|
General:
ReturnMoi et Dessein Inc. operates this website (“www.ReturnMoi.com”), including all information, documents, content, materials, software and services (the "Content") available on www.ReturnMoi.com. Said website and Content is available to you only for your personal, non-commercial use subject to the terms and conditions set forth in the present agreement ("Terms and Conditions "), together with our Privacy Notice. By accessing, browsing and/or using www.ReturnMoi.com, you acknowledge that you have read, understand and agree to be bound by the Terms and Conditions and to comply with all applicable laws and regulations, including, but not limited to, all applicable export and re-export control laws and regulations.
Your use of www.ReturnMoi.com will be subject to the most recent version of the Terms and Conditions posted on www.ReturnMoi.com. It is your responsibility to periodically consult these Terms and Conditions whenever you intend to use www.ReturnMoi.com. If you do not agree to the Terms and Conditions, do not use www.ReturnMoi.com.
ReturnMoiPets™ is a division of the global recovery service firm ReturnMoi et Dessein Inc.
By Purchasing, registering or activating ReturnMoi products on our website or through our call center, the Customer acknowledges that they have read and agree with the present Terms and Conditions and our Privacy Notice.
General Definitions:
A user of www.ReturnMoi.com is hereinafter referred to as the “User” or “you”.
The User activating and/or purchasing ReturnMoi products is hereinafter defined as the "Customer".
The User who finds a registered and/or activated product and reports their find to ReturnMoi is defined as the “Finder”.
Changes to Terms and Conditions:
ReturnMoi et Dessein Inc. (hereinafter referred to as “ReturnMoi”) reserves the right to update these terms and conditions at any time and at its sole discretion. Changes will either be emailed to customers or posted as a notice on this page. Your use of www.ReturnMoi.com following any such change will constitute your agreement to follow and be bound by the changed terms and conditions. For this reason, we encourage you to review these terms and conditions whenever you intend to use www.ReturnMoi.com. Your continued use of this site following the posting of any changes to the Terms of Condition constitutes acceptance of those changes.
Ownership of Intellectual Property
You acknowledge and agree that all Content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by ReturnMoi, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
ReturnMoi owns the trademarks, service marks, and tradedress ("Trademarks") displayed on this site. Nothing on this site should be construed as a license to use the Trademarks. Your use of the Trademarks displayed on this site is strictly prohibited.
Concerning ReturnMoi and ReturnMoiPets products and services
By Purchasing, registering or activating ReturnMoi products on our website or through our call center, the Customer acknowledges and warrants that
• The Customer is the legal owner of the registered item and/or pet;
• The Customer is over the age of 18 or the age of majority in their province, state or territory of residence;
• The Customer’s mailing address, contact number and email address provided are indeed that of Customer and are valid;
• The Customer’s email address is valid and belongs to Customer, or, in the alternative, that Customer has permission to use the provided email address;
• The Customer is the owner of the credit card or debit card used to purchase items on ReturnMoi’s website, or has the owner's permission to purchase items on ReturnMoi’s site by using the owner’s credit card or debit card.
Finder’s details:
By registering the Finder’s details or allowing our call centre to do so, the Finder agrees to allow ReturnMoi’s call center and its logistics partners to use the Finder’s information to assist in the recovery of a lost or stolen item, and/or pet, and to facilitate the return of this item to its rightful owner. As a part of our service, the Finder may be asked for their consent to allow the Finder’s details to be disclosed to the registered owner of the item. This information will not be disclosed to the owner unless and only if the Finder agrees.
Communication:
Occasionally, ReturnMoi may wish to contact you about its services.
• If you wish to receive marketing information at this time but change your mind later, you will have the option to have your name removed by clicking on the link in the email or contacting ReturnMoi via the Contact Us page.
• You can unsubscribe by clicking on the link available in the information e-mails sent to you.
• ReturnMoi reserves the right to contact you regarding its normal services.
