What Type of Information We Collect
We may collect two types of data and information from our Users. The first type of information is un-identified and non-identifiable information pertaining to you, which may be made available or gathered via your use of the Services (“Non-personal Information“). We are not aware of the identity from which the Non-personal Information is collected. Non-personal Information which is collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information about your device (e.g., the device you use, the type of browser and operating system your device uses, language preference, access time and the website’s domain name from which you linked to the Services, etc.), in order to enhance the functionality of the Services. We may also collect information about your activity on the Services (e.g., pages viewed, online browsing, clicks, actions, timestamps, etc.).
The second type of information is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual (“Personal Information“). Such information may include:
When you interact with the Website:
- Name, email address, phone number, location info and other information you choose to share with us: We ask for and—at your option—collect your contact data (such as name, email address, phone number) and your location information from you when you submit web forms on our Website, including when you fill in a customer care form. If you report a problem via a form on our Website, you may be asked to provide us with some additional Personal Information, as may be required for us to solve the problem.
- Device Information: We may collect Personal Information from your device. Such information may include geolocation data, IP address, unique identifiers (e.g., MAC address and UUID) as well as other information which relates to your activity through the Services.
When you interact with the Application
- When you register to the Application:
- Registering through the Application: When you register to the Services through the Application, we may collect from you the following information: full name, email address, phone number, home address, profile image, as well as other relevant details that you agreed to share with us.
- Registering through third party services: When you register or sign-in to the Services via third party services (such as Google or Facebook), we may have access to basic information from your account, such as your full name, home address, email address, birthdate, profile picture, personal description, as well as any other information you made publicly available on such account or agreed to share with us. At all times, we will abide by the terms, conditions and restrictions of the third party platform.
In addition, in order to provide you with our Services, you may be required (subject to your prior permission), to allow our Application with access to your camera, to photos that are saved on your mobile device, and to your geolocation.
- Technical information: We may collect specific types of connection details and information with regard to your device, software or hardware that may identify you. Such information may include: geolocation data and IP address.
- Information regarding your preferences: you can choose to build your custom profile within the Application, with respect to your massage preferences (such as the massage style or intensity).
- Transaction information: your transaction information, which includes the location, date and time, and information regarding your Rewards Points, will be saved within the Application.
- Payment information: When you sign up for our Services, you need to provide billing information, including your credit card number. Please note that your billing information, to the extent provided by you, is forwarded directly to a third party billing or clearing company engaged by us and is not kept by us.
- Voluntary information: You may choose to provide us Personal Information voluntarily, such as when you contact us (via a contact form on our Services, e-mail or any other channel, including any support services), or when you provide us with your e-mail address when you sign-up to receive our newsletter or other communications.
For the avoidance of doubt, if we combine Personal Information with Non-personal Information, the combined information will be treated as Personal Information as long as it remains combined.
Lawful Grounds for Processing
Please note that our legal basis for collecting and using your Personal Information will depend on the Personal Information collected and the specific context in which we collect it. We normally collect Personal Information from you only where: (a) we have your consent to do so, (b) where we need your Personal Information to perform a contract with you (e.g. to deliver the service you have requested), (c) where the processing is in our legitimate interests; or (d) where we are required to collect, retain or share such Personal Information under applicable laws.
In some cases, we may need the Personal Information to protect your vital interests or those of another person.
Where we rely on your consent to process your Personal Information, you have the right to withdraw or decline consent at any time. Where we rely on our legitimate interests to process your Personal Information, you have the right to object.
If you have any questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us through the contact details available below.
How We Use The Information
- To set up your account and to provide the Services.
- To identify and authenticate your access to the Services.
- To communicate with you and to keep you informed of our latest updates and newsletters.
- To market our website, products, and the Services.
- To serve you personalized advertisements when you use the Services.
- To perform a research or to conduct analytics in order to improve and customize the Services to your needs and interests.
- Facilitate promotions and loyalty programs and process and deliver rewards;
- To support and troubleshoot the Services and to respond to your queries.
- To investigate and resolve disputes in connection with your use of the Services.
- To detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of the Services; and
- To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.
- As you may otherwise consent from time to time.
