Terms Of Use & Conditions

NOTICE FOR EU or UK USERS OF VRSUS.CA AND EU or UK CUSTOMERS OF VRSUS APPAREL INC.:

 

The Terms of Use and Privacy Policy incorporated as part of the Terms of Use for VRSUS Apparel Inc.’s website VRSUS.CA (“Terms & Policy”) has been updated with respect to European legislation in force as of May 25, 2018, referred to in the Terms & Policy as the “General Data Protection Regulation” or “GDPR”.

 

As an EU or UK user or customer, if you wish to continue to use this website (Vrsusgear.com) you must acknowledge that you have read and understood the Terms & Policy and that you consent to VRSUS Apparel Inc. (otherwise referred to herein as “ VRSUS”) using your personal information (data) in accordance with the Terms & Policy. If you are not sure you understand the Terms & Policy as written in the English language, we recommend that You obtain assistance to translate the Terms & Policy before providing your consent for VRSUS to collect your personal information/data. For any questions or inquiries regarding the collection and handling of personal information/data by VRSUS, please contact the representative identified in our Privacy Policy.

 

If EU users or customers elect to use the independently operated websites of distributors, which VRSUS has authorized to sell VRSUS® products in Europe, please be advised that these distributors of VRSUS® products should be contacted directly regarding their own terms of use and privacy policies. Vrsus does not receive, collect, or otherwise use personal information/data collected by its European distributors, and all queries related to distributor sites should be directed to the operators of those sites.

 

WEBSITE TERMS OF USE

 

IMPORTANT! YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE AND DO NOT OTHERWISE PROVIDE US WITH YOUR PERSONAL INFORMATION/DATA.

 

These Terms of Use (otherwise referred to as “Terms & Policy”) are an agreement between you ("You") and VRSUS Apparel Inc., its affiliates and related companies (individually and collectively “VRSUS”), for You to use Vrsus’s VRSUS.CA and VRSUSAPPAREL.CA websites (individually and collectively the “Website”) in exchange for Vrsus allowing You to access the Website and its features, and to purchase products and services provided by VRSUS in person or through the Website (collectively the “VRSUS® Products and Services”). By using the Website and/or the VRSUS® Products and Services, You agree to abide by the terms and conditions in these Terms of Use. If You do not accept the Terms of Use, then do not use the Website or purchase VRSUS® Products and Services. These Terms of Use, including, but not limited to the VRSUS Privacy Policy and the Website may change from time to time. While it is generally your responsibility to check for such updates, VRSUS will provide notice of updates as specifically set out in the Terms of Use, or as otherwise required by law.

 

PRIVACY

 

AT VRSUS our top priorities are making sure that your personal information/data is safe. Please review the VRSUS Privacy Policy, which further governs your use of the Website as part of our agreement under these Terms of Use.

 

VRSUS has no obligation to monitor the Website beyond what it may be required to do so in law. You agree, however, that VRSUS has the right to monitor the Website electronically from time to time and to disclose any information, in accordance with the VRSUS Privacy Policy, as necessary to satisfy any law, regulation, or other governmental request, to operate this Website properly, or to protect itself or its account holders. VRSUS also reserves the right to refuse to post or to remove any content, information, or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use.

 

LICENCE AND ACCESS

 

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Vrsus grants You a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Website and VRSUS® Products and Services. This licence does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website, any VRSUS® Products and Services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to You in these Terms of Use or any other service terms are reserved and retained by VRSUS or its licensors, suppliers, rights holders, or other content providers. No VRSUS® Products and Services, nor any part of any VRSUS® Products and Services or the Website, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Vrsus. You may not frame or use framing techniques to enclose any Trademark (as defined in these Terms of Use), or other proprietary information/content (including but not limited to images, text, page layout, or form) obtained from or made by VRSUS without express written consent. You may not use any metatags or any other "hidden text" using the VRSUS name or Trademarks without the express written consent of VRSUS. You may not misuse the Website or the VRSUS® Products and Services as further defined in these Terms of Use. You may use the VRSUS® Products and Services only as permitted by law. The licences granted by VRSUS terminate if You do not comply with these Terms of Use or any other service terms provided to you in connection with VRSUS® Products and Services.

 

VRSUS PRODUCTS AND SERVICES DESCRIPTIONS

 

VRSUS attempts to be as accurate as possible with its product and service descriptions. However, VRSUS does not warrant those descriptions of the VRSUS® Products and Services or other content related to VRSUS® Products and Services is accurate, complete, reliable, current, or error-free. If a product offered by VRSUS itself is not as described, your sole remedy is to return it in an unused condition. VRSUS reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time, and without prior notice, to its descriptions of the VRSUS® Products and Services, warranties and prices, for any reason whatsoever, including without limitation to address errors, product discontinuation, cost adjustments, changing market conditions or any other business or regulatory factors.

