TERMS OF USE

INTRODUCTION

 

Welcome to the Vogue Lounge mobile application (the “App”) operated by Vogue Lounge Inc. (“Vogue”), a company duly incorporated under the laws of British Columbia with a registered and records office located at 230-8411 Bridgeport Road, Richmond, British Columbia, V6X 1R7. You can contact a representative of Vogue by emailing info@voguelounge.ca

 

For the purposes of these Terms of Use, the terms “we”, “us”, “our” and “Vogue” will be used interchangeably to refer to Vogue Lounge Inc. The terms “you”, “your”, “user” and “Member” will be used interchangeably to refer to you as the user of the App. The following terms of use, together with any documents incorporated by reference, including, without limitation, the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of this App.

 

By accessing, browsing, reading, viewing or using the content or resources on the App (the “Services”), you acknowledge that you have read, understood, and agreed to be bound by the Terms of Use and to comply with all applicable laws and regulations. You agree that the Terms of Use, combined with your act of using the Services, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a written signature. You further agree that you will not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. If you do not agree to the Terms of Use, then you shall not access the App or use any of the Services. Please read the Terms of Use carefully before you start using the App. These Terms of Use will apply to all users of the App, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Capitalized terms used but otherwise not defined herein shall have the meanings ascribed thereto in the Membership Agreement between us and you (the “Agreement”). In the event of a conflict between these Terms of Use and the Agreement, Vogue shall determine, in its sole discretion, which document governs.

 

MEMBER ACCOUNTS

 

You must register an account to access and use many features of the App. Registration is only permitted for legal entities, partnerships and natural persons who are 19 years or older and not under guardianship. You represent and warrant that you are not a person or entity barred from using the App under the laws of British Columbia and the laws of Canada applicable therein, your place of residence, or any other applicable jurisdiction.

 

You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Vogue if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

 

BOOKING ON THE APP

 

When you book a Work Station using the App you are agreeing to pay all charges for the Booking including the Booking Fee and other applicable fees, like taxes, and any other items identified during checkout (collectively, the “Total Price”).

 

A Booking is a limited license to enter, occupy, and use the Work Station. Vogue retains the right to reenter the Work Station during your Booking, to the extent: (i) it is reasonably necessary, (ii) permitted by the Agreement, and (iii) consistent with applicable law. If you stay past your Booking, Vogue has the right to make you leave in a manner consistent with the Agreement and applicable law.

 

In general, if you cancel a Booking, the Total Price is non-refundable. We reserve the right to refuse or cancel any Booking you place with us on the App for any reason (including after you have submitted your Booking), regardless of whether the Booking has been confirmed and your payment of the Total Price made. If you have already paid the Total price and Vogue cancels your Booking, we will attempt to, within a reasonable time, issue a credit to your account equal to the amount that was charged. We may, at our sole discretion, limit or cancel Bookings made per person. These restrictions may include Bookings placed by or under the same account and/or the same credit card.

 

By making a Booking on this App, you agree that you will provide current, complete, and accurate purchase and account information for all Bookings made on this App.

 

YOUR RESPONSIBILITIES AND ASSUMPTION OF RISK

 

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Work Station, or other Service. For example, this means: (i) you are responsible for leaving the Work Station in the condition it was in when you arrived, and (ii) you must act with integrity, treat others with respect, and comply with applicable laws at all times.

 

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the App, including your use of any Work Station, use of any other Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Service to determine whether it is suitable for you. For example, Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services.

 

ELECTRONIC COMMUNICATIONS

 

When you visit this App, register with us, subscribe to our newsletter, or send comments/messages/emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We shall communicate with you using the e-mail address or other contact information you provide for your account or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send e-mails to you for the purpose of advising you of changes or additions to this App, about any of our products or services, or for such other purposes as we deem appropriate.

