TERMS OF SERVICEof Kaolii.ca

Last updated date: March 1, 2020


PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE

The following general conditions govern and apply to your use or recourse to the site maintained by Désirable Experience Design inc. (the “site”).

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

1. AGE RESTRICTION
   

   
   You must be at least eighteen (18) years of age to use this site or any service included on this site. By accessing or using this site, you represent that you are at least eighteen (18) years of age. We cannot be held responsible for any false declaration concerning your age.

2. INTELLECTUAL PROPERTY

All intellectual property on the site is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and / or licensed by us. All content on the site including, but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features as well that any other content, is a collective work under Canadian law or under any other copyright law and is the property of Désirables Experience Design inc. The elements appearing on this site may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, whether in textual, graphic, audio, video or executable form, without our written permission.

All rigts reserved.

3. USE OF COMPANY CONTENT

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

4. USER ACCOUNT AND ACCOUNT USE

If your use of the site requires an account identifying you as a user of the site (a “user account”):

a) you are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords associated with your user account as well as the activity anyone who has access to your account with or without your permission;

b) you agree to notify us immediately of any unauthorized use of your user account, of services through your user account, of a password linked to your user account or of any other breach of the security of your user account or service provided through your user account, and you agree to assist us, as we may ask you, to stop or remedy any breach of security related to your account; and

c) you agree to provide true, accurate and current user information, as we may request from time to time, and you agree to report to us any changes to your user information as required so that the information that we hold to be true, accurate and current.

5. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction since the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument as well as any other information related to the transaction.

If you are paying by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we are of the opinion that the transaction violates these terms of use or if we believe that by doing so we can prevent financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement or any affected third party (including other users) and may share the details of any payment you are associated with if we believe that such action could prevent financial loss or a violation of the law.

6. SALE OF PRODUCTS AND / OR SERVICES

We can sell products or services. We are committed to being as accurate as possible with all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information relating to any product and you acknowledge and agree that the purchase of such products is at your own risk.

7. SHIPPING, DELIVERY AND RETURN POLICY

You agree to provide payment for all items that you may purchase from the site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address, shipping address and phone number, as well as valid billing information. We reserve the right to refuse or cancel an order for any reason, including an error or omission in the data you provide us. Where applicable, if the payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time of shipment of the order. You agree to monitor your payment instrument. Shipping and delivery costs as well as expected delivery dates are subject to change due to unforeseen circumstances.

For any questions or disputes, you agree to contact us in a timely manner at the following email address:

hello@kaolii.ca

If you are not satisfied with a good that you bought on our site, you can do the following:

Since Kaolii products are intimate products, we cannot accept returns (or exchanges).

If your Kaolii product appears to have any flaws that make it unusable (in other words, if the product has cracks, cracks, is damaged, chipped or broken), please contact our team at hello@kaolii.ca . Please add a photo of the fault so that our team can resolve this issue as quickly as possible.

For purchases made with your healthcare professional, we recommend that you contact us directly to speed up the whole process. Please provide us with the name of your healthcare professional so that we can contact them with any further questions.

8. ACCEPTABLE USE OF THE SITE

You agree not to use the site for illicit purposes or any other purpose prohibited under this clause. You agree not to use the site in any way that could harm the site, the services or the commercial activity of Désirables Experience Design inc.

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

a) harass, abuse or threaten another or otherwise violate the rights of any person;
b) violate the intellectual property of Désirables Experience Design inc. or any other third party;
c) download or transmit computer viruses or any other software that could damage the property of Désirables Experience Design inc. or others;
d) commit fraud;
e) create or participate in illegal gambling, lottery or pyramid scheme activities;
f) post or distribute obscene or defamatory material;
g) publish or distribute any material which incites violence, hatred or discrimination against any group; and or
h) illegally collect information about others.

9. PROTECTION OF PRIVACY

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

When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and / or billing information. Depending on your use of our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies. , history, web beacons (also called “invisible GIFs”), tags and more.

We use the information collected from you to ensure that you have a good experience on the site. We may also track some of the passive information received to improve our marketing and analytics, and to do this we may work with third party vendors.

If you wish to block our access to any passive information that we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please note that we will still receive information about you that you provide to us, such as your email address.

If you choose to terminate your account, we will store and retain your information for the following period of time: 30 days. After this time, all information about you will be erased.

10. DISCLAIMER OF RESPONSIBILITY
    

    
    Our site exists for communications purposes only. You acknowledge and agree that any information published on our site is not intended to be a legal, medical or financial opinion and no fiduciary relationship has been created between you and Désirables Experience Design inc. You also agree that your purchase of products from the site is at your own risk. We are not responsible in any way for the advice or any other information conveyed on the site.

11. REVERSE ENGINEERING AND SAFETY

You cannot take any of the following actions:

a) reverse engineer or disassemble any code or software on or from this site;
b) violate or attempt to violate the security of the site by any unauthorized access, bypassing encryption or any other security tool, exploitation of data or interference with any host, user or network.

12. DATA LOSS

We are not responsible for the security of your user account or the contents of your account. Use of the site is at your own risk.

13. COMPENSATION
    

    
    You agree to defend, compensate and hold harmless Désirables Experience Design inc. and its affiliated companies against any claim, suit or demand, including attorneys’ fees, that may arise out of or relate to your use or abuse of the Site, your violation of these Terms, or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.

14. SPAM POLICY

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

15. THIRD-PARTY LINKS AND CONTENT

We may post links to third party sites or services. We are not responsible for any damage or loss related to the use of third party services linked to our site.

