E-COMMERCE TERMS AND CONDITIONS

Last revised November 15 2015

  1. Agreement to be Legally Bound by Terms:

This Agreement (the “Agreement”) represents a legally binding, contractual agreement between you (“you”) and Vagalume Inc. (“Vagalume”, “us”, “our” or “we”) with respect to your use of the Vagalume Website at www.vx360.com (“Website”). By using the Website, you are: (i) representing that you have reached the legal age of majority in your jurisdiction of residence; (ii) indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement, as they govern your access to and use of the Website and any services, products, materials, or information available on or through the Website; and (iii) agreeing to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE. We suggest you print a copy of these Terms for your records.

  1. Privacy: 

Without limiting the generality of the terms and conditions of this Agreement, your use of a Website is also subject to the terms of the Vagalume Privacy Policy (the “Privacy Policy”), which is hereby incorporated into and made part of this Agreement. Please carefully review the Privacy Policy. When you choose to participate in the Program, you are agreeing to the collection, use and disclosure of the information you share with Vagalume and its affiliates, as explained in this Agreement and the Privacy Policy.

  1. Modification of this Agreement by Vagalume:

Subject to applicable law, Vagalume reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date this Agreement was last revised. In addition, if you have registered for an Account (as defined below in Section 4) we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of any Website after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.

  1. Account Registration and Security:

When you make a purchase through the Website, you must either register for a Vagalume account (an “Account”) or check out as a guest. If you choose to make a purchase as a guest, you will still be required to provide certain personal information to allow us to process your Order (as defined below in Section 5). When you make a purchase with us through the Website, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) if you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete. You are solely responsible for the accuracy of all information that you provide to Vagalume, regardless of whether you register for an Account or purchase as a guest. In the event that you do not provide or update such information, or Vagalume has reasonable grounds to suspect that you have not provided or updated such information, Vagalume shall have the right, in its sole and absolute discretion, to prevent you from using any of its Website.

If you have registered for an Account, it is your sole and absolute responsibility to keep the username, password and other information confidential and secure. In the event that your username, password and/or Account are used without your consent or that you discover any other breach of security, you agree to promptly notify Vagalume at info@vx360.com. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.

  1. Making Purchases through a Website:

You may only make purchases through the Website if you are over the age of legal majority in your jurisdiction of residence. Purchases will only be shipped to a valid mailing address in Canada, excluding Quebec (as determined by Vagalume in its sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction (“Order”). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping. Unless otherwise indicated, all dollar amounts on the Website are in Canadian Dollars.

All Orders made through the Website are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Website relating to the Order. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through the Website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. Payments are processed by a third party service provider and Vagalume does not collect your financial information.

Vagalume reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.

In order to complete an Order through the Website, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order.

Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it’s sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order. Vagalume reserves the right, in its sole and absolute discretion, to change the prices offered on the website at anytime, including without limitation, items that have been placed in your Cart.

You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping, or other charges. Taxes may depend on delivery location.

  1. Return Policy:

If you are not happy with your purchase made through the Website, you may return for a refund within 30 days of receiving your Order. Shipping and handling, and return shipping or other charges (as applicable) are not refundable. Processing time for returns is typically in the range of 7-14 business days from the time the product is received by Vagalume – but, time frames may vary in the sole and absolute discretion of Vagalume. An email will be sent confirming receipt and processing of your return request. You must contact our customer service team via email, prior to sending your return. You will be given a return authorization number and form, which must be included with your return request. To contact customer service, please email info@vx360.com.

  1. Delivery:

The estimated delivery time will be specified in your Order; however, it is possible that your Order will arrive before or after the estimated delivery time. We will use commercially reasonable efforts to deliver your Order as quickly as possible within the time period(s) indicated; however, we will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 3 days of the estimated delivery time, please let us know by emailing help@vx360.com. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.

