Terms and Conditions

TERMS OF USE AND PRIVACY AGREEMENT

Maureen McGrath Group Ltd. (“Maureen McGrath”,”MMG” “we” or “us”) is dedicated to bringing you evidence-based, effective ways to promote and maintain your health as it relates to bladder, bowel and sexual health. We want you to feel as comfortable and confident as possible about the products and services we offer.

GENERAL

The Website and the services associated with the Website are not intended to substitute for professional advice, diagnosis, treatment, medical treatment, psychotherapy, counselling, pelvic floor physiotherapy, chiropractic service, or any medical health service. You must seek the advice of your physician or other qualified health providers such as a Nurse Continence Advisor with any questions you may have regarding any medical condition or intimate health symptom. It is emphasized that you do not disregard professional psychological or medical advice or delay in seeking it simply because of the services provided by the Website.

Maureen McGrath Group Lts offers certain online services through its various websites (the “Maureen McGrath Group Ltd” websites) which include the following websites (a) Maureenmcgrath.com (b) Backtothebedroom.ca and (c)GetCleopatra.com (d) all other webpages owned, operated, or branded by Maureen McGrath Group Ltd, URLs, domain names, and webpage.  As part of the Maureen McGrath Group Ltd Websites, Maureen McGrath Group Ltd operates an online retail service (the “Online Store”) and Maureen McGrath Group Ltd offers, and additional online services.  For the purposes of this Agreement, “Services” shall mean all of the above, including, without limitation, the availability to you of Maureen McGrath Group Ltd Websites, on-line personal education, on-line training and the Online Store.

The Maureen McGrath Group Ltd websites are maintained and updated frequently to bring you the latest information online.  Although our technicians do their best, Maureen McGrath Group ltd cannot be held responsible for, and you waive any claim against Maureen McGrath Group Ltd in respect of errors and omissions.

This Maureen McGrath Group  Ltd website is hosted and/or operated in Canada. Backtothebedroom.ca is hosted in the US. GetCleopatra.com is TBD. 

TERMS & CONDITIONS

For good and valuable consideration, the receipt and sufficiency of which is acknowledged, Maureen McGrath Group Ltd and you, the Client (referred to herein as “you” or the “Client”) agree as follows:

Terms of Use.  This Agreement (the “Agreement”) sets forth the terms for your use of the Services.  You are only authorized to use the Services upon the express condition that your use of the Services is in accordance with all applicable laws and the terms of this Agreement.  Please read this Agreement carefully.  Your use of the Services or any part thereof constitutes your (as well as your parent or legal guardian, if you are under the Legal Age) acceptance of this Agreement.  In addition to the foregoing, your purchase of any products or items or service through the Online Store constitutes your acceptance of the terms of this Agreement.  If you do not agree to be bound by this Agreement, you are not authorized to access the Maureen McGrath Group Ltd or to use the Services.

Representations & Warranties.  You represent and warrant that:

You are of legal age to form a binding agreement (“Legal Age”).  If you are not of Legal Age, you are not authorized to use the Services unless:  (a) you have received the permission of your parent or legal guardian and (b) your parent or legal guardian, by granting such permission agrees to be bound by this Agreement and in such a case, the term “you” and “Client” shall be deemed by your parent or legal guardian.

You will provide true, accurate, current and complete information about yourself (“Client Information”) as prompted and you will maintain and promptly update your Client Information to keep it true, accurate, current and complete.

Maureen McGrath Group Ltd has the right to refuse, suspend or terminate your current or future use of the Services (or any portion thereof), without warning, if:

we believe that you are under the Legal Age and you represent yourself as being of or over the Legal Age;

you provide, or Maureen McGrath Group Ltd suspects that you have provided, any information that is untrue, inaccurate, not current or incomplete.

Term.  This Agreement shall be effective from the moment you access the Maureen McGrath Group Websites and/or use the Services, and shall remain in full force and effect even after you cease your use of the Services.

Prices.

7.1    Subject to Change.  All prices listed on the Maureen McGrath Group Ltd Websites are subject to change without notice.  For up to date information, please contact Maureen McGrath Group Ltd by telephone during normal business hours.

7.2    Taxes.  All prices listed on the Maureen McGrath Group Ltd Websites are exclusive of all taxes.  Applicable taxes will be added to the listed price at the time of purchase.

7.3    Shipping and Handling. 

Shipping and handling charges (“S&H Charges”) are not included in the listed price(s).  All such charges will be calculated at checkout.  The completion of your purchase constitutes your acceptance of the S&H Charges.