 

JURISDICTIONAL RESTRICTIONS

 

The Website can be accessed from anywhere worldwide where there is access to the internet and where the Website has not been blocked by a third party. You understand that, due to governmental restrictions in some areas, some or all of the VRSUS® Products and Services may not be available for purchase to persons or entities residing in certain jurisdictions or geographical areas. VRSUS reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any VRSUS® Products and Services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply. VRSUS does not represent or warrant that any VRSUS® Products and Services will be available for purchase by You through this Website, nor through the sites of its authorized distributors. Where jurisdictional limitations affect You and your ability to access VRSUS® Products and Services, You agree not to attempt to redirect VRSUS® Products and Services from other jurisdictions to You and acknowledge that any initiative on your part to do so may be unlawful and expose You to legal sanctions.

 

PRICING AND PAYMENT

 

Please note that VRSUS may not be able to confirm the price of an item until You order VRSUS® Products and Services. Despite the best efforts of VRSUS, a small number of the items in the VRSUS catalogue may be mispriced. If an item's correct price is higher than stated price, VRSUS will, at its discretion, either contact You for instructions before shipping or cancel your order and notify You of such cancellation.

 

You understand that You will have to provide credit card or other payment information (the “Information”) to VRSUS or its service providers to be able to purchase VRSUS® Products and Services. You represent that You have the authority to provide the Information and that the Information is or will be accurate and complete. VRSUS or its service providers will use the Information to charge You for any VRSUS® Products and Services that You ask to purchase. If You do not wish to provide the Information, VRSUS will not be able to process your purchase request.

 

All prices are subject to applicable state/provincial, federal, and harmonized sales and goods and services taxes, handling charges and shipping charges. All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, tariffs, customs, and duties, all of which shall be paid and provided for solely by You.

 

YOUR ACCOUNT & CONSENT

 

You represent and warrant that if you use the Website, You are of age according to the prescribed age of majority requirements where you reside and competent to set up an account with VRSUS, provide your consent as required by these Terms of Use and purchase products and services online (if you choose to do so) without the approval of another adult. If You create an account on or through the Website, You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or devices with which you access the Website. You agree to accept responsibility for all activities that occur under your account or password, even if you designate or authorize another individual to use your account to purchase VRSUS® Products and Services, or otherwise participate in programs and offerings that VRSUS advertises or makes available to the public.

 

Vrsus may, from time to time, sell VRSUS® Products and Services for children, but it sells them to adults who are the age of majority and who can purchase them with a credit card or other permitted payment method. If You have or care for a child under the age of majority according to the place of your residence, your child may only purchase VRSUS® Products and Services from this Website with your supervision and involvement as their parent or guardian. Vrsus reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in its sole discretion for any violation of the conditions relating to the use of your account.

 

By setting up an account with Vrsus or by consenting to the participation of others in any offerings or programs of Vrsus in connection with your account, You hereby consent to receive electronic communications regarding Vrsus, including any offers and advertisements by Vrsus, to the email address you provide where the provision of implied consent is permitted under the law where you reside. If You do not wish to receive such electronic communications, You should advise Vrsus as soon as possible following the establishment of your account and/or enrollment in an offering or program made available by Vrsus, by sending an e-mail to info@vrsus.ca.

 

In instances where positive consent is required by law for You to receive further electronic messages from Vrsus after setting up your account, you will be prompted to provide consent and if you refuse to do so, this may affect your ability to participate in offerings and programs made available by Vrsus. 

For additional terms and conditions regarding your account, please go to the part of these Terms of Use outlining the VRSUS® and the Privacy Policy.

 

SOCIAL MEDIA CONTENT COMPETITION

 

To enter, entrants must upload a photo of themselves to Instagram or Twitter wearing a VRSUS® product/apparel, using the hashtag #VRSUSEVERYONE, #VRSUS or tag @Vrsusapparel. Privacy settings for Instagram and Twitter accounts must be public for entries to be viewed and accepted, so please ensure You have read the terms of use and privacy policies of the providers of such accounts and have consented to such terms of use and privacy policies before proceeding to use your social media accounts to post photos of yourself.

 

Employees of Vrsus and their immediate families are ineligible to enter. Entrants may enter as many times as they like.

 

The "Promotion Period" begins on the first day of every month and ends on the last day of every month.

