VYYKN TERMS AND CONDITIONS OF PURCHASE
THE TERMS AND CONDITIONS SET OUT BELOW ARE THE TERMS AND CONDITIONS APPLICABLE TO ANY SUBSCRIBER TO VYYKN WATER SYSTEMS, INCLUDING WITHOUT LIMITATION, ALL WATER OPTIONS AND SUBSCRIPTION OPTIONS. IN THESE TERMS ANDCONDITIONS, “WE”, “US”, OR “OUR” MEANS VYYKN INC.
BY PURCHASING YOUR VYYKN BOTTLE (“BOTTLE”) AND MEMBERSHIP SUBSCRIPTION (“MEMBERSHIP”), (COLLECTIVELY THE “SUBSCRIPTION”), AND BY RECEIPT OF THIS SUBSCRIBER CONTRACT AND ELSEWHERE ON VYYKN.COM, YOU AGREE TO COMPLY WITH ALL THE TERMS AND CONDITIONS SET OUT BELOW. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE TERMS AND CONDITIONS SET OUT BELOW AND ANY RULES, POILCIES OR GUIDELINES POSTED ELSEWHERE ON VYYKN.COM, THE TERMS AND CONDITIONS SET OUT BELOW SHALL GOVERN AND CONTROL.
- Your new Vyykn water bottle is made from stainless steel.
- Hand-wash all parts in warm, soapy water prior to use.
- Hand-wash only. Do not use bleach or cleansers containing chlorine to clean. Do not wash in dishwasher.
- Do not put any part of the Vyykn bottle in the microwave. Do not heat or freeze any part of the Vyykn bottle. The wall of the bottle can become very hot or very cold and could cause injury.
- Vyykn bottle is intended for use with water from Vyykn machines only. Do not put hot water inside the bottle as it can cause the wall of the bottle to become hot.
- Do not expose bottle to extreme temperatures.
- Subscription Options
- Volume Restrictions Basic and Value-Added Plans limit the subscriber to 4 liters of water per day. There is a 10 minute delay between each liter dispensed.
- Purchase of Subscription. The Subscriptions offered by us are available for purchase by you, subject to certain supply and volume limitations. You agree to provide us with all information, including credit card information, required to complete the transaction of paying for your subscription.
- Eligibility and Responsibility. If you purchase any Subscription, you are the individual user of such Subscription and shall be solely responsible for all obligations in these Terms and Conditions. Subscriptions may be purchased only for end use and you agree not to resell any Subscription.
- Fees. You agree to pay all fees and charges in connection with the purchase and use of Subscriptions, including, but not limited to, applicable tax, replacement bottle fees, shipping and handling where applicable, subscription fees, value added water fees, and any other fees, charges or costs that arise out of Subscriptions (collectively, the “Charges”) in advance of or on the established due dates and to pay interest on all overdue Charges as specified in the Terms and Conditions. If your Bottle is lost, damages, or stolen, you will be responsible for all associated replacement fees, including shipping and handling where necessary.
- Payments. You authorize us to charge purchases and ongoing charges to the credit card that you provide when you purchase any Subscription. The subscription expires after one year and you will be required to renew your membership through Vyykn.com. If your payments are not received before the next billing date for monthly Subscription payments, you agree to pay interest at a rate of 1.5% on all due and unpaid amounts. If your payments are not received by the second billing date, you agree your water access shall be cancelled until the entire amount due, plus interest is paid. Restarting service after receipt of payment can take up to 24 hours. Your one year subscription term continues to run during any time water access is denied for any reason.
- You agree to provide an active email account for billing purposes. You understand we will not send a paper bill, and all bills, promotions, late notices, or other communications shall only be available through email notification.
- Acceptance. By accepting delivery of the Bottle, you acknowledge the Bottle has been delivered in an acceptable condition.
- RFID Tags. You agree you have no property right in the RFID tag number assigned to you in connection with any purchased Subscription and we may change any such number without any liability.
- Use of Subscription. The Subscription is provided to you through various locations (the “Facilities”). The locations where you may access your Subscription services may be increased or reduced in number in our sole discretion. You agree that we can, for any reason, in our sole discretion, suspend, restrict, modify, expand or terminate any Facility location, or to make changes to the Subscription services provided at those Facilities without notice and without any liability.
- Confidentiality of Customer Information. Unless you consent in writing or disclosure is pursuant to a legal power, all information kept by us, is considered as confidential and may not be released by us to anyone other than:
- You or your agent;
- At your request to a company providing services or products of interest to you through a promotion offered by us;
- An agent retained by us to collect outstanding balances owed to us by you, or to perform other administrative functions for us, provided that the information is released solely for those purposes;
- Our agents, dealers, or related companies; or
- To a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities directed against us.
- Term. The agreement created by your Subscription shall commence on the receipt of the Bottle and activation of your Subscription services and shall continue for one year. You acknowledge that this initial term cannot be cancelled by you. If you choose to terminate the agreement prior to acceptance of the Terms and Conditions, your subscription fee of $9.99 shall be refunded, but the bottle, and the bottle purchase price of $20.00 is non-refundable. Upon expiration of the initial term, you will receive an email at your email address provided, and will be reminded of the need to renew your Subscription. Upon renewal of you Subscription, these Terms and Conditions shall be automatically renewed for the length of the renewal period.
- Vyykn makes no warranties or representations about the accuracy or completeness of Vyykn.com’s website contents or the content of any site or sites "hot linked" to this site. Neither Vyykn nor any of its affiliates shall be liable for any direct, incidental, consequential loss of income, physical harm, indirect or punitive damages arising out of access to or use of any content of this site or the content of any site or sites "hot linked" to this site.
