Terms & Conditions
Last Update: July 7, 2020
In these Terms & Conditions the following expressions shall have the following meanings:
- ‘the Company’ means Quanovate Tech Inc;
- ‘Goods’ means the articles described in the Contract;
- ‘the Buyer’ means the person or company who makes the Contract with the Company, whether directly or indirectly;
- unless otherwise stated ‘Company’s Premises’ means the Company’s offices at 4637 Chabot Dr, Suite 230, Pleasanton, CA 94588, USA;
- ‘the Contract’ means the items sold via the ‘Cart’ on the Company Websites, these Conditions of Sale, and any other written document where an agreed price has been paid by the Buyer;
- ‘Company Websites’ means www.miracare.com;
The Buyer understands that by ordering the Goods, they agree to be bound by these terms and conditions.
- The Buyer understands that the accessories and contents of the packaging, other than the form and function of the Mira Fertility tracker, are subject to change from time to time; and that the accessories may vary from those shown on the website at the time of order.
- These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other conditions shall continue in full force and effect.
- The information provided on the Company Websites is for information purposes only and is not a substitute for professional medical advice. Such advice should always be sought before the personal use of the Goods, or in the case of concerns regarding the use of the Goods. Quanovate Tech Inc is not responsible or liable, directly or indirectly for any form of damages whatsoever resulting from the use, misuse, or reliance on information contained in or implied by the information on its websites or information obtained from Goods.
- The Buyer understands that the Mira Fertility App and user instructions are currently available in English, users must have a good understanding of the English language to use the product.
- The Buyer understands that the testing data (‘Results’) stored in the Mira Fertility App are uploaded in an encrypted format and stored in a secure database. The Buyer understands that the Results will be held separately from the billing and shipping address, and any payment details, but for identification may contain user information such as email address, Analyzer serial number, and subscription code. The Company will store the Results indefinitely but reserves the right to archive data in the future for Buyers that have been inactive for more than (10) ten years. The Buyer agrees that the Results can be used by the Company for scientific research or product development, but that they will remain anonymous in any materials shared outside of the Company.
- From time to time, the Company will send out customer and research surveys which shall be answered by the Buyer voluntarily. Where the survey forms part of an approved clinical study the Buyer will be informed appropriately. The Buyer understands that the Answers from these surveys will be held separately from the billing and shipping address, and any payment details, but for identification may contain user information such as email address, Analyzer serial number, and subscription code. The Company will store the Answers indefinitely but reserves the right to archive data in the future for Buyers that have been inactive for more than (10) ten years. The Buyer agrees that the Answers from these surveys can be used by the Company for scientific research or product development, but that they will remain anonymous in any materials shared outside of the Company.
- The Buyer has the “right to be forgotten” under GDPR regulations. Should the Buyer wish to remove their data from any of the Company’s databases they should write to the Company using the website contact form stating which information is to be removed.
- The Mira Fertility App has functionality allowing the Buyer to share their charts and message information (‘Shared Information’) with other parties (‘Viewers’) by sending this information from the Mira Fertility App. The Buyer understands that the sharing of this information is entirely at the Buyer’s discretion and the Company shall bear no responsibility for such Shared Information howsoever it is interpreted or used by the Viewers. The Buyer understands that by sending an invitation to a Viewer, the Viewer shall on acceptance of the invitation also become bound by these Terms and Conditions.
- The Company and its authorized distributors acting on its behalf reserve the right to alter product specifications at any time after initial delivery without prior notice to the Buyer. Where practicable the Company will offer an alternative product with the same or enhanced functionality.
- The images of the App interference shown on the website may include features and designs of a future release, and may not reflect those of the current App version.
- Each user of the service (a “user”) uses the products and services at the user’s sole risk. This means that:
- A user may get pregnant when using the products and services even if the user’s purpose for using the products and services is for family planning.
- There is no guarantee that the use of the products and services will assist a user in getting pregnant.
- A user may or may not successfully discover a pattern that leads to a diagnosis of potential illness or disease with the use of the products and services.
- All information is input by you and you are solely responsible for the interpretation of your information.
- Certain information provided through the service may involve discussion of reproductive anatomy and/or sexual acts and therefore may not be appropriate for all users. If you are offended by material of a sexual nature, including information about conceiving or family planning, or discussion of reproductive anatomy then you should not use the products and services
- All orders shall be confirmed in ‘writing’ either by direct action on the company websites or by a confirmation email.
- No quotation shall be binding on the Company until the price is paid in full by the Buyer, and the order is confirmed in writing by the Company.
- The payment process is managed for the Company by Shopify, PayPal, Shop Pay, Google Pay, and Amazon Pay. They are all well-known secure payment gateways. Therefore, the Buyer can be assured that they are safe to use.
