TERMS OF SERVICE
www.vr-evolution.ca

Last updated: May 3, 2019

PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use or use of the site maintained by VR Évolution inc. (the “site”).

By accessing or browsing the site, you declare to have read and understood the general conditions of use and to declare to be bound by these conditions. Please note that we may change the terms of use at any time without notice. Your continued use of the site will be deemed your acceptance of the revised terms and conditions.

1. INTELLECTUAL PROPERTY

All intellectual property on the Site is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and / or licensed by us. All content on the site, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, apps, interactive features as well as any other content, is a collective work under Canadian law or under any other copyright law and is the property of VR Évolution inc.

All rights reserved.

2. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the Site, including, without limitation, any documents, data or information developed by us, or any other material that may assist you in the use of the Site or services (the “Company Content”). The Content of the Company may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein can be construed as granting you a license or intellectual property rights.

3. CONTENT GENERATED BY USERS

“User Generated Content” includes communications, elements, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or any other content that you and / or others Site users post or make available on or through the site, except for the content that is our property.

4. SALE OF PRODUCTS AND / OR SERVICES

We may sell goods or services or allow third parties to sell goods or services on our site. We are committed to being as accurate as possible with any information about goods and services, including product descriptions and product images. However, we do not warrant the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.

For goods or services sold by third parties, we are not responsible for any product and can not guarantee the merchantability, compliance, quality, safety or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that cause of action against the manufacturer and / or seller and not against us. You agree to release us from any claim relating to goods or services manufactured or sold by third parties, including any claim relating to the warranty or liability of the manufacturer.

5. AFFILIATED MARKETING AND ADVERTISING

Through the site and its services, we may engage in affiliate marketing activities for which we receive a commission or percentage of sales. We may also accept advertising or sponsorship of commercial companies or receive other forms of advertising compensation.

6. ACCEPTABLE USE OF THE SITE

You agree not to use the Site for any unlawful purpose or for any other purpose prohibited by this clause. You agree not to use the site in any way that could adversely affect VR Evolution Inc.’s site, services or business activity.

You also agree not to use the site for the following purposes:

a) harass, abuse or threaten others or otherwise violate the rights of any person;

b) to violate the intellectual property of VR Evolution inc. or any other third party;

c) download or transmit computer viruses or any other software that could damage the property of VR Evolution inc. or others;

d) commit fraud;

e) create or participate in gambling activities, lotteries or unlawful pyramid schemes;

f) publish or distribute obscene or defamatory material;

g) publish or distribute any material that incites violence, hatred, or discrimination of any group; and or

h) illegally collect information about others.

7. PROTECTION OF PRIVACY

By using our site, you may need to provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.

We may receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies, histories, web beacons (also known as “clear GIF”), tags and others.

We use the information collected from you to ensure a good experience on the site. We can also trace some of the passive information received to improve our marketing and analytics, and to do so, we may be working with third-party vendors, including other marketers.

If you wish to block our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser.

8. DISCLAIMER OF LIABILITY

Our site exists for communications purposes only. You acknowledge and agree that any information published on our site is not intended to be legal, medical or financial advice and no fiduciary relationship has been created between you and VR Evolution inc. You also agree that your purchase services on the site is at your own risk. We are not responsible for any advice or any other information conveyed on the site.

9. REVERSE ENGINEERING AND SECURITY

You can not take any of the following actions:

a) use reverse engineering or disassemble any code or software on or from this site;

b) violate or attempt to violate the security of the Site by any unauthorized access, bypassing encryption or any other security tool, the exploitation of data or interference with any host, user or network.

10. INDEMNITY

You agree to defend, indemnify and hold VR Evolution inc. and its affiliated companies against any claim or suit, including attorneys’ fees, that may arise out of or relating to your use or abuse of the Site, your breach of this Agreement or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.

11. SPAM POLICY

You are strictly prohibited from using the site or any services offered on the site for the purpose of illegal activities related to spam, including the collection of addresses and personal information of others or the sending of mass commercial e-mails.

12. LINKS AND CONTENT OF THIRD PARTIES

We may post links to third party sites or services. We are not responsible for damages or loss related to the use of the services of third parties whose link is on our site.

13. INDEPENDENCE OF CLAUSES

If any of these clauses is found to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion will not affect the validity and enforceability of the remaining clauses of these terms of use.

14. SERVICE INTERRUPTIONS

We may have to interrupt your access to the site in order to perform work now or unplanned emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated downtime for any reason and that we will not be liable for any damages or losses arising from such unavailability.

15. NO WARRANTY

Although we have made reasonable efforts to ensure that the content on this site is accurate, we can not guarantee that such content is free of errors, current or complete. In any case, we can not be held responsible for any damage that may arise from an error on the site.

We assume no responsibility for any damage resulting from the misuse of the content of the site. We also can not guarantee that the site is available without interruption, without error or omission, or that defects will be corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided “as is” and “as available” without any representations, warranties or conditions of any kind, express or implied.

If you decide to subscribe to services or features of the site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and ensure their accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or will be assigned to you at the time of registration or a subscription on VR Evolution inc. or its partners and assume responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or membership account. We can not be held liable, directly or indirectly, for any loss or damage of any nature whatsoever resulting from the failure to comply with this provision or related to such default.

