Terms and Conditions
Acceptance of Terms
Welcome to the website of the Kegel Release Curve (“KR Curve”), which is owned and operated by Kate Roddy Physiotherapy Inc. (“KRPI”, “we”, “our”). The use of this Website and the purchase of any of our products, including the KR Curve, is subject to the terms and conditions outlined below (the "Terms and Conditions").
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND/OR PURCHASING A PRODUCT FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS, OR YOU DO NOT BELIEVE THAT THEY ARE REASONABLE, YOU ARE NOT AUTHORIZED TO ACCESS THIS WEBSITE.
1. Website Use and Content
1.1. Acceptable Use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to this Website. You must not use this Website for any purposes related to marketing any product that is not sold already through this Website by KRPI.
1.2. Trade-Marks
The Kegel Release Curve and the KR Curve logo as well as any other marks displayed on this Website, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts of KRPI, and any other distinctive indicia of KRPI are registered and unregistered trade-marks owned by KRPI (the "Trade-marks"). You may not use the Trade-marks in any manner without KRPI's express written permission and except as provided in section 1.3 below. KRPI owns all rights, including intellectual property rights, in the Website including in all materials on or comprising the Website, including all information, data, design, images, sound, photographs, video, illustrations, links, icons, graphics, Trade-marks, headers, text and any object or source code utilized in the Website software, and any portion thereof (collectively, "Content"). All such rights are expressly reserved.
1.3. Use License
KRPI grants you a limited license to view and browse this Website and to print individual pages from this Website for your own personal, non-commercial use, provided that you agree to and accept without modification these Terms and Conditions. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content from this Website without the express written permission of KRPI. Your use of this Website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. KRPI reserves complete title and full intellectual property rights in any material that you may copy or print from this Website.
1.4. Disclaimer
1.4.1. Your use of this Website is entirely at your own risk. All content on this Website is provided on an "as is" and "as available" basis. KRPI disclaims, and you hereby waive, any and all warranties, conditions and liabilities of any kind, whether express or implied, arising by operation of law or otherwise, with respect to this Website and any content on this Website or any other Internet site linked to this Website, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. KRPI does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Website, or any of the content or data found on the Website.
1.4.2. KRPI is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
1.4.3. KRPI assumes no responsibility, and shall not be liable for, any damages to, or any viruses affecting, your computer equipment or other property on account of your access to, use of, or browsing on the Website or your use, as permitted in section 1.3 above, of any Content from the Website.
1.4.4. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
1.4.5. The KR Curve is not a medical device. It is an instrument assisted soft tissue therapy tool. All treatment techniques discussed on the Website are commonly used already by the pelvic health industry (physiotherapists, doulas, midwives, obstetricians and gynecologists). These techniques can all be performed digitally with one’s own hand, however, the KR Curve is simply an extension for easier reach and facilitation.
1.5. Limitations of Liability
In no event shall KRPI, its directors, officers, employees, affiliates, agents, subsidiaries, successors or assigns, subcontractors or other representatives ("Third Parties") be liable, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), strict liability or otherwise, to you or any other person for any loss (including any business loss, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data) or for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, this Website or any content on this Website, even if KRPI or other Third Parties have been advised of the possibility of such damages.
IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT HEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE.
1.6. Errors or Omissions
KRPI makes every effort to ensure that the Content on this Website is complete and current. However, KRPI does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. KRPI reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.
2. Product Purchase Terms and Conditions
2.1. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
2.2. Products and Availability
This Website displays products available for purchase; however, not all products are available at all times and products may be changed, substituted or discontinued at any time. KRPI attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. While we use our best efforts to fulfill all orders, KRPI cannot guarantee the availability of any particular product displayed on this Website. KRPI reserves the right to discontinue the sale of any product listed on this Website at any time without notice.
2.3. Product Prices
Product prices offered on this Website may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Website are quoted in CDN dollars. Prices are valid and effective only within their respective Canadian or US jurisdictions, and such prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and taxes that may apply to your order.
2.4. Payment Options
KRPI accepts VISA and MasterCard credit cards. We do not accept cash, cheques or COD for online orders.
2.5. Delivery
KRPI will use commercially reasonable efforts to deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that KRPI will not be held responsible for any delays in shipping or delivery.
2.6. Warranties
KRPI has chosen a high-quality grade of medical stainless steel that should last a lifetime. We guarantee, under the proper conditions and care, our product for life.
KRPI warrants that the goods or services purchased hereunder will be free from defects in material, workmanship and design, and fit and sufficient for the purposes intended. In the rare event your KR Curve fails due to a defect in workmanship or materials, KRPI will, at its discretion, replace your product with the same or a similar product. Please consult our Returns and Warranty section for more information on how to make a claim.
2.7. Returns
All sales of the KR Curve are final. Due to the intimate and personal nature of our product, and for hygienic reasons KRPI cannot accept returns unless the product meets our warranty policy. See above.
2.8. Changes
KRPI has the right at any time to make changes in drawings, specifications, materials, packaging, time and place of delivery, and method of transportation. You hereby agree to accept any such changes subject to this section.
3. General Provisions
3.1. Unenforceable Provisions
If any provision of the Terms and Conditions are, or are found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms and Conditions.
3.2. Severability
If any term or provision of the Terms and Conditions, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction or other competent authority to be invalid, unenforceable or void, the remainder of the Terms and Conditions and such term or provision as applied to other persons, places and circumstances shall remain in full force and effect.
3.3. Indemnity
You hereby indemnify KRPI and undertake to keep KRPI indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KRPI to a third party in settlement of a claim or dispute on the advice of KRPI's legal advisers) incurred or suffered by KRPI arising out of any breach by you of any provision of the Terms and Conditions, or arising out of any claim that you have breached any provision of the Terms and Conditions.
3.4. Breaches of the Terms and Conditions
Without prejudice to KRPI's other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, KRPI may take such action as KRPI deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
3.5. Variation
KRPI may revise the Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
3.6. Law, Jurisdiction and Language
Any matter that arises out of your use of this Website shall be governed by the laws of the Province of Ontario, in the country of Canada. All contracts shall be concluded in English.
3.7. Assignment
KRPI may transfer, sub-contract or otherwise deal with KRPI's rights and/or obligations under the Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms and Conditions.
3.8. Entire Agreement
These Terms and Conditions constitute the entire agreement between KRPI and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous agreements or communications, whether electronic, oral or written between KRPI and you with respect to such subject matter.