With Whom We Share the Information and For What Purpose
We may share Personal Information with the following recipients: (i) our subsidiaries; (ii) affiliated companies; (iii) subcontractors and third-party service providers; (iv) our business partners (including clinics and health practitioners, with which we share your information per your request); (v) auditors or advisers of our business processes; and (vi) any potential purchasers or investors in the Company.
We may also disclose Personal Information or any information you submitted via the Services if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies, including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our affiliates, our Users, yourself or any third-party; (vi) for the purpose of collaborating with law enforcement agencies; and (vii) in case we find it necessary in order to enforce intellectual property or other legal rights.
We may use a third-party advertising technology to serve advertisements when you access the Website. This technology uses your information with regards to your use of the Website and Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser).
You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: http://optout.networkadvertising.org/#!/ and http://optout.aboutads.info/#!/.
We may use your Personal Information, such as your full name, email address, etc., ourselves or by using our third-party partners for the purpose of providing you with promotional materials, concerning our Website and Services.
At any time, you may request to unsubscribe and discontinue receiving marketing offers by sending us a blank message with the word “remove” to the contact details available below.
Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you Services-related updates and notifications.
Third-Party Collection of Information
For How Long We Retain the Information
Please note that unless you instruct us otherwise we retain the information we collect for as long as needed to provide the Services and to comply with our legal obligations, resolve disputes and enforce our policies and agreements. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations.
Certain jurisdictions provide Users with certain statutory rights to their Personal Information. You may have the right to certain actions to your Personal Information such as:
- To receive confirmation as to whether or not Personal Information concerning you is being processed, and access your stored Personal Information, together with certain supplementary information.
- To receive Personal Information you directly volunteer to us in a structured, commonly used and machine-readable format.
- To request rectification of your Personal Information that is in our control.
- To request erasure of your Personal Information.
- To object to the processing of Personal Information by us.
- To request to restrict processing of your Personal Information by us.
However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements.
If you wish to raise a complaint on how we have handled your Personal Information, you can contact us at the contact details available below.
If you are not satisfied with our response or believe we are collecting or processing your Personal Information not in accordance with the laws, you can file a complaint to the applicable data protection authority.
International Transfer (for EEA residents)
Since we operate globally, it may be necessary to transfer data, including Personal Information, to countries outside the EEA. In these instances, we will transfer your Personal Information only to such countries as approved by the European Commission as providing adequate level of data protection or enter into legal agreements ensuring an adequate level of data protection.
What Information we Process?
In the 12 preceding months, we have collected, and/or disclosed the following categories of Personal Information:
|Category of Personal Information Collected||Personal Information Collected||Categories of recipients to whom Personal Information was disclosed|
|Identifiers||Full name, email, address, phone number, postal address, IP address, MAC, UDID||Affiliated companies
|Personal Information Categories listed in California Customer Records Statute (Cal. Civ. Code § 1798.80(e))||Name, telephone number, address, credit card number/debit card number.||Affiliated Companies
|Commercial information||Services purchased||Affiliated Companies
|Geolocation Data||Geolocation||Affiliated Companies
Sources of Personal Information
In the 12 preceding months, we have collected the above-mentioned categories of Personal Information from the following categories of sources: consumer directly.
Sale of Personal Information
In the preceding twelve (12) months, we have not sold your personal information.
We may share or transfer personal information to third parties as assets that are part of a merger, acquisition, bankruptcy or other transaction in which the third party assumes control of all or part of our company. Such transfer will be handled according to the requirements of the CCPA and shall not be regarded as a sale of personal information under the CCPA.
User Rights under the CCPA
The CCPA provides consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
- Access to Personal Information
- You may request, up to two times each year, that we disclose to you the categories and specific pieces of Personal Information that we have collected about you, the categories of sources from which your Personal Information is collected, the business or commercial purpose for collecting your Personal Information, the categories of Personal Information that we disclosed for a business purpose, any categories of Personal Information about you that we sold, the categories of third-parties with whom we have shared your Personal Information, and the business or commercial purpose for selling your Personal Information, if applicable.
- Deletion Requests
- You have the right to request that we delete any Personal Information collected from you and retained, unless an exception applies.
Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, subcontractors, and consultants to delete) your Personal Information, unless an exception applies.
- You have the right to request that we delete any Personal Information collected from you and retained, unless an exception applies.
- Right to Opt-Out of the Sale of Personal Information
- We do not sell personal information. In the event that we do sell your Personal Information, you have the right to submit a request to opt-out of the sale of your Personal Information. You may change your decision at any time and permit us to sell your Personal Information.
Exercising Your Rights
You can exercise your rights by submitting a verifiable consumer request to our physical address (as written below in the “How to contact us” section) or through www.ivsvend.com/contactus
Only you or a person authorized to act on your behalf may make a consumer request related to your Personal Information.
The request must:
- Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.
- We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
You may only request a copy of your data twice within a 12-month period.
If you have any general questions about the Personal Information that we collect about you how we use it, please contact us at our physical address (as written below in the “How to contact us” section) or through www.ivsvend.com/contact
You can designate an authorized agent to make a request under the CCPA on your behalf if:
- The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
- You sign a written declaration that you authorize the authorized agent to act on your behalf.
If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf using the contact information below.
If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.
Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
How We Protect Your Information
We take great care in implementing and maintaining the security of the Services and your information. We employ industry standard procedures and policies to ensure the safety of your information and prevent unauthorized use of any such information. Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse the Services, and we make no warranty, express, implied or otherwise, that we will prevent such access.
If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse the Services or acted in an inappropriate manner, please contact us directly at our physical address (as written below in the “How to contact us” section) or through www.ivsvend.com/contact
We do not knowingly collect or solicit personal information from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Websites or Services, you certify to us that you are not under the Age of Consent. In the event that we learn that we have collected personal information from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, then please contact us through the contact details available below.
How To Contact Us
If you have any general questions regarding the Services or the information that we collect about you and how we use it, please contact us at:
Innovative Vending Solutions, LLC
1360 North Delsea Drive
Clayton, NJ 08312
Terms & Conditions
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of these Terms and Conditions:
- “Account” means an online account registered by you for the purpose of using the Services.
- Application means the software program provided by the Company downloaded by You on any electronic device, named Innovative Rewards
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other
securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: New Jersey, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms) refers to Innovative Vending Solutions, LLC, 1360 N. Delsea Drive Clayton, NJ 08312 and its Affiliates.
- Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance, or features of our Service.
- Goods refer to the items offered for sale on the Service.
- In-app Purchase refers to the purchase of a product, item, service, or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s
own terms and conditions.
- Intellectual Property Rights mean all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade
secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof,
under the laws of any state, country, territory or other jurisdiction.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Application or the Website or both, and to the Relax & Recharge Massage chairs and the ZOOMAROO rentals.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made
available by the Service.
- Website refers to Innovative, accessible from www.ivsvend.com, as well as any other websites that the Company owns and that link to these Terms.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to register and establish an Account with the Company. In order to open an Account and to place an Order, we will ask you to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
You may register an Account by logging into your Account with certain Third-party Social Media Account. By registering an Account through a Third-party Social Media Account, You represent that you are entitled to disclose your Third-party Social Media Account login information to the Company and/or grant to Company access to your Third-party Social Media Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-party Social Media Account.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You may delete your Account at any time, provided that we may retain certain information as required to comply with our legal obligations, resolve disputes and enforce our agreements.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to Goods availability, Errors in the description or prices for Goods, Errors in Your Order. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy located at www.ivsvend.com/Returns. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Availability, Errors, and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. The price you will be charged is the price that was published by the Company when you made your Order, and You will not be entitled to any refund in cases where the price was changed after You completed the purchase.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. You confirm that you are permitted to use the payment method you chose and you authorize us and our designated payment processor to charge the full amount due for the applicable Services to the payment method you designate for the purchase. You will pay any applicable taxes relating to any such purchases, transactions or other monetary transaction interactions. Subject to the Section “Order Cancellation”, all purchases are final and no refunds or credits will be provided.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions.
Changes to the Subscription Fees
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.
