without your prior notice. Reference to any processes, services or other information by trademark, trade name or otherwise does not constitute or imply our recommendation, endorsement, or any affiliation therewith by our website, by third parties, or by any of the software, equipment or programming associated with or utilized by us.

Important Notice:

We highly recommend for Android users to test the application before purchasing any of the art pieces on idyvo.ca. Please, be aware that the application may not run correctly on some of the Android devices with an outdated operating system or with specific device configurations.
Most of the modern devices with updated operating system will have no difficulty scanning and playing the art pieces, but if you experience a problem with your device, please let us know via this email: sales@idyvo.ca (please, state your mobile phone model and android OS version).

How to test the app before you buy:
1. Download IDYVO app from Google Play
2. Start the App, Hit VIEW ME button and point your camera at any of the art pieces on your desktop screen.
3. Make sure you have WIFI or 3-4G network enabled and mobile data on as well as sufficient lighting around you.

4. PROHIBITED USE OF WEBSITE

As a user of our website you shall not:

• violate any applicable local or international law or regulation;
• use the website to disseminate any information or content, including by e-mail, that is abusive, defamatory, libelous, harmful, obscene, invasive of third-party privacy, or information or content that could otherwise be considered to be objectionable;
• Post any material that contains viruses, malware or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
• interfere with or otherwise limit the use of the website by other users; or collect, compile, or store personal information about other users of the website;
• disrupt or interfere with the operation of the website by overloading or exceeding the capacity of the website or the systems resources; accounts; login info; servers; or networks connected to or accessible through the website or any affiliated or linked sites;
• disrupt or interfere with the security of, or otherwise cause harm to the website or the systems resources; accounts; login info; servers; or networks connected to or accessible through the website or any affiliated or linked website; or
• use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the website or the content contained therein without M2F Inc written permission.

5. COPYRIGHT

All software, technology, content on our website and content are solely licensed property of M2F Inc and are protected by Canadian and International copyright laws. All technical compilation (meaning the programming, collection, interface, assembly and arrangement) of all content on the website is the exclusive property of M2F Inc and protected by Canadian and International copyright laws. M2F Inc hereby gives you permission to view and use the technology, content, services made available to you on our website for personal non-commercial purposes. You may view Website pages on screen and may print or download extracts of them for your own personal use.

You may supply a copy of any such extract to any third party provided that:

a. the extract is for their own personal use;
b. the extract is not supplied as part of or incorporated in another work, website or publication;
c. the extract is not supplied either directly or indirectly in return for commercial gain; and
d. the third party is made aware that the source of the copy is this Website and that these terms and conditions apply equally to them.

6. OTHER INTELLECTUAL PROPERTY

All other intellectual property rights related to the software, interface, technology, and contents included on our website or used in the operation of the website or for providing you our services including without limitation, titles, trade secrets, technical know-how, moral rights, patents, and publicity rights are owned and licensed property of M2F Inc.

7. CUSTOMER CONTENT

M2F Inc and the charity (charities) are hereby confirm that the personal data received by the Customer – name, surname, email, telephone number, etc. shall not be used in any way except for contacting the Customer about the delivery of the product or acknowledging the donation to the charity. Both, M2F Inc and the charity shall not sell, use, or share in any way this information with any third party. M2F Inc and the charity shall not seek to contact the Customer in any way after the delivery of the product except for cases when such contact has been initiated by the Customer himself, such as – technical support of the product or any other reasons.

8. LINKS TO OTHER WEBSITES

From time to time our website may contain links to third party or vendor websites. Inclusion of links to any third party website does not mean that we warrant, endorse, guarantee, or recommend the services, information, content, and/or data of such third party websites. M2F Inc has no control over the legal documents and privacy practices of such third party websites; your access of any third party websites is at your own risk. We advise that you review the privacy terms and conditions and privacy policy of those websites to fully understand what information is collected and how it is used.

9. DISCLAIMER

THE WEBSITE AND ALL MATERIALS, CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH IDYVO.CA ARE PROVIDED ON AN “AS IS”, BASIS WITH ALL DEFECTS AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. M2F INC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. M2F INC MAKES NO REPRESENTATION THAT IDYVO.CA OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. M2F INC MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON IDYVO.CA IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR LOCATION. NOTHING IN THESE TERMS AND CONDITIONS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE WEBSITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO IDYVO.CA. YOU ACKNOWLEDGE, BY YOUR USE OF IDYVO.CA, THAT SUCH USE IS AT YOUR SOLE RISK.

EVERY ART PIECE (ITEM) PURCHASE WILL HAVE A GUARANTEED SUPPORTED PERIOD OF 24 MONTHS FOR THE AUGMENTED REALITY TO FUNCTION ON A PARTICULAR PIECE VIA IDYVO APP. M2F INC RESERVES THE RIGHT TO STOP THE AUGMENTED REALITY SUPPORT AFTER THE 24 MONTH PERIOD EXPIRES OR CONTINUE SUPPORT FOR ANY OTHER PERIOD OF TIME AT ITS OWN COST. M2F INC RESERVES THE RIGHT TO STOP SALES OF THE COLLECTION OF ART PIECES AT ANY GIVEN MOMENT OF TIME. HOWEVER, WE HEREBY CONFIRM OUR RESPONSIBILITY TO SUPPORT AUGMENTED REALITY FUNCTION FOR 24 MONTHS FROM THE DATE OF THE LAST ART PIECE PURCHASE. THE CUSTOMER UNDERSTANDS AND ACCEPTS THAT THERE MAY BE TECHNICAL DISRUPTIONS OF AUGMENTED REALITY FUNCTIONING DUE TO VARIOUS REASONS TECHNICAL OR LEGAL, AS WELL AS DISRUPTIONS OF IDYVO APP FUNCTIONALITY, INABILITY TO DOWNLOAD THE APP, APP CRASHES, ETC. M2F INC WILL DO EVERYTHING WITHIN ITS POWER TO RESTORE THE FUNCTIONALITY OF AUGMENTED REALITY AND/OR IDYVO APP AS SOON AS POSSIBLE. SHOULD THIS PERIOD OF NON-FUNCTIONALITY BE MORE THAN 30 DAYS, M2F INC WILL NOTIFY THE CUSTOMERS VIA ITS WEBSITE ABOUT TECHNICAL OR LEGAL ISSUE AND THE WAYS, TERMS AND PERIODS OF ITS FIXING. M2F INC SHALL NOT BE LIABLE FOR ANY DISRUPTIONS OF THE ABOVE SAID FUNCTIONALITY, TECHNICAL OR LEGAL DISRUPTIONS THAT MAY OCCUR DUE TO ANY FORCE MAJEURE CIRCUMSTANCES.

10. LIMITED LIABILITY

IN NO EVENT SHALL EITHER M2F INC OR ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF IDYVO.CA, IT’S PRODUCTS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, M2F INC LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF PRODUCT PURCHASED FROM IDYVO.CA.

11. CHOICE OF LAW AND JURISDICTION

This Agreement will be treated as if it were executed and performed in the province of Ontario, Canada, and will be governed by and construed in accordance with the laws of the province of Ontario, Canada without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to IDYVO.CA, it’s products or services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

12. FURTHER INFORMATION

Further information on these Terms and Conditions or any queries on them are available by contacting M2F Inc using the detail below:

Email: sales@idyvo.ca

 

© 2019 Copyright M2F Inc

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