 

ACCEPTABLE AND PROHIBITED USE

 

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using this App:

 

• for any unlawful purpose;

• to solicit others to perform or participate in unlawful acts;

• to violate any international, federal, provincial or state regulations, rules, or laws;

• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, race, sexual orientation, religion, ethnicity, national origin, body image, or disability;

• to submit false or misleading information;

• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or the App;

• to collect or track the personal information of others;

• to spam, phish, pharm, pretext, spider, crawl, or scrape;

• for any obscene or immoral purpose; or

• to interfere with or circumvent the security features of the Services or the App.

 

Further, you are prohibited from violating or attempting to violate the security measures on the App, including, without limitation:

 

• attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;

 

• attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;

 

• sending unsolicited e-mail or commercial electronic messages, including promotions and/or advertising of products or services;

 

• forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or

 

• hijacking all or any part of the App content, deleting or changing any App content, deploying popup messages or advertising, running or displaying this App or any App content in frames or through similar means on another application or website, or linking to the Services or any page within the App, without our specific written permission.

 

We reserve the right to suspend or terminate your use of the Services or this App or any portion thereof for violating any of the prohibited uses listed above or for failure to comply with the Terms of Use, for infringing copyright, or for any other reason.

 

INTELLECTUAL PROPERTY RIGHTS

 

This App is protected by copyrights, trademarks and/or other proprietary rights, and except as specifically provided in these Terms of Use, your use of the App shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws, in addition to the Terms of Use. You specifically agree that Vogue owns all intellectual property rights in and to the content offered on this App (regardless of whether those rights are registered). Nothing contained on this App grants or should be construed as granting, by implication, estoppel, or otherwise, any license or other right to use any trademarks, trade names, service marks or logos displayed on this App without Vogue’s prior written approval. All rights are herein expressly reserved.

 

The App’s design and all text, pictures, graphics, symbols, information, content, and other material displayed on or that can be downloaded from this App are the property of Vogue. You shall not modify the information or materials on this App in any way, or copy, reproduce, publicly display, perform, distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

 

ACCURACY OF INFORMATION

 

We attempt to ensure that the information on this App is complete, accurate, and current. Despite our efforts, the information on this App may occasionally be inaccurate, incomplete, or outdated. We make no representation or warranty as to the completeness, accuracy or currency of any information on this App. For example, Work Stations listed on the App for Bookings may be unavailable, may have different attributes than those listed, and/or may carry a different price than that stated on the App. We reserve the right, at any time, to modify or discontinue the Services (or any part, portion or content thereof) without notice to you. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

 

Additionally, we may make changes to information about pricing and availability without notice to you. While our practice is to confirm Bookings by e-mail, the receipt of an e-mail Booking confirmation does not constitute our acceptance of a Booking or a guarantee that you will receive the Booking you purchased. We reserve the right, without prior notice to you, to refuse a Service to any Member. We may also require verification of your personal information prior to the acceptance of any Booking that you make with us.

 

LINKED THIRD-PARTY SITES

 

From time to time, this App may contain links to websites or applications that we do not own, operate, or control. All such links are provided solely as a convenience to you. If you use these links, you will leave this App.

 

Vogue does not operate, control, or maintain linked websites or applications and are not responsible for their availability, content, security, policies, practices or other information located on or accessible from any other website or application. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website or application, or any content, materials, services, or other information located or accessible from such websites or applications, or the results that you may obtain from using such websites or applications. If you decide to access any other website or application linked to or from this App, you do so entirely at your own risk.

 

USER CONTENT, FEEDBACK, AND OTHER SUBMISSIONS

 

If, whether at our request or not, you submit (regardless of the delivery method) comments, reviews, ideas, suggestions, proposals, plans, photos, videos, links, or other materials (collectively, the “Content”) on or through our App, or directly to our email address, info@voguelounge.ca, you agree that you grant us the irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty free license to, at any time, without restriction, use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute, translate and/or otherwise use in any medium any Content that you submit to us. Such license shall survive termination of your account. We are under no obligation to maintain any Content in confidence, to compensate you for our use of any Content, including for promotional purposes, or to respond to any Content. We may also delete any Content.