- The Buyer shall retain ownership of all Results, and the ability to view past data in the Mira Fertility App. It is the Buyer’s responsibility to maintain the current version of the Mira Fertility App, and in the case of changing mobile device to load the data onto the new device using downloading the current version of the Mira Fertility App and logging in with prior user details.
- The Buyer understands that the Mira Fertility product is a regulated medical device, the Mira Analyzer and Mira Test Wands are non-returnable and non-refundable. For damaged or defective products that are covered by our one-year limited warranty described below, please contact us at firstname.lastname@example.org.
Refund & Return Policy
- The Buyer can cancel the order until it shipped with a full refund. Once order ships, the Company is no longer able to cancel it.
- If the Buyer wants to return the products after it is shipped and before opening the box, please contact the Mira Support team within 10 days after the product is shipped. The Buyer should keep the original packaging, store the products in a dry environment between 4 ° to 30 °C (39 ° to 86 °F), and keep it away from direct sunlight.
- To request a return, the Buyer should contact the Mira Support team at email@example.com and they will make the decision case by case. If a return request is approved, it will take five (5) business days to process the return. The Company will send the Buyer an email to notify about the receiving of a returned item. It would be inspected after such notification. The Company will also notify the Buyer of the approval or rejection of a refund or exchange, which acceptance or rejection will be in the Company’s sole discretion. If a refund is approved, the refund will be issued back to the payment method used for the initial payment and may take three to five business days to appear on the Buyer’s statement. To properly process the returning shipment, the sender of the returning product must be the same as the recipient of the original package.
- The cost of shipping cannot be refunded. If the Buyer requests a paid return label, 15% of the original price of the product will be deducted (available for the US only). For not US orderds, the Buyer should send the product back by oneself.
- The Company offers a 90-day money-back guarantee which begins on the day the Buyer has started fertility tracking with the Mira Analyzer. If the Buyer has used the product continuously for three months while following the instructions, but have no LH surge detected, the Company will refund the product for the Buyer.
- The price payable for Goods shall be as displayed on the Company Websites or otherwise agreed in writing at the time of purchase.
- In the US, all prices for the Mira Fertility product exclude Value Added Tax or other sales tax and carriage, which will be added to the invoice charge at the appropriate rate.
- The Company reserves the right to adjust prices.
Terms of Payment
Unless otherwise stated by the Company in writing and recorded on the Company’s acknowledgment of order, payment shall be made in advance for all Goods.
- All times or dates given for delivery of the goods are given in good faith. Time of delivery should not be of the essence of any Contract nor shall the Company be under any liability for any delay beyond the Company’s control.
- Delivery of the Goods shall be limited to Buyer’s who are over the age of 18, legally able to enter into the Contract, resident in, and (where applicable) accessing the Company Websites.
- All claims for loss due to damage in transit or non-delivery must be notified in writing by the Buyer to the Company: (a) within seven days of the actual delivery date for damage or (b) within ten days of the date of the invoice for non-delivery.
- In the event of a valid claim for loss due to damage, non-delivery, or non-compliance with the Contract, the Company shall choose to either repair or replace the Goods at its expense, but shall not be under any further liability.
- If the Buyer fails to give notice in accordance with the condition above, the Goods shall be deemed to be in all respects in accordance with the Contract.
Ordering & Contracts Company Websites
- Some Goods can be ordered using the ‘Cart’ mechanism on the Company Websites. The Contract is formed by the following steps. The Buyer fills the ‘Cart’ with the required items and continues to the appropriate payment screen. The Buyer then enters payment details on the payment screen. An order acknowledgment is sent to the Buyer via email. Once the payment has been received and the order accepted, the Goods will be dispatched, at which point the Contract shall be deemed to be in place.
- Acceptance of Orders. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. You will be charged at the time you place your order, not when your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We will contact you if all or any portion of your order is canceled or needs to be modified. If your order is canceled or modified after your credit card (or other payment accounts) has been charged, we will issue a credit to your credit card (or other applicable payment accounts) in the amount of the charge or modification.
- Referral Rewards. We reserve the right to, at our sole discretion, alter, discontinue, refuse, or cancel referral rewards accrued under the referrals offer as presented with the Mira Analyzer, Mira wands, or Mira App pre-order campaign or any other campaigns related to Mira products and services. You must already have a Mira account or set up a new Mira account to redeem accrued referral rewards. We will at times need to contact you to manage and deliver your order, and to ensure deliverability of your accrued referral rewards. You understand that we must have your active and valid email address and/or mailing address to deliver to you your accrued rewards. Rewards will accrue and be redeemable as defined by Mira.
