TERMS AND CONDITIONS

Definitions:
Service: The web sites, www.MyVirtualMission.com and www.theconqueror.events and any associated apps
User: An individual, charity, business or any other entity that uses and/or enages with the the service.
Sponsor: An individual or entity that donates to a fund or posts a comment to a fund.

Fees and pricing

Platform fees
My Virtual Mission offers both a free basic version as well as paid for premium service “My Virtual Mission Premium”.
The premium version is a paid subscription service that can be purchased in blocks e.g. 6 months, 12 months.
The price for premium can be found at www.myvirtualmission.com/get-premium
Prices are subject to change without notice.
Users can purchase My Virtual Mission Premium via the Apple App Store, the Google Play Store or via the My Virtual Mission website.
On the Apple App Store and the Google Play Store fees are charged in the Users local currency and are subject to the terms and conditions of the respective platforms.
If premium is purchased via the My Virtual Mission website then fees are charged in USD via PayPal.

The Conqueror Events
Registration fees for entry into The Conqueror Event Series events including upgrades for t-shirts and medals can be found on The Conqueror website www.theconqueror.events

Corporate Wellness
My Virtual Mission also offers Corporate Wellness packages which are governed under these terms and conditions. Information can be found at wellness.myvirtualmission.com

ANY ATTEMPTS TO AVOID PAYING OUR PLATFORM FEES WILL RESULT IN IMMEDIATE DELETION OF YOUR ACCOUNT WITHOUT NOTICE.
- Sharing a login so multiple people can post as the same user is strictly prohibited
- The promotion of fundraising channels outside of the one provided by My Virtual Mission is strictly prohibited

Non refundable
All fees are non refundable.
If in the event that it is judged that fees are refundable then refunds are less any processing costs that have been incured. For example, but not limited to, credit card processing fees, app/play store fees etc.

Fundraising fees
For users who are fundraising with their mission, My Virtual Mission charges a small fee on each sponsorship made through the platform. My Virtual Mission shall retain a fee of 5.5% + all transaction fees charged by PayPal (typically between 2.5% - 3.9%)
All sponsorships are processed through PayPal

Sponsorship get paid directly into the PayPal account of the mission owner or the pre approved charity/cause that the mission owner has elected, minus the associated fees as outlined above.
All sponsorships are final and no refunds are given.
The My Virtual Mission fees will be paid to My Virtual Mission at the time of the transaction
The gross sponsorship amount will appear on the corresponding mission page. E.g. If someone sponsors $50 USD then $50 USD will show up as the amount sponsored even though fees will have been deducted from this amount.
Recipients of Sponsorships may be required to provide a receipt to the sponsor.

ANY ATTEMPTS TO AVOID PAYING OUR PLATFORM FEES WILL RESULT IN IMMEDIATE DELETION OF YOUR ACCOUNT WITHOUT NOTICE.
- Sharing a login so multiple people can post as the same user is strictly prohibited
- The promotion of fundraising channels outside of the one provided by My Virtual Mission is strictly prohibited

Currency
My Virtual Mission can accept sponsorship payments in, AUD, EUR, GBP, USD, NZD, CAD which are processed through Pay Pal.
A sponsor may make a sponsorship in their own native currency and PayPal will do the conversion and may charge a small conversion fee (much like a regular credit card merchant account would).

Missions and Sponsors
As a My Virtual Mission user, your mission page will be publicly available on the internet, for all to see, including search engines like Google and Yahoo etc. There are no private or hidden My Virtual Mission pages. Your activity is public and irrevocable.
Pages marked by users as "Private" are only private to the extent that anyone with the link to the page can still view it.
As a sponsor to a My Virtual Mission page you have the option to remain anonymous by not entering a name. If you do enter a name then your name and sponsorship amount will become irrevocably public.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of My Virtual Mission's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
All sponsorships made through My Virtual Mission are deemed to be final and no refunds are available.

A SPECIAL NOTE TO REGULATORY AGENCIES
We do not engage in any fundraising solicitation activities; such activities are carried out by our users on their own initiative. Additionally all mission sponsorships are processed through a separate business entity, PayPal. My Virtual Missions holds no funds on behalf of anyone or entity. Nor does it fundraise on behalf of anyone or any entity.
If your agency has any concerns that a law is being violated by our users, please report it to us immediately and we will work to address your concern.

Tax & Legal Representations
As a condition of using our service, you represent to us that:
(a) The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post
(b) You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project. If you do not, the liability for any such breaches lies wholly with you.
(c) You will not hold My Virtual Mission liable for any consequential loss, damage or otherwise through the use of the My Virtual Mission service.