16. INDEPENDENCE OF CLAUSES

If one of these clauses is recognized as illegal, declared null or inapplicable, in whole or in part, the inapplicable portion will not affect the validity and applicability of the other clauses of these conditions of use.

17. SERVICE INTERRUPTION
    

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

18. TERMINATION OF USER ACCOUNT

We may suspend, limit or terminate your user account and your use of the site at our sole discretion, at any time, without notice and for any reason whatsoever, including the operation or effectiveness of the site or equipment or network belonging to us or a third party that is disrupted by your use or abuse of the site or if you have been or are currently in breach of the terms hereof. We shall have no liability to third parties, including any third party provider for any suspension, limitation or termination of your access to the site.

19. NO WARRANTY
    

    
    Although we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, current or complete. Under no circumstances can we be held responsible for any damage that may result from an error on the site.

We assume no responsibility for any damages arising from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, without errors or omissions, or that defects will be corrected. Nor is it possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided “as is” and “as available” without representation, warranty or condition of any kind, express or implied.

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

You acknowledge that we may, at our sole and absolute discretion, and without notice, suspend, cancel or terminate your account, your use of or your access to the site or any of its services, and remove and delete any information or content relating to the site or any of the services offered (and terminating your use of it), for any reason whatsoever, including if we believe that you have violated these terms. Further, you acknowledge that we will not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are unsatisfied of Kaolii or one of its services, or any of these conditions, rules, policies, guidelines or our practices relating to the operation of Kaolii. or any of its services, your sole remedy is to discontinue using such site or service.

20. CONFIDENTIALITY
    

    a)Personal Information Collected, Personal Information Processed and Mode of Collection of Personal Information

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

• Lawfulness, loyalty and transparency: personal information can only be collected and processed with your consent. Each time personal information is collected, you will be told that your personal information is being collected, and for what purposes your personal information is being collected;
• Limited purposes: the collection and processing of personal information is carried out to meet one or more objectives determined in these general conditions of use;
• Minimization of the collection and processing of personal information: only the personal information necessary for the proper execution of the objectives pursued by the site is collected;
• Retention of personal information reduced in time: personal information is kept for a limited period, of which you are informed;
• Integrity and confidentiality of personal information collected and processed: the person responsible for processing personal information undertakes to guarantee the integrity and confidentiality of the personal information collected.

In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal information can only take place if they meet at least one of the conditions listed below :

• You have expressly consented to the processing;
• The processing is necessary for the proper performance of a contract;
• The processing meets a legal obligation;
• The processing is explained by a necessity linked to the safeguarding of the vital interests of the person concerned or of another natural person;
• The processing can be explained by a necessity linked to the performance of a task in the public interest or which comes under the exercise of public authority;
• The processing and collection of personal data is necessary for the purposes of the legitimate and private interests pursued by the controller or by a third party.

The personal information collected on the site is as follows:

– First Name
– Last Name
– Email adress
– Phone number (optional)

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

Registration or subscription to the website
– When the user register on the website
– When the user buy a product on the website
– When the user subscribe to the website newsletter

Furthermore, when purchasing a product on the site, it is brought to your attention that the seller will keep in its computer systems proof of the transaction including the order form and the invoice.

The data controller will keep in its computer systems of the site and under reasonable security conditions all the personal information collected for a period of: 1 year, unless you request its deletion before the expiry of this period.

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

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

Location data and the user’s IP address are collected for statistical purposes.

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

– Google Analytics
b) Data hosting

The site is hosted by: Host Gator, whose head office is located at the following address:

5005 Mitchelldale Suite #100 Houston, TX 77092 United States of America

The host can be contacted at the following telephone number: (866) 964 – 2867

Personal information collected and processed by the site is transferred to the following country(ies): United States. This transfer of personal information outside Canada is justified for the following reasons:

Personal information is hosted in North America since the company’s head office is located there.

c) Person responsible for processing personal information

The person responsible for processing personal information is: Isabelle Deslauriers, working at: Désirables Experience Design Inc. She can be contacted as follows:

The person responsible for processing personal information can be contacted by email at hello@kaolii.ca

d) Rights and procedures for exercising your rights

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

In order for the person responsible for processing personal information to grant your request, you are required to communicate to her: your first and last name as well as your email address, and if relevant, your account number or personal space or subscriber.

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

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

You can read, update, modify or request the deletion of personal information about you, by following the procedure set out below:

The user must send an email to the person responsible for processing personal data, specifying the reason for his request.

If you have one, you have the right to request the deletion of your personal space by following the following procedure:

The user must send an email to the personal data controller with his identifier and the reason for the request to delete the data.

1. Right to portability of personal information

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

The user must make a request for the portability of personal information to the person responsible for processing personal information, identifying the reason and the destination of the targeted data.

III. Right to restriction and opposition of the processing of personal information

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

e) Obligations of the controller of personal information

The controller undertakes to protect the personal information collected, not to transmit it to third parties without you being informed and to respect the purposes for which this personal information was collected.

The site has an SSL certificate to ensure that information and the transfer of personal information passing through the site are secure.

In addition, the person responsible for processing personal information undertakes to notify you in the event of rectification or deletion of personal information, unless this entails disproportionate formalities, costs and procedures for them.

In the event that the integrity, confidentiality or security of your personal information is compromised, the controller undertakes to inform you by any means.

21. LIMITATION OF LIABILITY
    

    
    We are not liable for any damages you may suffer arising from your use of the site, to the fullest extent of the law. The maximum liability of Kaolii. resulting from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Kaolii. in the last six months, using the highest amount. This is valid for any claim including, without limitation, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.

22. ADDITIONAL QUESTIONS AND INFORMATION
    

    
    For any questions or for more information, please contact us at the following address: hello@kaolii.ca