7.4    Secured Processing Partners.  In order to purchase products or items (collectively, “Products”) through our Online Store, you may be required to register with our processing partner, which is currently PayPal Pte. Ltd. (our “Secured Processing Partner”) and create an account with our Secured Processing Partner.  Your purchase of any Products and use of any services provided by our Secured Payment Partner is governed by our Secured Payment Partner’s terms, conditions and policies.  We reserve the right to utilize a different Secured Processing Partner and, in such a case, the term Secured Processing Partner shall include such different processing partner(s).  We are not responsible for any Secured Processing Partner website, service, account, or information collected by such Secured Payment Partner and you are solely and entirely responsible for, and waive any claim against us for, any and all use of your accounts you may have with our Secured Processing Partner.  

7.5    Payment Options.  We currently accept payment via American Express, MasterCard, and Visa.  We do not accept payment in any other manner, including, without limitation, COD, layaway plan, personal cheques, Money Orders, credit cards with issuing banks and billing addresses outside the U.S. or Canada.

7.6    Billing Information.  For your security, your billing name and address must match that of the credit card used for payment.  We reserve the right to cancel any order where there is a mismatch of information.

  1. Product Availability.

8.1    Temporarily Out of Stock.  If a Product you have selected is temporarily out of stock at the time of your order, the Product will be placed on backorder and we will use reasonable efforts to notify you via such email as you have provided to us and advise you of the expected ship date of the backordered Product.

8.2    Backorders & Shipping.  Backordered Products are shipped as soon as they are available.  If your order contains Product(s) that are in–stock and Product(s) that are backordered, the in-stock Product(s) will be shipped immediately and the backordered Product(s) will be shipped as soon as they are available.  There are no additional shipping charges for the separate shipment of the backordered Product(s).  If for any reason you wish to cancel a backordered Product after ordering but prior to delivery, please contact us and we will make reasonable efforts to cancel such backordered Product, it being understood that this may not be possible in all cases.  Products that are not in stock at the time of purchase are not eligible for promotional offers.

Orders. 

9.1    Processing.  We will use reasonable efforts to process orders of Products (“Orders”)within twenty-four (24) hours of receipt of payment (the “Processing Date”).

9.2    Delivery.  We will use reasonable efforts to deliver Orders within 2 – 5 business days of the Processing Date.  Processing and delivery estimates do not include weekend days and federal and statutory holidays in Canada and British Columbia and the United States.  Business days are Monday-Friday.  Orders placed on weekends and federal or statutory holidays will be processed on the next business day. 

9.3    Cancellation of Orders.  Once you have finalized your Order, which is defined as the moment you click “Send My Order” or equivalent, you cannot cancel or change your Order.   Our system is designed to process and ship and all Orders are final, except that Maureen McGrath Group Ltd may cancel Orders at its sole discretion for the following or reasonably similar reasons to the following:

The Order cannot be shipped to the Client address provided;

A duplicate Order was placed by the Client;

The payment information provided could not be processed;

At the Client’s request (at the sole discretion of Maureen McGrath Group Ltd); or

An event of Force Majeure that continues for 14 days (as further set out below under the heading Force Majeure)

9.4    Notice of Cancellation.  If your Order is cancelled, we will send an e-mail notice to the e-mail address you provided, explaining the reason(s) for the cancellation.

9.5    Billing.  You will not be billed for any cancelled Orders cancelled pursuant to section 9.3 of this Agreement. 

9.6    If you are interested in placing a new Order or if you have questions about a cancelled Order, please contact us.

9.7    Outside Canada.   All Products available for purchase in our Online Store are available throughout Canada and the United States, unless otherwise noted.

Returns.

10.1    Eligibility.  Your complete satisfaction is important to us.  You may return any Product (subject to the restrictions found in section 9.7 of this Agreement) shipped by Maureen McGrath Group Ltd, for a full credit or refund subject to the following:

You must return Product to us within thirty (30) days of delivery;

You may not return Product that has been opened or used unless the Product was damaged or defective prior to any such opening or use, as determined by us in our sole discretion, acting reasonably; and

Subject to the foregoing, all Products must be returned in good and like-new condition.

10.2    Return Fee.  We will provide free return shipping and handling if your return is the result of our error (damaged, defective, or incorrect Product, etc.), as determined by us, acting reasonably, which may be applied as a credit towards future purchases.  In all other cases, a return shipping and handling fee will apply.  All return shipping charges must be prepaid.  We do not accept ‘COD’ deliveries.

10.3    Returning Product.  If you wish to return Product(s) to us, please contact us to arrange for the Product(s) to be returned.