 

The prize winner will be notified with a comment on their eligible photo entry on Instagram by the 2nd business day of every month.

 

Vrsus assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications, line failure, theft, destruction, alteration, or unauthorized access to entries.

 

Vrsus’s decision is final, and no correspondence will be entered into. Prizes cannot be varied or exchanged for cash and are not transferable.

 

LIMITATION OF LIABILITY

 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION, THE PROVINCE OF QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF LIABILITY MIGHT NOT APPLY TO YOU IN WHOLE OR IN PART, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE VRSUS® PRODUCTS AND SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY VRSUS THROUGH THE WEBSITE AND THE VRSUS® PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. VRSUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE FITNESS FOR PURPOSE OF THE VRSUS® PRODUCTS AND SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH VRSUS® PRODUCTS AND SERVICES UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND VRSUS® PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND UNLESS OTHERWISE EXPRESSLY STATED BY VRSUS, VRSUS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS OF PRODUCTS AND SERVICES, INFORMATION, CONTENT, AND MATERIALS FOR A PARTICULAR PURPOSE. VRSUS DOES NOT WARRANT THAT THE VRSUS® PRODUCTS AND SERVICES, INFORMATION, CONTENT, MATERIALS, OTHER PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH VRSUS® PRODUCTS AND SERVICES, VIA POST, COURIER, GROUND OR AIR DELIVERY, ITS SERVERS, EMAIL OR BY OTHER ELECTRONIC COMMUNICATION/TRANSMISSION, ARE FREE OF DEFECTS, CONTAMINANTS, VIRUSES, MALWARE, SPYWARE, OR OTHER HARMFUL ELEMENTS/COMPONENTS.

 

Vrsus makes no representations whatsoever about any other third-party website or digital platform (“Third Party Site”) which You may access through this site. When You access a Third-Party Site, You understand and acknowledge that it is operated by a person or legal entity that is independent of Vrsus, and that Vrsus has no control over the content on any such Third-Party Site. In addition, a link to a Third-Party Site does not mean that Vrsus endorses or accepts any responsibility for the content, or the use, of such Third-Party Site. You are encouraged to review the terms of use and privacy policies of Third-Party Sites and it is your responsibility to take precautions to ensure that whatever You select for your use is free of such items as viruses, worms, trojans, and other items of a destructive nature.

 

VRSUS WILL NOT ASSUME ANY RESPONSIBILITY OR LIABILITY, WITHOUT LIMITATION, FOR ANY COMPUTER, TELEPHONE, CABLE, NETWORK, SATELLITE, ELECTRONIC, OR INTERNET HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, AVAILABILITY, OR GARBLED OR JUMBLED TRANSMISSIONS, OR SERVICE PROVIDER/INTERNET/WEBSITE USE (IN)ACCESSIBILITY OR (UN)AVAILABILITY, TRAFFIC CONGESTION, OR UNAUTHORIZED HUMAN INTERVENTION IN YOUR AFFAIRS OR WITH YOUR PROPERTY. VRSUS WILL ALSO NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ANY VRSUS® PRODUCTS AND SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OTHER PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR IN ASSOCIATION WITH VRSUS® PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

INDEMNITY

 

You agree to defend, indemnify, release and hold VRSUS (which includes its affiliates and related companies) harmless from any liabilities, costs, and expenses, including reasonable legal fees, related to the violation of these Terms of Use by You or users of your account, or in connection with the use of the Website, use of VRSUS® Products and Services or the placement or transmission of any information or other materials on the Website by You or users of your account, including but not limited to all claims resulting in connection with content You supply in your communication or engagement with Vrsus in any forum, medium or context.

 

RETURNS, EXCHANGES, REFUNDS, TITLE AND RISK OF LOSS

 

All items purchased from VRSUS are made under a shipment contract. This means that the risk of loss and title for such items passes to you upon VRSUS delivery to the carrier.

 

VRSUS does not take title to returned items until the item arrives at the VRSUS fulfillment centre. All returns and exchanges are to be done according to the VRSUS Returns & Exchanges policy, as may be amended from time to time.

 

COPYRIGHT NOTICE

 

All materials published or otherwise accessible through the Website including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the "Content") are protected by Canadian and international copyright laws and are owned or controlled by Vrsus and any others which may own the copyright or the party credited as the provider of the Content. All Website visitors and users shall abide by this copyright notice and all additional copyright notices, information, and restrictions contained in the Content. All Website visitors and users shall also abide by all additional copyright notices, information, and restrictions contained in any content accessed through the Website at Third Party Sites.