  1. Vagalume Rights Regarding Orders:

Without limiting the generality of any other section of this Agreement, Vagalume reserve the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Website to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.

  1. Vagalume Not Responsible for Errors:

Information (including, but not limited to, information relating to product descriptions, pricing, promotions, offers, and/or availability) provided by Vagalume in relation to the Website are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the website that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel Orders if any information on the Website is erroneous or inaccurate at any time without prior notice (including after you have submitted your Order).

  1. Verification of Orders by Vagalume:

All Orders are subject to verification by Vagalume at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Vagalume): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement.

  1. Electronic Transmissions:

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Vagalume does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website. In no event will any information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your knowledge or consent. We ask that you please not send personal or financial information to us using unencrypted e-mail messages. You should take reasonable and appropriate precautions to ensure compatibility of any website you visit with your specific mobile or other device.

  1. Ownership of Websites:

The Website consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the “Website Content”) that have been provided by Vagalume and/or other individuals or entities. All such Website Content is owned by Vagalume and/or the applicable third party. You hereby acknowledge that the Website and each component of the Website (including, without limitation, the Website Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws. Your use of the Website and/or any Website Content does not grant or transfer to you any ownership or other rights in the Website or any component of the Website (including, without limitation, the Website Content), and except as expressly provided, nothing herein or within the Website or any component of the Website (including, without limitation, the Website Content) shall be construed as conferring on you or any other person or entity any license under any of Vagalume’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved by Vagalume. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Website, any component of the Website, or any of the Website Content, in whole or in part, except as expressly authorized by Vagalume. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with Vagalume’s ownership of the Website and/or Vagalume’s ownership of, or any third party’s ownership of, any Website Content. You are hereby expressly prohibited from removing any proprietary notice of Vagalume, or any third party, from any copy of the Website or any component of the Website (including, without limitation, the Website Content).

  1. Trade-Marks:

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website and/or Website Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Vagalume or other third party individuals or entities.

Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by Vagalume are the property of their respective owners, and, where used by Vagalume are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Website or any component of the Website (including, without limitation, the Website Content) may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Vagalume’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.

  1. Limited License to use Website:

Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website. Subject to the terms and conditions in this Agreement, Vagalume hereby grants you a limited, non-sublicenseable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Website Content for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to the Website or any component of the Website (including, without limitation, the Website Content) that is not expressly authorized under this limited licence. Your limited license to use our Website(s) and the Website Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).

  1. Additional Restrictions:

Without limiting the generality of any other aspect of this Agreement, you agree that you shall not:

  1. use, copy, modify, download or transfer the Website or any component of the Website (including, without limitation, the Website Content), in whole or in part, except as expressly provided in this Agreement;
  1. reverse engineer, disassemble, decompile, or translate the Website or any component of the Website (including, without limitation, the Website Content); (ii) attempt to derive the source code of the Website or any component of the Website (including, without limitation, the Website Content); (iii) create any derivative work from the Website or any component of the Website (including, without limitation, the Website Content); and/or (iv) authorize or assist any third party to do any of the foregoing;
  1. rent, lease, loan, resell, or otherwise distribute the Website or any component of the Website (including, without limitation, the Website Content);
  1. remove or alter any proprietary notice or legend regarding Vagalume’s, or any third party’s, proprietary rights in the Website or any component of the Website (including, without limitation, the Website Content);
  1. use the Website or any component of the Website (including, without limitation, the Website Content) except in accordance with the terms of this Agreement and all applicable laws and regulations; and/or
  1. use the Website or any component of the Website (including, without limitation, the Website Content): (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability.
  1. Confidentiality:

The structure, organization and source code of our Website(s) are the valuable trade secrets and proprietary confidential information of Vagalume and its licensors. You agree not to provide or disclose to any third party any such confidential information that is or that may be contained in and/or derived from the Website or any component of the Website (including, without limitation, the Website Content).