10.4    Damaged or Defective Product.  If you receive damaged or defective Product and you would like to return such damaged or defective Product, you must contact us by phone or via e-mail within five (5) days of delivery, and provide us with the Order number and Product number as well as your e-mail address and phone number.   If you do not contact us within five (5) days of delivery, you will be deemed to have accepted the Product and you cannot return damaged or defective Product.

Proprietary Rights.

11.1  The Services and any and all content and materials (including but not limited to all Maureen McGrath Group Ltd Products, logos, trade-marks,  and all other intellectual property) posted or otherwise described on or available through the Maureen McGrath Group Ltd Websites or otherwise created by Maureen McGrath Group Ltd or its licensors and associated with the Services (collectively, the “Content”) are owned by Maureen McGrath Group Ltd or its licensors, and are protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws).  For greater certainty, but without limitation, Maureen McGrath Group Ltd or its licensors own(s) and retain(s) all rights in the Content and no grant of ownership or license is granted to you.  Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute or export the Content, or create or cause to be created any derivative works based on the Content, in any manner and you shall not otherwise exploit the Content in any unauthorized way whatsoever.

11.2  Usage Rules.  You understand that the Services use a technology that protects digital information and that your use of the Services and materials and Content made available by or through the Services is subject to certain rules (“Usage Rules”) established by Maureen McGrath Group Ltd and its licensors and Content providers.  You agree:

to comply with such Usage Rules, as established by Maureen McGrath Group Ltd from time to time, and you agree to not violate, or attempt to violate, any of the Usage Rules.

to not attempt to, or assist another person in attempting to, circumvent, override, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.

that the Usage Rules may be controlled and monitored by Maureen McGrath Group ltd for compliance purposes, and Maureen McGrath Group Ltd reserves the right to enforce the Usage Rules with or without notice to you.

to not modify, or attempt to modify, any software provided, or otherwise made available to you, by Maureen McGrath Group Inc or any of its licensors or providers (the “Maureen McGrath Group Ltd Software”) in any manner or form, or to use modified versions of the Maureen McGrath Group Ltd Software for any purpose including obtaining  unauthorized access to the Services.

11.3  Any unauthorized reproduction, publication, exportation, further distribution or public exhibition of the Services or Content, in whole or in part, is strictly prohibited.  Maureen McGrath Group Ltd reserves the right to investigate and take appropriate legal action against anyone who, in Maureen McGrath’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:

activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;

forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services;

covering or obscuring the banner advertisements on any Maureen McGrath Group Ltd Website pages;

impersonating or attempting to impersonate another client, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

selling or otherwise transferring any of the Services;

exporting Products outside of Canada;

accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; and

using the Services in a manner inconsistent with any and all applicable laws and regulations.

11.4  No Resale.  You agree not to reproduce, duplicate, copy, sell, trade, distribute or exploit for any commercial purposes, any portion of the Services or the Content on any Maureen McGrath Group Ltd websites.

11.5  International Use.  Recognizing the global nature of the Internet, in addition to the foregoing, you agree to comply with all local rules and laws regarding online conduct and use of the Internet

11.6  Linking.  The creation and use of links to the Maureen McGrath Group Ltd Websites, and the creation and use of links by Maureen McGrath Group Ltd on the Maureen McGrath Group Ltd Websites, are governed by this Agreement, and specifically by Maureen McGrath Group Ltd Linking Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement.

Disclaimer and Limitation of Liability.

12.1  Your use of the Services is at your sole risk.

12.2  Any material downloaded or otherwise obtained or viewed through your use of the Services is done at your own discretion and risk and you are solely and entirely responsible for any damages which may occur as a result of same, including but not limited to damage to your computer system or loss of data that results from the download of any such material.

12.3  Maureen McGrath Group Ltd  makes no warranty that information, software and/or other material accessed or viewed using the Services will be free of viruses, bots, worms, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.

12.4  Maureen McGrath Group is not responsible for the conduct, whether online or offline, of any user of the Services.

12.5  Maureen McGrath Group Ltd and/or third parties may provide links to other Internet sites or resources.  Inclusion of any link or resource on the Services does not imply the approval or endorsement of Maureen McGrath Group Ltd.  When you access such sites or resources, you do so at your own risk. Maureen McGrath Group Ltd has no control over third party websites or resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by Maureen McGrath Group Ltd.  You expressly acknowledge and agree that Maureen McGrath Group Ltd is not responsible for the availability of such external sites or resources, and that Maureen McGrath Group Ltd does not endorse and is not responsible or liable for any content, advertising, products, opinions or other materials on, or available from or through such sites or resources. You further expressly acknowledge and agree that Maureen McGrath Group Ltd is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12.6  Maureen McGrath Group Ltd and/or third parties may create and/or otherwise provide advertisements and applications to you.Maureen McGrath Group Ltd takes no responsibility for third party advertisements or applications that are created and/or posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.  Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such advertiser. You agree that Maureen McGrath Group Ltd is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on the Services.

