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Terms and Conditions

TERMS AND CONDITIONS

 

1.                   Definitions

1.1                We/Our/Us: Actionary Limited DBA My Virtual Mission and The Conqueror

1.2                Services: Any services we provide via the websites www.MyVirtualMission.com and www.theconqueror.events and includes any associated apps or products, goods or services provided through those websites.

1.3                You/Your/User: Any individual that uses and/or engages with the Services.

 

2.                   Fees and pricing

2.1                My Virtual Mission Platform fees

(a)                 My Virtual Mission offers both a free basic version as well as a subscription-based premium service, “My Virtual Mission Premium”.

(b)                 The Premium service is a one-time purchase covering a 12 month period, during which you will have access to unlimited solo missions.

(c)                 The price for Premium can be found at www.myvirtualmission.com/get-premium

(d)                 Prices are subject to change without notice.

(e)                 You can purchase My Virtual Mission Premium via the Apple App Store, the Google Play Store or via the My Virtual Mission website.

(f)                  If purchasing through the Apple App Store and/or the Google Play Store, fees are charged in your local currency and are subject to the terms and conditions of the respective platforms.

(g)                 Fees for Premium subscriptions purchased via the My Virtual Mission website will be charged in USD via PayPal.

2.2                The Conqueror Events –

Registration fees for entry into The Conqueror Event Series events and prices for upgrades and merchandise can be found on The Conqueror website www.theconqueror.events

 

 

2.4                Saved Cards and Payment Intent –

If you instruct My Virtual Mission to save a credit card with the intention of future billing, you grant us permission to initiate a payment or series of payments on your behalf when you initiate a top up or payment through our website. The payment amount shall be determined by you.  

2.5                Non-payment or attempts to avoid payment of platform fees may result in immediate deletion or suspension of your account.  This includes sharing a login to allow other individuals to use or share your account.

 

3.                   Refunds

3.1                All fees are non-refundable.

3.2                Requests for refunds in extraordinary circumstances may be made but acceptance will be entirely at our discretion. 

3.3                If you request a refund and we deem it to be acceptable, it will be provided less any processing or administrative costs that have been incurred, including (but not limited to) credit card processing fees, Apple/Play Store fees etc.

 

4.                   Taxes

All prices appearing on our website exclude applicable taxes, including without limitation, sales tax, use tax, goods and services tax (GST), value-added tax (VAT) or other similar taxes or State, Federal or governmental fees, duties and assessments. You will be responsible for any such taxes or costs that may apply.

 

5.                   Shipment and risk of loss

If your purchase from us includes physical goods, title to the goods shall pass to you upon delivery by us of those goods to the carrier responsible for delivering them to you. Shipments shall be delivered F.O.B. and we will have no liability for loss or damage after delivery to the carrier.

 

6.                   Currency

6.1                MVM Premium: We can accept payments in currencies offered in the app store or by USD if purchasing through our website.

  • The Conqueror: We accept payments in USD, EUR and GBP.

 

7.                   Your Obligations

7.1                By using the My Virtual Mission services you agree to the following:

 

(a)                 You accept that you must be 18 years or over to register an account and use our services.  If you are under 18 years, your parents or legal guardians are required to register your account and by doing so give consent and assume responsibility for you using the services. 

(b)                 Your account will only be used by you and all registered information is true and correct.

(c)                 You will only use the services within your personal physical limits. You accept that we cannot provide advice relating to your personal physical limits or current medical state and you acknowledge you are responsible for your actions and assume all risk (including injury or death) to your person or property resulting from your use of the services. 

(d)                 You will regularly seek medical advice while using the services.

(e)                 You will comply with all applicable local, state/provincial, regional and national laws while using the services.

(f)                  You will immediately alert us ([email protected]) about any unauthorized use of your account.

(g)                 You agree to allow us to use anonymous aggregate data to enable My Virtual Mission to offer a better service in the future.

(h)                 You agree to allow My Virtual Mission to collect and use data in order to serve advertisements and offers.

(i)                   You agree to not share your account login information with other people and/or log in to an account not set up by you.  If you do, your account may be deleted or suspended without notice with no right of recovery of paid fees.

(j)                   You acknowledge and agree to all terms and conditions contained on this webpage.

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8.                   Prohibited Activities

 

 

 

 

 

(b)                 You agree you will not use the services if you have been medically advised not to do so or you have not received medical clearance to use them.  You acknowledge that we will not be liable for any injury, harm or death sustained as a result of using the services.

(c)                 You agree not to use the Services in any way that may violate any laws, statutes, ordinances or regulations you may be subject to.

 

 

 

 

 

 

 

 

 

 

 

9.                   My Virtual Mission Accounts

9.1                We reserve the right to delete or suspend any user accounts at our discretion.

9.2                Users are fully responsible for any content posted on their accounts. You agree by registering an account that you will not:

(a)                 Provide information that is not complete and accurate.

(b)                 Use your account for any illegal purposes.

(c)                 Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site.

(d)                 Share an account with any other person for the purpose of logging activities and avoiding paying fees.

(e)                 Attempt to bypass or otherwise circumvent the designated method of payment as provided by us.

9.3                We may remove any content or block any user from their account for any reason at our sole discretion.

9.4                We will have no obligation to provide a refund of any paid fees if an account is blocked or otherwise amended.

9.5                We do not and cannot review all the material posted by users.  We cannot be liable for any content or harm that it may cause.

9.6                By using our services and holding an account you acknowledge you are responsible for protecting yourself from content that is offensive or harmful that may have been posted or sent to you by another user.  If you have concerns about any content, please email us at  

9.7                When using our services you are responsible for online security and protecting your equipment (computer, devices, etc.) from any harm resulting from such use.