Service Length:
In general, ReturnMoi offers recovery services for the life of the item.
For Special projects (such as pet or usb tags), service lengths of 2 years, 1 year, 6 month and 3 month terms are also available. For these projects, these ReturnMoi labels and tags must be renewed on a yearly or bi-yearly basis in order to avoid any shipping related fees. Customers will receive reminders 4 weeks and again 2 weeks before the ending period of each label or tag. Failure to renew labels or tags will result in a $24.99 recovery fee plus any shipping expenses if your item is returned to you. ReturnMoi has no obligation or responsibility to provide service of any kind for the Customer if they do not renew their yearly membership.
Communication between the Finder and owner:
In certain cases (Finder’s permission required) ReturnMoi will allow the owner and Finder to communicate directly together in order to have the item returned. At this point, ReturnMoi will not be held liable for any communication, security or theft related incidents. ReturnMoi strongly recommends giving as little information as possible to the Finder as we can not guarantee if the information may be used for malicious purposes.
Indemnification:
Upon a request by ReturnMoi, you agree to defend, indemnify, and hold harmless ReturnMoi and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, which arise from your use or misuse of this website. ReturnMoi reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ReturnMoi in asserting any available defences.
Disclaimer of Warranty and Exclusion of Liability:
ReturnMoi makes reasonable efforts to provide you with the most current and accurate information on www.ReturnMoi.com; however, we do not warrant that everything you see on www.ReturnMoi.com is error free or complete. Neither we nor any of our consultants for www.ReturnMoi.com will be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of www.ReturnMoi.com.
Notwithstanding the foregoing, and to the fullest extend permissible by applicable Law, everything on this site and all information, content, materials, products (including software) and services included or otherwise made available to you through this site are provided to you "AS IS", WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ReturnMoi makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your own risk.
ReturnMoi does not guarantee that any personal property or pet bearing ReturnMoi 's labels or tags will be returned to the Customer, or that, if any personal property is returned to the Customer, that the personal property will be returned in the same condition it was in at the time the item was lost, misplaced or stolen.
Any Customer using the services of ReturnMoi agrees that, in connection with any and all products provided and services performed by ReturnMoi, ReturnMoi shall not be liable for a failure to recover any personal property or pet of the Customer bearing ReturnMoi 's labels or tags or any damage done to the Customer's personal property. ReturnMoi shall not be liable for any damage whatsoever caused by the Finder or other third party. ReturnMoi shall not be deemed to be a bailee of the property if it comes into our physical possession, and shall have no duty of care to you in respect thereof.
ReturnMoi is not liable for any loss of property, or for the loss of any animal and/or pet. The Customer will hold ReturnMoi harmless for any damages, real or perceived, incurred by the Customer as a result of owning an animal, or purchasing ReturnMoi pet ID tags and purchasing the service from ReturnMoi or an affiliated store/partner. Owning a ReturnMoi pet ID tag and purchasing a service from ReturnMoi is not a guarantee of pet and/or animal safety, return, or health. The Customer acknowledges that ReturnMoi will employ reasonable measures in all affairs but has no control, influence or responsibility for the care for any animal and/or pet. ReturnMoi will not be responsible to physically arrange the transportation of the found animal and/or pet to the owner; it is the owner’s responsibility to pickup their animal and/or pet.
ReturnMoi is not an insurance company and does not offer any insurance coverage for any losses, costs or expenses relating to the lost or recovered items or animals or pets.
ReturnMoi does not guarantee that any lost item, pet or animal will be found. ReturnMoi’s service is not a GPS system, RIFD, implanted chip, or electronic tracking or locating device of any kind.
You agree that you will accept property returned to you by ReturnMoi and will promptly pay any delivery charges incurred (if applicable). You agree to pickup a pet and/or animal from the Finder as quickly as possible; ReturnMoi will not be held liable for how the pet and/or animal is treated during their stay with the Finder or holding person(s).