Relax & Recharge Massage
Using the Relax & Recharge Massage chair is at your sole responsibility. You agree to consult your doctor before using our massage chairs if you have any condition that could cause you harm. Including but not limited to: Pregnancy, Menstruating, High Fever, Acute Disease, Osteoporosis, Hypertension, using a respirator, Heart Disease, Spinal issues, Not feeling well, Circulation issues in legs, using a pacemaker or any other internal medical apparatuses.
You agree to handle the Relax and Recharge massage chair responsibly and accept full responsibility for care of the equipment while under your possession. In the event that the Relax and Recharge massage chair is damaged, or causes injury or damage to the property during the time you are using it, you are responsible for the costs for repair or replacement of the Relax and Recharge massage chair, property and for any injury or damage caused.
You release and forever discharge Innovative Vending Solutions, LLC and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property incurred by persons while using this Relax and Recharge massage chair. You will indemnify each of them for all costs, demands, claims, and expenses, including reasonable attorney’s fees, relating to any such injury, theft or damage.
You acknowledge and agree to the following terms and conditions:
- ZOOMAROO are rented out in proper working condition and must be returned to the ZOOMAROO parking area in the same manner
- You agree to use, maintain and take care of the ZOOMAROO in a careful and responsible manner
- You are responsible for checking the ZOOMAROO before using it
- The ZOOMAROO must remain on the premises at all times
- All items must be removed from the ZOOMAROO upon return
- The ZOOMAROO cannot be left unattended
- Seatbelts are to be fastened at all times while riding the ZOOMAROO
- Children must be accompanied by an adult at all times
- Children under 18 months and younger are not permitted to ride in a ZOOMAROO
- Adults are not permitted to ride in a ZOOMAROO
You are solely responsible for your use of the ZOOMAROO, and You agree to handle the ZOOMAROO responsibly and accept full responsibility for care of the equipment while under your possession. In the event that the ZOOMAROO is damaged or lost, or causes injury or damage to the property or to any person during the time you are renting it, you are responsible for the costs for repair or replacement of the ZOOMAROO, property and for any injury or damage caused. You release and forever discharge the facilities in which ZOOMAROO operates (such as shopping malls), ZOOMAROO and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property incurred by persons while renting this ZOOMAROO. You will indemnify each of them for all costs, demands, claims, and expenses, including reasonable attorney’s fees, relating to any such injury, theft, or damage.
Your use of the Website and the Application
You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data protection and privacy, intellectual property rights and export control; and (ii) pay the fees for the Services, if applicable, when due.
You shall not (and shall not permit or encourage any third party to) do any of the following: (a) reproduce, mirror, or frame the Service; (b) sell, assign, lease, lend, rent, distribute, or make available the Service to any third party, or otherwise offer or use the Service in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Service; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Service; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Service; (f) make a derivative work of the Service, or use the Service to develop any service or product that is the same as (or substantially similar to or competitive with) the Service; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Service; (i) take any action that imposes or may impose (at the Company’s sole discretion) an unreasonable or disproportionately large load on the Service infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Service; (j) use the Service to infringe, misappropriate or violate any third party’s Intellectual Property Rights, or any Law; (k) use the Service or any part thereof, in any fraudulent or unlawful manner, or in breach of these Terms.
When using the Services, you must act responsibly and exercise good judgment. This means, among other things, that any content uploaded/written/submitted by you may not: (i) violate these Terms, or any applicable law or regulation; (ii) infringe the rights of any third party, including but not limited to, intellectual property, privacy, publicity or contractual rights; (iii) except as expressly permitted herein, use the Service for any commercial purpose whatsoever; (iv) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your association with any person or entity, whether by providing or omitting to provide information; (v) interfere or damage the Service by, inter alia, the use of viruses, cancel bots, Trojan horses, harmful codes, flood pings, denial-of-service attacks or similar methods or technologies; or (vi) contain Abusive Content (as defined below). You understand and agree that the Company may (but is not obligated to) review and remove or block any Abusive Content of any kind.
“Abusive Content”, for the purpose of these Terms, refers to any content, which: (i) is defamatory; (ii) contains nudity or sexually explicit content; (iii) disparages any ethnic, racial, sexual or religious group by stereotypical portrayal or otherwise; (iv) makes use of offensive language or images or which violates the rights of, harms, or threatens the safety of third parties or other users of the Service.