  1. Intellectual Property Concerns:

Vagalume respects the intellectual property rights of others and expects you to do the same. If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Website by providing a written notice with the following information:

  • Identification of the copyrighted work or trade-mark that you claim has been infringed;
  • Identification of the allegedly infringing content, and information reasonably sufficient to permit Vagalume to locate it;
  • A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
  • A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf; and
  • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

Deliver the notice to us at the following address: Vagalume 100 Ronson Drive Etobicoke Ontario Canada M9W 1B6

  1. No Duty to Correct Errors: 

Without limiting any other provision(s) of this Agreement, you acknowledge and agree that Vagalume has no obligation whatsoever under this Agreement or otherwise to correct any defects or errors in the Website or any component of the Website (including, without limitation, the Website Content), regardless of whether you inform Vagalume of such defects or errors or Vagalume otherwise is, or becomes aware of, such defects or errors.

  1. Indemnity:

You agree to indemnify and hold Vagalume and its affiliates, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Vagalume Entities“) harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to: (i) our access to and/or use of the Website or any component of the Website (including, without limitation, the Website Content), (ii) your violation of any of the terms and conditions of this Agreement; and/or (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. You agree that Vagalume may assume the exclusive defense and control of any matter for which you are required to indemnify Vagalume and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of Vagalume. Vagalume will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Limited Warranty

Our Vagalume product is warranted by Vagalume to be free of defects in materials, workmanship or technology under normal use, for a period of one year from the date of original purchase. This limited warranty excludes any damages resulting from improper care or handling, accidents, modifications, unauthorized repairs, normal wear or other causes which are not defects in materials, workmanship or technology. If your product is defective, please contact Vagalume at info@vx360.com or help@vx360.com for a replacement or full refund, as may be selected by Vagalume. To the extent permitted by the applicable law, this limited warranty is in place of all other express and implied warranties of any kind, which are hereby expressly excluded. In no event shall Vagalume be liable for direct, indirect, incidental or consequential damages arising out of improper use of the product on the part of the customer. This limited warranty may not be amended or altered except by a written agreement signed by Vagalume. This limited warranty may not be transferred, except where required by law.

  1. Disclaimer and Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND EACH COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE WEBSITE AND EACH COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) RESIDES WITH YOU. VAGALUME EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VAGALUME MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT), INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR MATERIAL, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.

THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

ANY AND ALL INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.

THE VAGALUME ENTITIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT). YOU EXPRESSLY ACKNOWLEDGE THAT VAGALUME HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE WEBSITE AND EACH COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND VAGALUME. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

  1. Governing Law:

For users who are not an individual resident of Quebec, this Agreement, your use of the Website, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Website and any related matters.

  1. Termination: 

If you breach any provision of this Agreement (as determined by Vagalume in its sole and absolute discretion), then you may no longer use our Website or any component of our Website (including, without limitation, the Website Content). We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, the Website or any component of the Website (including, without limitation, the Website Content) or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the Website is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of our Website and anything relating to or arising from such use. If you are dissatisfied with the Website or any component of the Website (including, without limitation, the Website Content), then your sole and exclusive remedy is to discontinue using our Website.

  1. Language:

To the extent Vagalume translates this Agreement into other languages for your convenience or as required by applicable law, the English version governs your relationship with Vagalume, and any inconsistencies among the different versions will be resolved in favour of the English version. The parties expressly wish that the Terms, Policy and any related documents be drafted and executed in English. C’est la volonté expresse des parties que les conditions, la politique et tous les documents qui s’y rattachent soient rédigés et signés en anglais.

  1. General:

If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion. 

  1. Questions:

Questions? If you have any questions or concerns regarding our Website or the terms and conditions of this Agreement, please contact us at:

100 Ronson Drive Etobicoke Ontario Canada M9W 1B6

General business inquiries – hello@vx360.com

Product and sales inquires – info@vx360.com

Returns and product difficulties – help@vx360.com