- You can purchase products and/or services on the Website. We provide a link on our website to a third party vendor, which will process your payment for products and services. When you click submit your order, your payment information will be handled by an independent third-party service, which operates under separate Terms and Conditions with respect to your online payment transaction.
- Product and service refund requests will be decided and issued at the sole discretion of Mira.
Passing of Title and Risk
- The Goods shall remain the property of the Company until all payments under the Contract have been made in full and unconditionally. Once all payments are made and from the time of delivery, the Goods shall become the property of the Buyer.
- In the event of failure to pay the price in accordance with the Contract, the Company shall have the power to resell the Goods.
Conditions & Warranties
- The Contract shall not constitute a sale by description or sample.
- Any conditions or warranties (whether express or implied by statute common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Goods, their fitness for any particular purpose, or correspondence with any description or sample are hereby expressly negatived.
- In respect of Goods supplied by the Company under a Contract, the Company undertakes that if within twelve months of delivery a defect occurs under proper use (with the exception of wear and tear) it will at its own discretion, repair or replace them. The Buyer shall inform the Company within seven days of such a defect occurring.
- Nothing herein shall impose any liability on the Company in respect of any defect in the Goods arising out of the acts, omissions, negligence, or default of the Buyer including any failure by the Buyer to comply with any recommendations of the Company as to storage and use of the Goods.
Your Personal Account
- Account Registration. To access portions of the Products and Services you may need to create an account through the Mira App. You agree that the information you provide to Mira upon registration and, at all other times, will be true, accurate, current, and complete. You acknowledge, consent, and agree that Mira may access, preserve, and disclose your account information and your Personal Information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms; (3) respond to your requests for customer service; or (4) protect the rights, property, business interests or personal safety of Mira, its users or the public.
- When you register as a User you will be asked to create a password for your account. As you will be responsible for all activities that occur under your password, including ordering a subscription Service, purchasing and referring products, and entering personal information, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password, and any credit card information submitted thereunder, and for restricting access to your computer or any device on which you use the Mira App, Mira Analyzer, or Mira wands, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you are required to immediately notify Mira. You may be liable for the losses incurred by Mira or others due to any unauthorized use of your account. If you choose to grant another person access to your User account, such as a partner, you are solely responsible for such other User’s use of and access to your User account.
Links & Third-Party Content
- Additional restrictions may apply. Notwithstanding any rights and licenses granted to you in these Terms, the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services may contain Third-Party Content for certain limited uses, and your right to access, use, and share the Third-Party Content, and any content that contains, incorporates, adapts, or otherwise utilizes such Third-Party Content, may be subject to certain additional restrictions. You agree to abide by all restrictions and limitations of use that apply to such Third-Party Content.
Availability of Service
Mira may discontinue or make changes to the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services at any time with or without notice or any liability to you. Mira makes no guarantees that the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services will be available at all times or on an uninterrupted basis.
- Termination By Mira. You agree that Mira may terminate your account at any time for your violation of any of the provisions of these Terms or your failure to pay subscription fees accepted by you if there is any. You agree that any termination of your access to the Service or your User account may be undertaken without prior notice, and you agree that Mira shall not be liable to you or any third party for any such termination.
- Termination By You. If you are dissatisfied with the Mira products, please let us know by emailing us at firstname.lastname@example.org. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (a) the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, (b) any term of these Terms, (c) any policy or practice of Mira in providing the Products and Services, or (d) any content or information transmitted through the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account by clicking on the “Customer Support” tab from within the application and providing Mira notice of termination by emailing us at email@example.com.
- Consequences of Termination. Upon the termination of your Account, either by you or Mira, your access to your Personal Information shall immediately terminate and you are solely responsible for maintaining copies of any Personal Information you have uploaded to the Website or through the App. Mira may retain copies of your Personal Information upon the termination of your User account on backup tapes or other storage media, or as compiled in data analysis performed by or on behalf of Mira.
- The Company shall not be liable for any loss or accidental damage to the Mira Fertility
- The Company shall not be liable for any costs claims or damages or expenses arising out of any act of tort or omission or any breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals by reference to the accrual of such costs, claims, damages or expenses on a time basis.
Default On Insolvency of The Buyer
If the Buyer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Buyer’s property or assets or if the Buyer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition is presented against him or (if the Buyer is a company) if any Resolution or Petition to wind up such company shall be passed or presented or if a Receiver of the whole or any part of such company’s undertaking property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every contract between the Company and the Buyer or may (without prejudice to the Company’ s right subsequently to determine the contract for the same cause should it so decide) by notice in writing delivery of Goods or cancel a Subscription until any defaults of the Buyer be remedied.