12.7  Maureen McGrath Group Ltd assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Client communication (whether via the Internet, telephone, “wireless” or any other method of communication).

12.8  Maureen McGrath Group Ltd  is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to you or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services.

12.9  Unless otherwise expressly set out herein, the Services and Products sold through our Online Store are provided “as-is” and “as available” and Maureen McGrath Group expressly disclaims any and all warranties, representations and conditions of any kind, whether express or implied, including but not limited to any/all implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. Maureen McGrath Group Ltd cannot guarantee and does not promise any specific results from your use of the Services or Products.

12.10      No advice or information, whether oral or written, obtained by you from Maureen McGrath Group Ltd or through the Services shall create any new warranty, representation or condition.

12.11      Maureen McGrath Group Ltd makes no warranty, express or implied, that:

  1. the Services or Products will meet your requirements
  2. the Services will be uninterrupted, timely, secure, or error-free
  3. the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or
  4. any errors in the services will be corrected.

 12.12      IN NO EVENT SHALL Maureen McGrath Group Ltd (or it’s affiliates, licensors, contractors and their respective employees) be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to damages for lost profit , goodwill, use, data, or other intangible losses (even if Maureen McGrath Group Ltd has been advised of the possibility of such damages), resulting from:  (i) the use or the inability to use the Services or otherwise access the internet or any part thereof; (ii) the use or the inability to use any Products; (iii) the disclosure of information by Clients to Maureen McGrath Group Ltd; (iv) any content posted on or through the Services (v) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (vi) unauthorized access to or alteration of your transmissions or data; (vii) statements or conduct of any other client or third party, whether online or offline; (viii) spyware, malware or viruses contracted from using the internet or otherwise through the Services; or (ix) any other matter relating to the Services or the Products.  Notwithstanding anything to the contrary contained herein, Maureen McGrath Group Ltd’ liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Maureen McGrath Group Ltd for the Services or Products sold to you through the Services.  In the event your jurisdiction does not allow the exclusion of the warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages, these provisions will be limited to the maximum amount prohibited by law.

  1. General.

13.1 Jurisdiction.  This Agreement shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, and the federal laws of Canada where applicable, without regard to conflict of law provisions.  You expressly agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia to resolve any dispute arising out of this Agreement or the Services.

13.2 Indemnity.  You indemnify and hold Maureen McGrath Group Ltd and its employees, subsidiaries, affiliates, directors, officers, agents, partners, licensors and their respective employees harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of Content and/or third party contact information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, and your violation of any rights of any others.

13.3 Independent Legal Advice.  You acknowledge having read, understood and agreed with all of the provisions of this Agreement and have agreed to the terms contained herein without any form of duress being exerted upon you and acknowledge having had the opportunity to obtain independent legal advice with respect to it.

13.4 No Waiver.  Maureen McGrath Group Ltd shall not be deemed to have waived the exercise of any right that it holds under this Agreement, at law or in equity, unless such waiver is made in writing.  No waiver made with respect to any instance involving the exercise or non-exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other such right.

13.5 Severability.  In the event any provision of this Agreement is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision or part thereof and the remaining terms and provisions of this Agreement remain in full force and effect.

13.6 Statute of Limitations.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.7 Force Majeure. Maureen McGrath Group Ltd shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or for any interruption in the Services resulting directly or indirectly from any act of God or the Queens’ enemies, a lawful act of a public authority, a delay or default by a common carrier, fire, explosion, power failure, flood, pandemic, epidemic, riot or civil disturbance, sabotage, accidents, insurrections, blockades, embargoes, storms, labour disputes, strikes or similar event, which cannot reasonably be foreseen or provided against.

13.8 Interpretation.  The division of this Agreement into sections, subsections, paragraphs and/or clauses and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement.  Each capitalized term has the meaning given to it in this Agreement.

13.9 Entire Agreement.  This instrument is the complete and exclusive agreement between you and Maureen McGrath Group Ltd, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject-matter of this Agreement. 

Please contact Maureen McGrath Group Ltd if you have any questions, comments or concerns regarding this Agreement by email at: Nursetalk@hotmail.com or mail: #102-1221 Lonsdale Ave, North Vancouver, BC

Maureen McGrath

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