The Application may include In-app Purchases that allow you to buy products, services, or Subscriptions. More information about how you may be able to manage In-app Purchases using your Device may be set out in your Device’s Help settings. In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions. If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
Rewards or Promotional Programs
From time to time, we may offer reward programs or other promotional programs. Such programs will be subject to the program rules.
Users may be rewarded with points, as bonus or reward tokens, for performing certain activities on the Company’s Services, including but not limited to providing certain information upon registration or purchasing our Services, as determined by the Company, in its sole discretion (“Reward Points“). Reward Points may be credited to User’s balance and can be used for the Company’s Relax & Recharge Massage chairs, ZOOMAROO Rentals, and for purchases. Reward Points have no cash or monetary value except for using them for the Company’s Relax & Recharge Massage chairs and the ZOOMAROO Rentals.
The Reward Points are for personal use only. Users are not allowed to sell the Reward Points or use them for any other kind of commercial purposes. We reserve the right to exclude Users who may be deemed to be abusing the rules of this paragraph.
We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.
The Service and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
All rights not expressly granted to you under these Terms are reserved by the Company. We reserve all rights, title and interest to the Services. Nothing in the Terms constitutes a waiver of the Company’s intellectual property rights under any law.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
This Section only applies to the extent You are using our Application on an iOS Device. You acknowledge that these Terms are between you and the Company, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance this Agreement, 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 of this Agreement. You hereby 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.
Certain enhanced features of the Services are available for your purchase through Apple App Store. The purchase(s) is/are referred to collectively as the “In-App Purchase(s)” and subject to the following terms:
- When you make an In-App Purchase, payment will be charged to your iTunes account at confirmation of the purchase.
- In-App Purchase may take the form of a subscription. Any unused portion of a free trial period (if offered) will be forfeited when you purchase a subscription (where applicable).
- In-App Purchase may take the form of an auto-renewable subscription. These subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your iTunes account will be charged for renewal within 24-hours prior to the end of the current subscription period. You may manage the subscriptions and turn off auto-renewal by going to your iTunes account settings after purchase.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service and delete your Account.
Limitation of Liability
THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS AFFILIATES OR SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GRATER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY OR (II) 100 USD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If any third party (including, but not limited to, a regulatory or governmental authority) brings any kind of demand, claim, suit, action or proceeding against the Company, the Company’s Affiliate, and/or any of our respective directors, officers, employees, or representatives (each, an “Indemnitee”), and it is based upon or arises from:
- Your use of the Service; and/or
- Your breach of any provision of these Terms
(each of the foregoing, an “Indemnity Claim”) then, upon written request by the Company (to be decided in our sole discretion), You agree to assume full control of the defense and settlement of the Indemnity Claim; provided, however, that (i) the Company reserves the right, at any time thereafter, to take over full or partial control of the defense and/or settlement of the Indemnity Claim, and in such cases you agree to reasonably cooperate with the Company’s defense activities at your own cost and expense; and (ii) You shall not settle any Indemnity Claim, or admit to any liability thereunder, without the express prior written consent of the Indemnitee(s).
Disclaimers of warranties
THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY’S PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED:
- AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON;
- REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SERVICE;
- THAT YOUR USE OF, OR RELIANCE UPON, THE SERVICE, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN
HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law, will survive the termination or expiration of the Terms.
Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and the Company.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and such change will become effective upon the date on which it is posted on the Services. You are responsible for checking the Services regularly for such changes. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
You may not assign your rights or delegate your obligations under these Terms without Our prior written consent. Any purported assignment contrary to this section will be null and void and without effect. The Company may assign its obligations under these Terms without your consent and without notice or obligation to You.
No Third-Party Rights
There are no third-party beneficiaries to these Terms.
The Company shall not be responsible for any failure to perform any obligation or provide any service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, and/or (d) other similar cause beyond the Company’s reasonable control. For the avoidance of doubt, any problems relating to the hosting of the Service shall not be deemed within Company’s reasonable control.
If you have any questions about these Terms and Conditions, You can contact us By visiting this page on our website: https://www.ivsvend.com