 

TRADEMARKS

 

The trademarks (word and service marks), logos and designs, domains, hashtags, other tags, icons and branding elements, including but not limited to, "VRSUS", "VRSUS APPAREL", "VRSUS.CA ", “VRSUSAPPAREL.CA” identifying or used in association with the products and services Vrsus offers (collectively the "Trademarks") as may or may not be displayed on the Website, are registered and unregistered Trademarks of Vrsus and others. Unless expressly permitted by Vrsus in writing, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website without the express written permission of Vrsus or such third party that may own the Trademarks displayed on the Website. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that Vrsus will aggressively fully enforce its trademark and other intellectual property rights of the law, including seeking civil remedies and criminal prosecution.

 

COMMUNICATIONS

 

When You use any VRSUS® Products and Services or send email to Vrsus, You are communicating with Vrsus electronically and you thereby consent to receive communications from Vrsus electronically. Vrsus will communicate with You by email or by posting notices on the Website or through other forums and platforms used to communicate regarding Vrsus Products and Services. You agree that all agreements, notices, disclosures, and other communications that Vrsus provides to you electronically satisfy any legal requirement that such communications be in writing.

 

In addition to its Social Media Content Competitions, Vrsus may, at its sole discretion from time to time, allow You and other users of the Website to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content You provide. Vrsus does not regularly review posted content but reserves the right to remove or edit such content, but without any obligation to do so unless required by law.

 

If You do post content or submit content to Vrsus (and you are under no obligation to do so), You grant Vrsus a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media, unless such a grant is prohibited by law. You grant Vrsus and sublicensees the right to use the name that You submit in connection with such content if they choose unless such a grant is prohibited by law. You represent and warrant that You own, have an unrestricted license with an unrestricted right to sublicense, or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate the Terms & Policy and will not cause injury to any person or entity. Vrsus has the right, but not the obligation, except where otherwise prescribed in law, to monitor, edit or remove any record of your activity or content You post about Vrsus, or VRSUS® Products and Services. Vrsus assumes no liability for any content posted by You or any third party.

 

#VRSUS, #VRSUSEVERYONE, other hashtags and tags Vrsus may, from time to time, encourage people to post photos and other content to third-party social media platforms (e.g. Twitter, Facebook, Instagram, etc.) displaying VRSUS® products and/or other content about or concerning Vrsus and “tagging” such content with Vrsus Trademarks such as #VRSUS or #VRSUSEVERYONE (collectively the “Vrsus Tags”). You have no obligation to post such content and should always consider the nature of any personal information/data You may include before publicizing content, even if only to a limited degree. Once publicized, you acknowledge and agree that such content posted by You, even if it contains personal information/data is not controlled by Vrsus. By posting such content to third-party social media platforms (i.e. Third-Party Sites) and tagging such content with Vrsus Tags, and subject to the terms and conditions of those Third-Party sites, you grant Vrsus the same rights to this content as to the content that you submit directly to Vrsus, make the same representation and warranties regarding said content as being compliant with these Terms & Policy and the terms of use and policies of the Third-Party Sites, and further agree to the same terms for the release of Vrsus from any liability and the indemnification of Vrsus, as outlined above.

 

In instances where the GDPR applies, You do retain the right to request a copy of the personal information Vrsus does control or has processed about you and have such information addressed by Vrsus’s Privacy Policy.

 

RECOURSE

 

If You are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Vrsus in operating the Website (i.e. the Terms & Policy), your sole and exclusive remedy, unless as may be otherwise expressly stated, or available in law, is to discontinue using the Website, and/or follow the process(es) which apply to your circumstances by the Privacy Policy.

 

GOVERNING LAW

 

These Terms of Use shall be governed by and construed by the laws of the province of Ontario and the applicable federal laws of Canada. In the event of a dispute, any formal actions shall proceed in a court of competent jurisdiction in Ottawa, Ontario. These Terms of Use expressly exclude the United Nations Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act (Ontario) as amended, replaced, or re-enacted from time to time. Unless otherwise prescribed by law, You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Vrsus related to the Website, the use of VRSUS® Products and Services or these Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against Vrsus.