You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your account, use or access to the Site or any of its services, and remove and delete any information or content relating to the Site or any of the Services offered (and terminate your use thereof), for any reason whatsoever, including if we believe that you have violated these Terms. In addition, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation or termination. If you are dissatisfied with VR Evolution Inc. or any of its services, or any of these conditions, rules, policies, guidelines or practices relating to the operation of VR Evolution inc. or one of its services, your only recourse is to stop using the site or service in question.

16. CONFIDENTIALITY

Communication via the Internet is subject to interception, loss or alteration, therefore you acknowledge that any information or material that you provide electronically as a result of accessing or using this site is not confidential norexclusive, except the extent required by applicable law and that unprotected e-mail communications over the Internet may be intercepted, altered or lost.

For more information, please see our Privacy Policy, available on our site.

a) Personal information collected, personal information processed and how personal information is collected

In accordance with the provisions of Article 5 of European Regulation 2016/679, the collection and processing of your personal information complies with the following principles:

  • Lawfulness, loyalty and transparency: personal information can only be collected and processed with your consent. Whenever personal information is collected, you will be advised that your personal information is being collected, and why your personal information is being collected;
  • Limited Purposes: the collection and processing of personal information is performed to fulfill one or more of the purposes set out in these Terms of Use;
  • Minimizing the collection and processing of personal information: only personal information necessary for the proper fulfillment of the objectives pursued by the site is collected;
  • Retention of personal information reduced in time: the personal information is kept for a limited time, of which you are informed;
  • Integrity and confidentiality of personal information collected and processed: The Privacy Officer is committed to ensuring the integrity and confidentiality of the personal information collected.

In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal information will only be possible if they comply with at least one of the following conditions listed:

  • You have expressly consented to the treatment;
  • Processing is necessary for the proper performance of a contract;
  • Treatment meets a legal obligation;
  • The treatment is due to a need to safeguard the vital interests of the data subject or of another physical person;
  • The treatment can be explained by a necessity related to the performance of a mission of public interest or that comes under the exercise of the public authority;
  • The processing and collection of personal data is necessary for the legitimate and private interests pursued by the controller or by a third party.

The personal information collected on the site is as follows:

Name, phone and email.

This personal information is collected when you do any of the following on the site:

Fill out one of the forms.

In addition, when buying a product on the site, it is brought to your attention that the seller will keep in his computer systems a proof of the transaction including the purchase order and the invoice.

The controller will keep all personal information collected for a period of one year in its computer systems and under reasonable security conditions, unless you ask for its removal before the expiry of this period.

 

When personal information is recorded, you are informed of the length of time for which your personal information will be retained, and when this duration can not be specified, the entity owning the site will inform you of the criteria used to determine it.

The collection and processing of personal information serves the following purposes:

Personal information may be provided to the third party (ies) listed below:

b) Data Hosting

The site is hosted by Rapidenet, whose headquarters are located at the following address: 4422 Route 132, # 405,

Sainte-Catherine, Quebec J5C 1V9

The host may be contacted at the following number: 1-866-570-2203

 

The personal information collected and processed by the site is exclusively hosted and processed in Canada. This transfer of personal information outside the European Union is justified because the head office or main address of the entity owning the site is located there.

c) Person in charge of processing personal information

 

The person responsible for the processing of personal information is Alexandre Swett. He can be contacted as follows: info@vr-evolution.ca.

d) Data Protection Officer

The following person has been appointed Data Protection Officer: Samuel Lavallée

The Data Protection Officer can be reached as follows: info@vr-evolution.ca.

 

e) Personal information of minors

In accordance with the provisions of Article 8 of European Regulation 2016/679, only minors aged 15 or over can consent to the processing of their personal information.

 

If you are a minor under the age of 15, the consent of a legal representative is required so that your personal information can be collected and processed.

  1. f) Rights and procedures for the implementation of your rights

 

In accordance with the regulations concerning the treatment of personal information, you have the rights listed below.

 

In order for the person responsible for the processing of personal information to comply with your request, you must provide him with your first name, last name and e-mail address.

 

The person responsible for the processing of personal information is required to respond to you within a maximum of 30 (thirty) days.

i. Right of access, rectification and right to be forgotten

 

You may review, update, modify or request the deletion of your personal information by following the procedure below:

ii. Right to portability of personal information

You have the right to request the portability of your personal information, held by the site, to another site, by following the procedure below:

iii. Right to Limit and Oppose the Processing of Personal Information

You have the right to request limitation or to oppose the treatment of your personal information by the site, without the site being able to refuse, except to demonstrate the existence of legitimate and compelling reasons that may prevail over your interests, your rights and your freedoms.

g) Obligations of the person responsible for the processing of personal information

The controller is committed to protecting the personal information collected, not to pass it on to third parties without your knowledge and to respect the purposes for which personal information was collected.

In addition, the Privacy Officer agrees to notify you of any rectification or deletion of personal information, unless this results in disproportionate formalities, costs and procedures.

In the case where the integrity, confidentiality or security of your personal information is compromised, the controller commits to inform you by any means.

17. ADDITIONAL QUESTIONS AND INFORMATION

For any questions or for more information, please contact us at info@vr-evolution.ca.