- Changes. Vyykn may change the Terms and Conditions from time-to-time. If such a change is made, Vyykn will post the revised Terms and Conditions on Vyykn.com. Vyykn reserves the right to add to or change Vyykn.com at any time and without liability.
- Video. You acknowledge and allow us to stream video on the screens on Vyykn Machines, take video on cameras installed on Vyykn Machines, and interact through screens at any time and for any reason.
- Termination. If we are prevented from providing any portion of the Subscription services by any law, regulation, requirement notice or ruling issued in any form whatsoever by judicial or government authority, or decide to cease offering the Bottles and Subscriptions, you acknowledge and agree that we may immediately cease providing the Bottles or Subscriptions without any liability to you.
- Indemnification. To the maximum extent permitted by law you shall defend and indemnify us, Vyykn, and our and its affiliates, agents, successors and assigns from any claims, damages, losses or expenses (including without limitation reasonable legal fees and costs) incurred by any such parties in connection with all claims, suits, judgments, and causes of action in connection with any Bottles and/or Subscription services or the Facilities; injury, death or property damage arising in connection with the presence, use or non-use of the Bottles and/or Subscription services; for any breach of these Terms and Conditions; or for your use of Vyykn.com, the content contained in Vyykn.com and the placement or transmission of any information or other materials on Vyykn.com made by you or others using your account.
- Liability. WE, AT VYYKN INC., AND OUR DIRECTORS, OFFICERS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO YOU, ANY USER OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSSES RESULTING FROM A THIRD PARTY'S UNAUTHORIZED ACCESS TO DATA, LOSS OF BUSINESS, PERSONAL INJURY OR LOSS OF LIFE RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF ANY OF THE BOTTLES AND/OR SUBSCRIPTION SERVICES OR THE FACILITIES, WHETHER OR NOT SUCH DAMAGES OR LOSS, PROPERTY DAMAGE, INJURY OR LOSS OF LIFE RESULTS FROM A BREACH OF OBLIGATION OR CONTRACT (WHETHER OR NOT SUCH BREACH IS CONSIDERED TO BE FUNDAMENTAL), OR FROM NEGLIGENT, TORTIOUS OR DELICTUAL CONDUCT OF US, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, DEALERS, SUPPLIERS OR MANUFACTURERS. FURTHERMORE, IN NO EVENT SHALL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER OR HOSOEVER CAUSED; OR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE PRODUCTS AND/OR SERVICES.
- Limited Warranty. YOU ACKNOWLEDGE AND AGREE THAT THE ONLY WARRANTY APPLICABLE TO ANY PRODUCTS PURCHASED AND ANY SERVICES BEING SUBSCRIBED FOR PURSUANT TO THESE TERMS AND CONDITIONS, IS THE LIMITED WARRANTY SUPPLIED BY THE MANUFACTURER FOR THE BOTTLE. YOU ACKNOWLEDGE AND AGREE THAT WE MAKE AND YOU RECEIVE NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SUBSCRIPTION SERVICES, BOTTLES OR THE FACILITIES.
- Information on Vyykn.com. Information provided on Vyykn.com contains information, references and/or cross references to us and our Bottles and Subscription services that may not be available in your local area and we make no representations or warranties as to the availability of such Subscriptions in your local area and such references do not imply that we and or related companies intend to provide such Subscriptions in your local area. We recommend that you consult with Vyykn.com for information regarding the Subscriptions which may be available to you in your local area. The inclusion of any information, material, content or links on Vyykn.com should not be construed as an express nor an implied endorsement of any third party products and/or services.
- Arbitration. Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing,
present or future) arising out of or relating to:
- These Terms and Conditions;
- a Product, Subscription or Service;
- oral or written statements, or advertisements or promotions relating to these Terms and Conditions or to a Product or Service; or
- the relationships which result from these Terms and Conditions (including relationships with third parties who are not signatories to this agreement) (each, a "Claim"), will be referred to and determined by arbitration (to the exclusion of the courts). By so agreeing, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against us otherwise commenced.
If you have a Claim you should give notice to arbitrate to us c/o Vyykn Inc. 1125 East State Street, Boise Idaho, Attention President and General Counsel. If we have a Claim we will give you notice to arbitrate at your address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate."
- General.(a) Entire Agreement. These Terms and Conditions constitute the entire understanding between the parties with respect to the subject matter thereof and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, affecting the Terms and Conditions which are not expressly set forth herein. (b) Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Idaho. (c) Waiver of Default. Waiver by either party of any default by the other party shall not be deemed a continuing waiver of such default or a waiver of any other default. (d) Survival. The Terms and Conditions and warranties that by their sense and context are intended to survive the performance hereof by either or both parties hereunder shall so survive the completion of performance, cancellation or termination of these Terms and Conditions. (e) Severability. If a provision of these Terms and Conditions shall be invalid or unenforceable, such provision shall be severed from these Terms and Conditions and the remaining provisions shall remain valid and enforceable.
Basic Plan (includes bottle): PURE water only $29.99 for one year.
Value-Added Plan (requires purchase of Basic Plan subscription): $39.99 for one year, or $5.00 per month.
You understand that if you choose not to accept the above Terms and Conditions that the RFID tag on bottle will be immediately deactivated. The bottle is non-refundable, with a retail price of $20.00. The $9.99 subscription price will be refunded to the account provided at the time of initial bottle purchase.