 

MISCELLANEOUS

 

These Terms of Use, including any documents (e.g. policies and programs) referenced, constitute the entire agreement between Vrsus and You about the subject matter of these Terms of Use. Vrsus's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. Vrsus reserves the right to modify, supplement or supersede these Terms of Use at its sole option, at any time and without notice to You. These Terms of Use shall ensure to the benefit of and be binding upon the parties and their respective heirs, administrators, executors, successors and permitted assigns. The parties have requested that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

 

PRIVACY POLICY

 

At Vrsus Apparel Inc. (“Vrsus”) we know how important it is to protect your personal information/data. Whether You are shopping with us online or in person we want to make every customer experience safe and secure. In keeping with that goal, we have developed these Terms of Use, including the following Privacy Policy to inform you, among other things about how we collect, use and safeguard personal information/data collected from you in person or through VRSUS.CA (individually and collectively the “Website”), obtain your consent to do so and your rights to access and direct what happens to the personal information/data Vrsus collects. Other notices may be provided to You in respect of your personal information/data from time to time which flow from, expand upon, supplement, or notify you about revisions to this Privacy Policy.

 

For the information of U.S., EU or UK residents, Vrsus is governed primarily by the laws of Canada (including federal and provincial laws), which has been assessed by the European Commission or UK equivalent as providing adequate protection to the rights of individuals concerning personal information/data. Vrsus has taken additional measures to ensure this Privacy Policy and its practices are also compliant with the General Data Protection Regulation (“GDPR”) in force as of May 25, 2018, to uphold the rights and interests of EU or UK users of the Website and other U.S., EU or UK individuals it conducts business with through the Website or otherwise.

 

HOW CAN I CONTACT VRSUS?

 

Vrsus is a Canadian company selling products and services internationally.  It is responsible for all personal information/data under its control and does not control or process the personal information/data collected by its independently operated, authorized distributors.

 

Unless You are a U.S., EU or UK resident, if You have any questions, concerns or complaints about this Privacy Policy please contact Vrsus as directed below.

 

Vrsus Apparel Inc.
Attention: Privacy Manager
3985 Chesswood Drive
Toronto, Ontario. M3J 2R8
Canada
info@vrsus.ca

 

For EU or UK residents, by the GDPR, please contact our appointed representative in Europe, Data Protection Representative Limited (trading as DPR Group). The DPR Group has addresses in each of the EU countries including the UK. For more information on how to contact the DPR Group please consult the following linked documents available for download:

 

How to contact Vrsus Apparel Inc. through their Data Protection Representative and listing of DPR Group Addresses in the EU

 

For this Privacy Policy reference to contacting Vrsus in respect of a request regarding your personal information/data is understood to also encompass contacting Vrsus’s representative in the EU or UK as appropriate for the circumstances. Responses to your communication and/or investigations regarding your concerns will be made as quickly as possible and in all cases within prescribed time periods as may apply in the jurisdiction where you reside.

 

You also have the right to make a complaint to government-established privacy commissioners and data protection supervising authorities at any time. Vrsus welcomes, however, the opportunity to directly, or through its appointed representative resolve any concerns you may have under this Privacy Policy in the first instance.

 

COLLECTION AND USE OF PERSONAL INFORMATION/DATA

 

At Vrsus, two types of information us collected: personal information/data and non-personal information/data. In the case of personal information/data you consent for Vrsus to collect, use, and maintain, it is important that this information is accurate and up to date. Accordingly, please advise Vrsus of any changes to your personal information/data so that we can address your inquiries and always comply with our obligations to you under this Privacy Policy.

 

With your consent, we may use your personal information/data for several different purposes, for example to:

 

1. fulfill legal requirements imposed by law or regulation.

 

2. fulfill requests for products, and information and provide customer services.

 

3. administer contests or promotions.

 

4. offer new products and services.

 

5. measure and improve the effectiveness of our Website or our marketing endeavours; and

 

6. tailor our online or on-site offerings to your preferences.

 

 

The type of personal information/data that Vrsus typically collects includes your name, address, phone number, and email address, as well as other information you voluntarily provide. Vrsus may also learn other personal information/data about you because of your communication with Vrsus through the Website or on social media, such as your product interests and purchasing preferences. You can always choose not to provide us with any of your personal information/data, ask Vrsus to stop using your personal information/data whether it is collected through the Website or social media and even ask to have your personal information/data removed from our records. If, however, you make this choice we may not be able to provide you with the product, service, or information that You request.

 

Vrsus may also collect and summarize the personal information/data in a format that no longer identifies the individual for statistical purposes. This and other non-personal information/data is information, which is stored and accessed by Vrsus for a particular purpose and does not identify you as an individual. For example, Vrsus uses postal code information we collect removed from the specific addresses of customers to assist us with planning our advertising and promotional efforts. In other instances, Vrsus may derive aggregated data from personal information/data which does not directly or indirectly reveal your identity.