 

10.                Missions and Mission Pages

10.1             As a My Virtual Mission user, your Mission page will be publicly available on the Internet, for all to see, including search engines like Google and Yahoo etc. There are no private or hidden My Virtual Mission pages. Your activity is public and irrevocable.

10.2             Pages marked by users as “Private” are only private to the extent that anyone with the link to the page or who searches for your name or mission can still view it.

10.3             You accept that the services allow communication between account holders.  We are not responsible for any content relating to those communications.

10.4             You are independently responsible for complying with all applicable laws in all of your actions related to your use of our services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

10.5             We hold no funds on behalf of any users.   You acknowledge that we may be required by law to provide information to regulatory or governmental agencies regarding transactions you action for our services.

 

11.                Payments

11.1             My Virtual Mission processes payment transactions through 3rd-party payment solutions such as PayPal and Stripe. We are not a chartered banking entity.  

11.2             When joining an event created by a third party organiser (i.e. a race host) a payment may be processed through our services on behalf of the third party organiser.  In such cases, we have no liability or obligations to you in respect of such payments and all responsibility (including for refunds) will be assumed by the third party organiser.

11.3             My Virtual Mission will not be held liable for any loss or damage due to failure to comply with these terms and conditions. 

 

 

12.                Liability

12.1             We cannot be held liable for any loss, indirect loss, damage, death or injury resulting from use of the services.

12.2             We are not liable for the sourcing or supply of any products or services that have not been directly offered to you by us. 

12.3             We are not liable for any unfair practices, false statements or misrepresentations made by a third party (for example, a race host) in relation to the services.

12.4             We are not liable for any comments, posts, messages or other communications made by a user or third party via our service platform.  We will endeavour to delete and/or restrict any inappropriate content as soon as it is notified to us (email [email protected])

12.5             Our maximum liability for any claim associated with your use of the services, whether under contract, at law, in equity or otherwise for any loss or damage, is an amount equal to the total fees paid by you.

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13.                Disclaimer of Warranties

13.1             WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY YOU, OR IF NOT APPLICABLE THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. 

13.2             YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR CLAIMS OR OFFERS MADE BY THIRD PARTIES IN RELATION TO OUR SERVICES OR THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF A THIRD PARTY TO PROVIDE GOODS OR SERVICES OR THE FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.

13.3             WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS.

13.4             WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

13.5             THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

13.6             For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms and Conditions, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for. (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

13.7             IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542. WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

 

14.                Indemnification

You agree to defend, indemnify and hold harmless us, our employees, and agents from and against any and all claims and expenses, including legal/attorney fees, costs, and disbursements, arising out of your use of the services, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

 

15.                Governing Law

15.1             These Terms and Conditions and our provision of services to you shall be governed by the laws of New Zealand.

 

16.                Forum of Dispute

16.1             Any dispute arising from or relating to these Terms and Conditions or our provision of services to you will be raised with us directly in the first instance.  We will endeavour to resolve your dispute in accordance with these terms and conditions.

16.2             If a direct resolution cannot be achieved, you agree to the matter being referred to mediation.  A New Zealand-based mediator will be agreed to by the parties.

16.3             If the matter is not resolved at mediation, it must be resolved in a court of competent jurisdiction in New Zealand.

16.4             If you fail to bring a dispute in compliance with these “Forum of Dispute” provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys’ fees, costs, and disbursements involved in making such a motion.

16.5             Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, costs, and disbursements.

 

17.                Communications

17.1             Electronic communications may be sent to you by us to inform you of a variety of matters, including the state of your account. You agree to allow us to send these communications to your email address. You also agree that we are not liable for any user generated content (content created by other users which could include words, images videos etc) that is sent to you as a part of these communications.

 

 

18.                Copyright and Other IP

18.1             We claim copyright in all content related to our services and websites.  Any unauthorised use, copying or distribution will not

18.2             Our content is also protected by trade mark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.

18.3             You have no intellectual property rights in or to the services or any content, other than the right to use them in accordance with these terms and conditions.

18.4             Any copying, provision of access or transfer of our content to any other person shall constitute an infringement of applicable intellectual property rights and a breach of these terms and conditions. In the event of an infringement we have the right to immediately delete your account and we may pursue any rights or remedies available to us.

18.5             Our trade and service marks and logos (whether registered or not) are our property and may not be used without consent. For the avoidance of doubt, you may not use any of our or our trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog.

18.6              If you believe your copyright or other intellectual [property right has been infringed, please send us a notice that contains:

(a)                 Your name.

(b)                 The name of the party whose copyright or trademark has been infringed, if different from your name.

(c)                 The name and description of the work that is being infringed.

(d)                 The location on our website of the infringing material.

(e)                 A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

(f)                  A statement that you swear. under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

18.7             You must sign this notification and send it to our Copyright Agent at: [email protected]

 

19.                Severability

19.1             In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.

19.2             If two or more provisions are deemed to conflict with each other’s operation, My Virtual Mission shall have the sole right to elect which provision remains in force.

 

20.                Amendments

20.1             We may amend our services and/or these terms and conditions from time to time. When we amend these terms and conditions we will update this page. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You agree to regularly visit this page and read and accept it if the date it was last modified is more recent than the last time you agreed to the Agreement.

 

21.                Privacy

21.1             We take your right to privacy seriously. Our privacy policy (which can be found at www.myvirtualmission.com/blog/privacy-policy/) shall form part of these terms and conditions.  If you have any concerns or queries related to privacy please contact us at [email protected]