Limitation of Liability
The liability of the Company to the Buyer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods.
Modification of The Terms
No statement description information warranty condition or recommendation contained in any catalog price list advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these conditions.
The Company shall be entitled to delay or cancel delivery or to reduce the amount or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes, lock-outs, accidents, war, fire, reduction in or unavailability of power at manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from the normal source of supply.
The headings in these Terms & Conditions are intended for reference only and shall not affect their construction.
- Participation in Clinical Studies, Testing and Data Collection. Mira may conduct clinical studies (also commonly referred to as clinical trials) at any time using the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services. By downloading, using, or purchasing any of Mira’s products and/or services, you consent to being contacted by Mira as a potential participant in any clinical study) Mira plans to conduct. Participation in a clinical study would require your voluntary consent and we hope you will consider participating at that time.
- Registered in Food and Drug Administration (FDA): Mira Analyzer, Mira wands, and Mira App are intended to help the user record and track fertility hormones and are not intended for use in the diagnosis of a disease or other conditions, including a determination of the state of health, to cure, mitigate, treat, or prevent disease or its sequelae.
- Responsibility for Personal Information; Representations and Warranties. Each User who uploads any Personal Information to the Service is solely responsible for such Personal Information and the consequences of posting such Personal Information to the Service, including if a User authorizes a third party (e.g., a partner) to review such Personal Information. By uploading Personal Information to the Service, you affirm, covenant, represent, and warrant that: (a) you have the right to submit such information to the Service; (b) the information submitted by you is accurate to the best of your knowledge or ability; and (c) you are not violating the rights of any third party by submitting Personal Information to the Service.
Ownership; Proprietary Rights
- The Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services are owned and operated by Quanovate Tech Inc. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, hardware, services, and all other elements of the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services that are provided by Mira (the “Mira Materials”), are or may be protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws. Mira Materials do not include User Personal Information. All Mira Materials are the property of Mira or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the Mira Materials are proprietary to Mira or its affiliates and/or third-party licensors. Except as expressly authorized by Mira, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, copy, create derivative works from, or otherwise make unauthorized use of the Mira Materials. Mira reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Mira Materials, except for the limited rights set forth in these Terms. Mira claims no ownership in or to any content or other materials provided by or obtained from third-party websites.
- Retention of Rights. A User retains all rights in the User’s Personal Information, subject to the grant of rights set forth in these Terms.
- As a condition of your use of the Products and Services, you agree not to use the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services for any purpose that is unlawful or prohibited by these Terms or in any territory where you are located. Access to the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services from territories where access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations during your use of the Products and Services.
- You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, use of the Services, access to the Services or Third-Party Content obtained through the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, for any purpose not expressly authorized in these Terms.
- You agree not to intentionally interfere with or damage, impair or disable the operation of the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious or harmful code.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, features that prevent or restrict the use or copying of any content accessible through the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, or features that enforce limitations on the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services or any Third-Party Content.
- You agree not to attempt to gain unauthorized access to the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, or any part of them, other User accounts, computer systems or networks connected to the Website or the App, or any part of them, through hacking, phishing, password mining or any other means or interfere or attempt to interfere with the proper working of the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services or any activities conducted on or through any of the foregoing.
- You may not engage in any activity or effort, either directly or indirectly, to identify other users of the website, the app or the Products and Services, and any attempt to do so will subject you to all remedies available to Mira and such other users, whether at law or in equity.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Servicess. You agree not to modify the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Servicesin any manner or form, or to use modified versions of the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, including, without limitation, for the purpose of obtaining unauthorized access to the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, unless the modifications are expressly permitted by Mira.
- You agree that you will not use any robot, spider, scraper, or other automated means to access the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website or to the App. To create and maintain a user account, you must be a human. Accounts created and/or maintained by bots or other non-human entities are prohibited.
- You agree not to utilize framing techniques to enclose any trademark, logo, or other Mira materials without our express written consent. You agree not to use any meta tags or any other “hidden text” utilizing the Mira or Mira Analyzer, Mira wands, Mira App names, or trademarks for any purpose without our express written consent.
- You will promptly remove any links that Mira finds objectionable in its sole discretion. You agree not to use any Mira or Mira Analyzer, Mira wands, Mira App logos, graphics, or trademarks as part of a link without our express written consent.
- You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Products and Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services, or any portions thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to modify, adapt, translate or create derivative works based upon the Website, Mira Analyzer, Mira Wands, the Mira App, and the Products and Services except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree that you will not misrepresent your identity, access another User’s account, or provide any false or misleading information about yourself or any other User.