 

Vrsus does not request or seek to collect any sensitive or special categories of personal information/data about You, such as information about your health, genetic and biometric make-up, criminal and offence records, race/ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, and trade union membership. Vrsus recommends that when participating in programs and other offerings using social media or offering your reviews and opinions regarding VRSUS® Products and Services, You exercise care not to include sensitive, personal information/data in your commentary. If you do provide such information/data of your own volition through the Website, such information/data will be removed from Vrsus’s records.

 

In no event will your personal information/data be used or disclosed for any purposes other than those for which we collect it, as explained in this Privacy Policy, except with your consent, or as required by law.

 

YOUR IMPLIED CONSENT

 

In some cases, your consent is implied if we ask You to provide personal information/data to purchase or access VRSUS® Products and Services. For example, we can only deliver the product You have purchased if You provide us with your address and phone number.

 

YOUR EXPRESS CONSENT

 

In situations that do not relate to a specific product or service You have requested, we will ask You to give your express consent to use your personal information/data, for example, to advise You of products or services that may be of interest. You do not need to provide your consent in these instances to purchase or access VRSUS® Products and Services you request.

 

WITHDRAWING YOUR CONSENT

 

If you have "opted in" or subscribed to one of Vrsus’s newsletters or mailing lists, we will always provide you with the opportunity to "opt-out" or unsubscribe. For example, each email we send you will tell you how to decline further e-mail.

 

INFORMATION VRSUS COLLECT FROM YOU

 

Listed here are some examples of personal information/data collection and use by Vrsus:

 

ON-SITE/IN-PERSON PURCHASES

 

When You purchase a VRSUS® Product or Service on-site, You may need to provide us with contact and payment information (such as credit card information) so that we can process your request. Examples of when we need contact information include for the delivery of products (e.g. by mail or courier), product returns and rebate requests. If we collect this information, we may also ask for your consent to use this information to send You promotional information on products and services.

 

OUR WEBSITE

 

While using the Website, You may be asked to voluntarily provide certain personal information/data (such as your name, email address, postal address, telephone number, or credit card information). We use this information to complete your transaction and to provide access to certain special features and functions of the Website. If You choose not to provide requested personal information/data, You will not be able to use certain features of the Website and you will not be able to engage in transactions through the Website.

 

With any of the services on Vrsus’s Website, we may also use your personal information/data to contact and correspond with You and to respond to your inquiries. With your express consent, we may send to You, from time to time, email or other communications regarding products or services we believe will interest You.

 

SIGN UP FOR NEWSLETTERS AND RECEIVE UPDATES

 

Vrsus also offers an e-newsletter and updates regarding its offerings. You can choose to subscribe to receive this information by visiting the Website or when connecting with Vrsus at a special event. To enroll, we will collect your contact information (such as name and email address). In this context, your personal information/data will only be used to send you the newsletter and/or information You have consented to receive from Vrsus.

 

TEXT MARKETING AND NOTIFICATIONS

By subscribing to text notifications, you agree to receive recurring automated marketing messages at the phone number provided. Consent is not a condition of purchase.

If applicable - By entering your phone number in the checkout and initializing a purchase, you agree that we may send you transaction-based text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 10 per month.

You can unsubscribe from further text messages by replying STOP. HELP for help. Message and data rates may apply.

 

PARTICIPATION IN PROGRAMS, CONTESTS, AND OTHER PROMOTIONS

 

Vrsus may offer programs (e.g. Rewards Program), contests, ask You to participate in surveys linked to offered benefits and other promotions ("Promotion") through the Website, in stores or through one of our social media pages that may require registration. By participating in a Promotion, You are agreeing to the official guidelines or rules that govern that Promotion, and which may contain specific requirements of You, including, allowing the sponsor of the Promotion to use your name, voice and likeness in advertising associated with the Promotion. If you choose to participate in a Promotion, personal information/data may be disclosed to third parties or the public in connection with the administration of such Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winner's list.

 

WEBSITE USAGE DATA VRSUS COLLECTS

 

Like many other websites, we may elect to automatically collect certain technical website usage data, directly or indirectly through service providers, such as the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time You access the Website, the Internet address of the website from which You linked directly to the Website, the operating system You are using, the sections of the Website You visit, the Website pages read and images viewed, and the content You download from the Website.

 

Such information may in some contexts be considered personal and used to bring to your attention offerings that may interest You according to your preferences (as may be derived from the Website usage data collected) and in other instances could be considered non-personal information/data used for Website and system administration purposes, and to improve the Website for general usage.