 

You agree that your Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Content will not contain libelous or otherwise illegal, unlawful, abusive, or obscene material, or contain any computer virus or other malware that in any way could affect the operation of the Services or of this App. Your submission of any Content constitutes you representation and warranty that the Content is accurate and not misleading, that you own or have the right to give the Content to the Company, and that the Content does not contain anything that might expose Vogue to any legal or moral claims.

 

Vogue is not responsible for, and does not endorse the opinions, advice, or recommendations in the Content and specifically disclaim all liability in connection therewith.

 

LIMITATIONS OF LIABILITY

 

Vogue provides the App and all content therein “as is” without warranty of any kind, and we disclaim all warranties whether express or implied. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

 

You are solely responsible for any damage that results from the use of this App including, but not limited to, damage to your mobile device, computer system or loss of data. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your mobile device, computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this App or your downloading of any materials or resources, from this App. IN NO EVENT SHALL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, HEIRS, SUBSIDIARIES NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS APP BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY INCLUDING DEATH OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS APP, ANY APPS LINKED TO THIS APP, OR THE PRODUCTS, MATERIALS, RESOURCES, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH APPS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

INDEMNIFICATION

 

To the maximum extent permitted by applicable law, you agree to indemnify, defend (at Vogue’s option), and hold harmless Vogue, and its parent(s), subsidiaries, affiliates, partners, officers, directors, agents, contracts, licensors, co-branders, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, your improper use of the App, your interaction with any Member, or your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

 

TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of these Terms of Use for all purposes.

 

These Terms of Use will be effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by terminating your Membership in accordance with the Agreement.

 

If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Use, we may also terminate these Terms of Use at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to the Services or the App (or any part or portion thereof).

 

Further, Vogue has the right, at any time and without prior notice to you, to terminate some or all of the Services, any feature or portion thereof, or any products offered on the App, and to terminate your right to access or use the Services and/or this App or any feature or portion thereof.

 

APPLICABLE LAW

 

These Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. Any and all disputes arising under these Terms of Use, whether as to interpretation, performance or otherwise, will be subject to the exclusive jurisdiction of the courts of the Province of British Columbia.

 

ENTIRE AGREEMENT

 

These Terms of Use, along with the Agreement, our Privacy Policy and other operating rules posted by us on the App or in respect to the Services constitute the entire Agreement and understanding between you and us and govern your use of the Services and App. It supersedes all and any prior or contemporaneous agreements, communications, discussions, negotiations and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use will not be construed against us. A printed version of the entire Agreement including these Terms of Use, the Privacy Policy and of any notice given in electronic form will be admissible in judicial or administrative proceedings with respect to this App to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

 

SEVERABILITY

 

If any term of these Terms of Use is determined to be unlawful, void, or unenforceable, such term will nonetheless be enforceable to the fullest extent permitted by applicable law and all other terms will remain in force. Any invalid term will be treated as severed from the remaining terms.

 

NO WAIVER

 

Vogue’s failure to enforce any of its rights under these Terms of Use will not constitute a waiver of such right unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise permitted under law.

 

REVISIONS TO THESE TERMS AND CONDITIONS

 

We reserve the right to update, change, adjust, modify, or replace any part of these Terms of Use at any time, without any notice to you, by posting updates and/or changes to the App. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. It is your responsibility to check this page periodically for changes. No specified update or refresh date on the App will be taken to indicate that all information on the App has been modified or updated. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes. Certain terms or provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on this App.

 

APPLE TERMS

 

If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

 

FORCE MAJEURE Vogue shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, government mandated shut-down or closures, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

 

ADDITIONAL ASSISTANCE

 

If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to e-mail us at info@voguelounge.ca. Please kindly allow sufficient time for your request to be acknowledged and processed.

 

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