Prohibited Activities

ANY ATTEMPTS TO AVOID PAYING OUR PLATFORM FEES WILL RESULT IN IMMEDIATE DELETION OF YOUR ACCOUNT WITHOUT NOTICE.
- Sharing a login so multiple people can post as the same user is strictly prohibited
- The promotion of fundraising channels outside of the one provided by My Virtual Mission is strictly prohibited

You may not use the My Virtual Mission service for activities that:
violate any law, statute, ordinance or regulation
relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law
relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services
involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
Violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices
involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from My Virtual Mission and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to My Virtual Mission immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email My Virtual Mission's Compliance Department at: support (at) myvirtualmission.com

Introduction
These Terms and Conditions may only be modified by an authorized executive My Virtual Mission. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
My Virtual Mission processes payment transactions through 3rd-party payment solutions such as PayPal. My Virtual Mission.com is not a chartered banking entity. All funds that are not part of a fee paid to My Virtual Mission are paid directly to 3rd-party payment solutions.
You will not hold My Virtual Mission liable or responsible for any funds or tax obligations on those funds paid to 3rd-party payment solutions.
Sponsors and Users agree not to involve My Virtual Mission in any litigation that occurs due to using the website.

My Virtual Mission will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.

Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT MAY TURN OUT TO BE FRAUDULENT, IRRESPONSIBLE, OR OTHERWISE ADVERTISED IN BAD FAITH.
WE ARE NOT RESPONSIBLE FOR ANY FAILURES ON THE PART OF OUR THIRD PARTY PAYMENT PROCESSORS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

My Virtual Mission Service
My Virtual Mission.com offers a service that enables Users to collect money into their own PayPal accounts for a specific purpose. Upon becoming a User through the Registration process, or a Sponsor through either the Sponsors process or comment process, you agree that My Virtual Mission may, in our sole discretion, modify the terms of this Agreement by updating the modified terms to the My Virtual Mission website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service.

By using the My Virtual Mission service you agree to the following:
1) You are at least 18 years of age.
2) You will comply with all local, state/provincial, regional & national laws in your area of residence.
3) You are to alert the My Virtual Mission service staff about any unauthorized use of your account.
4)You agree to allow My Virtual Mission to use anonymous aggregate data to enable My Virtual Mission to offer a better service in the future.
5) You agree to allow My Virtual Mission to collect and use data in order to serve advertisements and offers.
6) You agree to not share your login information with other people and/or log in with an account not set up by yourself.
7) If you are fundraising, you agree to use the My Virtual Mission platform to fundraise and not promote other fundraising channels.

Indemnification
You agree to defend, indemnify and hold harmless My Virtual Mission, employees, and agents from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the Web site, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

My Virtual Mission Accounts
My Virtual Mission reserves the right to delete or suspend User or Sponsor accounts at it’s discretion.
Users are fully responsible for any content posted as a User or a Sponsor. You agree by becoming a User or Sponsor that you will not:
1) Use sexually explicit content, obscenities, copyrighted material, or abusive/hateful language in any area of the site
2) Use your My Virtual Mission account for any illegal purposes.
3) Provide information that is not complete and accurate.
4) Share an account with other peope for the purpose of logging activities and avoiding paying group mission fees
5) Attempt to bypass or otherwise circumvent the designated method of payment as provided by My Virtual Mission.
My Virtual Mission has the right to, though will not be obligated to, in My Virtual Mission's sole discretion, to remove any content or block any individual or entity for any reason.
My Virtual Mission will have no obligation to provide a refund of any amounts previously paid.
My Virtual Mission does not and can not review all the material posted to the My Virtual Mission system.
By visiting My Virtual Mission you are responsible for protecting yourself from content that is offensive or harmful that may have been posted on the website by another user.
By visiting My Virtual Mission you are responsible for protecting your equipment (computer, etc.) from any harm resulting from a visit to the website.

Choice of Law
These Terms and Conditions and our provision of services to you shall be governed by the laws—state, federal, or otherwise—applicable in New Zealand.

Forum of Dispute
Any dispute arising from or relating to these Terms and Conditions or our provision of services to you must be resolved in a court of competent jurisdiction in New Zealand.
If you fail to bring a dispute in compliance with these "Forum of Dispute" provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys' fees, costs, and disbursements involved in making such a motion.
Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys' fees, cost, and disbursements.

Communications
Electronic communications from My Virtual Mission will be sent to Users to inform them of a variety of events that inform them about the state of their fund. You agree to allow My Virtual Mission to send these communications to your email address. You also agree that My Virtual Mission is not liable for any user generated content that is sent to you as a part of these communications.
You agree that you are liable for any communications you send to potential Sponsors promoting you Fund site. These communications include, but are not limited to, "share" emails sent through the My Virtual Mission and communications sent outside of the My Virtual Mission system.

Copyright Infringement
If you believe your copyright has been infringed, please send us a notice that contains:

  • Your name.
  • The name of the party whose copyright or trademark has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our website of the infringing material.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent at: support (at) myvirtualmission.com

Severability
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.
If two or more provisions are deemed to conflict with each other's operation, My Virtual Mission shall have the sole right to elect which provision remains in force.

Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.