 

COOKIES

 

The Website uses "cookies", a technology that installs a small amount of information on a Website user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize You as a previous user of the Website (so you do not have to enter your billing information every time), to offer personalized webpage content and information for your use, to track your activity at the Website, to respond to your needs, and to otherwise facilitate your Website experience (e.g. purchases through Vrsus’s online store) and comply with legislation governing Vrsus’s ability to offer or restrict access to the Website and VRSUS® Products and Services. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website.

 

TRACKING INFORMATION

 

Vrsus may use non-personal information/data to compile tracking information reports regarding Website user demographics, Website traffic patterns, and Website purchases, and then provide those reports to advertisers and others. None of the tracking information as generated in the reports can be connected to the identities or other personal information/data of individual users. Vrsus may also link tracking information with personal information/data voluntarily provided by Website users. Once such a link is made, all the linked information is treated as personal information/data and will be used and disclosed only in accordance with this Privacy Policy.

 

In all cases, personal information/data will only be used for the purposes for which it was collected, and You always have the option to request that we cease to use your personal information/data for a given purpose.

 

LINKS TO OTHER WEBSITES

 

Our Website may contain links to other websites, online platforms, or other Internet resources. When You click on one of those links You are contacting another entity or service provider (third party) who controls that website or Internet resource independent of Vrsus. Vrsus assumes no responsibility or liability for, or control over those other websites, platforms, or Internet resources (“Third-Party Sites”), or their collection, use and disclosure of your personal information/data.

 

We encourage You to read the privacy policies of Third-Party Sites to learn how they collect and use the personal information/data they collect about You.

 

DOES VRSUS DISCLOSE THE INFORMATION IT COLLECTS?

 

Vrsus does not sell your personal information/data. However, we may share your information with third parties acting on our behalf (e.g. service providers) or as permitted or required by law.

 

Vrsus may receive your personal information/data from or share it with certain service providers to facilitate the sale of products and services, ship or otherwise provide products and services to You, verify, validate, manage, and communicate information, and address customer service matters. This sharing of information may also entail the export of information/data from where You reside or input the information to another jurisdiction. In the event of information/data transfer, we will take steps in line with our legal obligations to ensure the transfer is to a service provider subject to laws and regimes that have achieved the recognition or approval of official bodies who assess the adequacy of information/data protections in other jurisdictions (e.g. European Commission recognition and participation in the US-EU Privacy Shield).

 

Service providers may perform a variety of functions including product shipping, information technology support, online payment, and Rewards Points (e-commerce) system management, newsletter, and social media feed distribution, to name a few. To reduce the risk of fraud or misuse of personal information/data, Vrsus may also verify your personal information/data, including but not limited to your address and credit card information, with the assistance of third-party service providers.

 

We will use commercially reasonable efforts to ensure that your personal information/data is used in a manner that is consistent with this Privacy Policy and compliant with applicable laws. While we cannot in all instances control how a service provider processes personal information/data we use, export into our systems or provide to other service providers, if we discover that a service provider may not be operating in a manner consistent with this Privacy Policy we will clarify with that provider Vrsus’s concerns, seek to have any necessary adjustments made and/or reserve the option to cease working with a given provider and engage others instead.

 

If You do not wish Vrsus to provide your personal information to its service providers, we may be unable to process your transactions with Vrsus.

 

INFORMATION YOU DISCLOSE PUBLICLY OR ON SOCIAL MEDIA

 

If You create and/or publicly submit ideas, photographs, videos, audio recordings, questions, comments, suggestions, product reviews, or other content containing personal information/data, on the Website, blogs and message boards, social media channels and other public forums whether or not they are in whole or in part controlled by Vrsus (individually and collectively, "User Content"), such User Content may be stored, displayed, republished, distributed or otherwise used online or offline in any media or format and may or may not be attributed to You. Others operating Third Party Sites may have access to User Content and may have the ability to share it with third parties.

 

Please note that Vrsus does not control who will have access to information that you choose to make public and cannot ensure that third parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that You make publicly available on the Website or what third parties do with the information/data you share with them. As such, we always recommend You apply discernment with respect to the User Content You post, be aware of whether You are posting User Content publicly in each context and inform yourself of Third-Party Site terms of use and policies before publicly posting User Content.

 

By connecting with the Vrsus brands through our social media pages or accounts, or by posting User Content using Vrsus-created hashtags or other identifiers, You are providing your consent for Vrsus to use any personal information/data (including your name, voice and likeness) or other content you submit or make available through such sites for marketing and promotional purposes, including, but not limited to, incorporation into our marketing materials, without further notice or compensation.

 

LEGAL DISCLOSURE

 

Vrsus may disclose your personal information/data without your knowledge or consent in the following situations:

 

1. to a lawyer representing the organization.