In the event that an item, pet or animal with a ReturnMoi label or tag attached is found, and the tag has not been activated, ReturnMoi makes no warranty that it will be able to return the item to its owner as it may not have the necessary details to do so. The Customer may also be charged additional charges of handling and/or shipping in the event their ID tag was not activated prior to losing their item, pet or animal.
Under no circumstances shall ReturnMoi, its affiliates or its subsidiaries be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this website, ReturnMoi products or any and all damages that result from or arise out of the services provided by ReturnMoi to a Customer. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ReturnMoi has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, ReturnMoi's liability in such jurisdictions shall be limited to the extent permitted by law.
The Customer further acknowledges that activating their ReturnMoi ID number and creating their online account on the www.ReturnMoi.com database is the sole responsibility of the Customer (and not of ReturnMoi) to ensure that information is accurate and updated. ReturnMoi is not responsible for any of the information contained in the Customer's account. ReturnMoi does not warrant the authenticity or accuracy of the information contained in the Customer's account. The maintenance of accurate and current information in the Customer's ReturnMoi account is the sole responsibility of the Customer. The Customer will hold ReturnMoi harmless for any lapse in service or access to the Customer account which results from any force outside of ReturnMoi's reasonable control or influence including, but not limited to, power outages, web site hosting interruptions, telecommunication problems, call center interruption, software problems or ReturnMoi’s termination and/or dissolution.
Certain provinces and state laws do not allow limitations on implied warranties or the exclusion or limitations of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations of liability may not be applicable to you.
Links:
This website may be linked to, or have included within, other websites on the Internet. ReturnMoi has not reviewed any or all of the sites linked to www.ReturnMoi.com and is not responsible for any links to this site or their content. Your linking to any sites from this site is at your own risk. By linking to a site or permitting a link to this site, ReturnMoi does not endorse the site operator or the content of the linked site.
Monitoring the Website:
The Customer acknowledge and agrees that ReturnMoi has the right to monitor www.ReturnMoi.com, its website related services, and to disclose any information necessary to operate www.ReturnMoi.com, to protect itself and to comply with legal obligations or governmental requests. ReturnMoi also reserves the right to prohibit any user from using the website and related services who, as determined by ReturnMoi in its sole discretion, violates these Terms and Conditions. Such prohibition may occur with or without notice to the User.
International Use:
ReturnMoi makes no representation that Content and materials on this site are appropriate or available for use in locations outside of North America. Accessing Content and materials from territories where said Content and materials are illegal is prohibited. Those who choose to access this site from other locations do so of their own volition and are responsible for compliance with local laws.
Termination:
ReturnMoi reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
Choice of Law:
If any disputes arise between ReturnMoi regarding your use of this website and this agreement, such disputes shall be resolved according to the laws of the Province of Quebec (Canada), and you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organisations in Montreal, Quebec, Canada in all disputes (1) arising out of, relating to, or concerning this site and/or this agreement, (2) in which this web site and/or this agreement is an issue or a material fact, or (3) in which this web site and/or this agreement is referenced in a document filed in a court or other dispute resolution organisation. Use of this web site is unauthorised in any jurisdiction that does not give full effect to all provisions of this agreement between you and ReturnMoi.
Furthermore, in the unfortunate even of any claim or dispute arising out of or in connection with this web site and/or these terms and conditions and/or any contract between you and ReturnMoi, you agree to engage in good faith with us in a process of mediation before commencing any arbitration or litigation. Any such mediation will take place in Montreal, Quebec, Canada.
Severed Provisions and Entire Agreement:
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.
This Agreement, and the Privacy Notice, set forth the entire agreement and understanding between ReturnMoi and the User, the Finder and the Customer of the Site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.
If we decide to change or update our Terms and Conditions, we will post those changes here. Please refer to this page on a continual basis.
Updated January 7th, 2011
|