 

2. to collect a debt, You owe to the organization.

 

3. to comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction.

 

4. to the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as required by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

 

5. to a government institution that has requested the information, identified its lawful authority to obtain the information, and indicates that disclosure is for the purpose of enforcing, carrying out an investigation, or gathering intelligence relating to any federal, provincial or foreign law; or suspects that the information relates to national security, the defence of Canada or the conduct of international affairs; or is for the purpose of administering any federal or provincial law.

 

6. to an investigative body named in any statute or regulation, or government institution on the organization’s initiative when the organization has reasonable grounds to believe that the information concerns a breach of an agreement, or a contravention of a federal, provincial, or foreign law, or suspects the information relates to national security, the defence of Canada or the conduct of international affairs.

 

7. if made by an investigative body for the purposes related to the investigation of a breach of an agreement or a contravention of any law.

 

8. in an emergency threatening an individual’s life, health, or security (the organization must inform the individual of the disclosure).

 

9. for statistical, scholarly study or research (where permitted by law and in accordance with any prescribed requirements for doing so, e.g. as may be set by a government Privacy Commissioner or Supervising Authority before disclosing the information);

 

10. if it becomes or is legally deemed to be publicly available information/data and is not otherwise protected by law.

 

11. where the legitimate interests of Vrsus are involved and are not outweighed by your rights in a particular casein any other circumstances prescribed by the laws applicable to where You reside.

 

HOW DOES VRSUS PROTECT INFORMATION?

 

The security of your personal information/data is a high priority for Vrsus, while it is in our possession. Vrsus will maintain appropriate safeguards and current commercially acceptable security standards to protect your personal information/data, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse. Vrsus will also take commercially diligent steps to help continue to safeguard your personal information/data that we may transfer to a third party for processing, including but not limited to contractual and technological measures.

 

In the event of a breach of Vrsus’s systems or the systems of our service providers compromising your personal information/data, we will assess the situation as soon as we become aware of the breach and take the appropriate steps required to contain and minimize the extent of the breach, advise You as appropriate and others as required by law, including but not limited to reporting the breach to authorities (e.g. Privacy Commissioner of Canada and applicable Supervising Authority in Europe).

 

HOW CAN I ACCESS AND VERIFY MY INFORMATION?

 

You can ask to review and update any of the information that we have retained, learn how we have used it, and to whom we have disclosed it, at any time, by contacting us at service@Vrsusgear.com with your specific requests. If You are resident in the EU or UK you should contact our representative in the EU or UK, the DPR Group as provided for in this Privacy Policy. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity (which may require disclosure from You of additional personal information/data to Vrsus), You will be given reasonable access to your personal information/data and will be entitled to challenge the accuracy and completeness of the information, to have it amended as appropriate, or request to have it removed (and/or transferred) from Vrsus’s possession entirely. You can also ask Vrsus to change your preferences regarding how we use or disclose your information or let us know that You do not wish to receive any further communication from Vrsus.

 

In general, there will be no fees associated with requests You make to access and direct the management of your personal information/data. If a request is more onerous than expected, Vrsus will advise You of any associated costs and ask You to confirm your request/instructions.

 

We will respond to all legitimate requests as soon as practicable.  If You feel we are taking too long to address any inquiries, please contact us at the same email you originally sent your request to and copy your follow-up communication to: info@vrsus.ca. 

 

WHEN IS MY INFORMATION REMOVED?

 

Vrsus keeps your personal information/data only as long as needed to manage its legitimate interests, such as but not limited to providing you with continued service, advising You of its products and services, or meeting any legal requirements. Vrsus follows retention standards that meet these requirements in accordance with applicable legislation and destroys information when it is no longer needed or converts personal information/data into non-personal information/data.

 

You can also request to have your personal information/data removed from our records, subject to legal entitlements or requirements for continued retention of your personal information/data. For example, this may arise in connection with a verifiable government authority request, or warranty purposes, but Vrsus will honour your request compliant with applicable law, such as the GDPR for EU or UK users of the Website.

 

WILL THE TERMS & POLICY CHANGE?

 

To accommodate changes in Vrsus’ offerings, technology and legal developments, the Terms & Policy may be revised from time to time. We may add, change, or remove portions of the Terms & Policy when needed and when otherwise, Vrsus, in its sole discretion, considers it appropriate to do so. Whenever Vrsus undertakes such updates, the date on the Terms & Policy will also be updated to indicate when the changes were made and notifications will be sent to You as Vrsus deems appropriate, without obligation to do so unless required by law.

 

VRSUS. EVERYONE!