1. Terms & Conditions
Dear SarahDelivered.com user,
B. Minimum Age and Ability to Bind
The Site and the Subscription Service are available only to persons or organizations that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the Subscription Service are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Subscription Service. If you are using the Site or the Subscription Service on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Subscription Service.
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the Site. You agree to notify BPI immediately of any unauthorized use of your account. BPI will not be liable for any loss, damages, claims, liability or expenses of any nature whatsoever that you might incur as a result of anyone else using your account. You will be liable to BPI for any losses, damages, claims, liability or expenses incurred by BPI as a result of the unauthorized use of your account.
4. COPYRIGHT AND TRADEMARKS
Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, any Sarah Delivered and Sarah Baeumler logos (the “Logos”), and all designs, text, graphics, photographs, pictures, information, data, software, sound files, other files, messages, information, text, music, sound, photos, graphics, code or other material and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of BPI or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
The Logos and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of BPI, its related and affiliated entities and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BPI or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BPI and may not be copied, imitated or used, in whole or in part, without the prior written permission of BPI.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHER MODIFICATION OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF BPI IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and /or criminal penalties.
5. SUBSCRIPTION SERVICE
A. Subscription Boxes and other Product Offerings
We offer a subscription plan to individual Subscribers for the monthly shipment of Subscription Boxes (each, a “Subscription”). Upon enrollment as a Subscriber, you will receive a Subscription Box approximately once per month. Subscriptions may be purchased for periods of [1/3/6 months].
In addition to Subscription Boxes, we may offer for sale as one-time purchases of various curated items of particular note and/or special edition items or other offerings to Subscribers.
Each Subscription shall renew automatically upon expiration unless cancelled or terminated in accordance with the terms hereof.
C. Subscription Cancellations
A Subscription may be cancelled at any time, provided payment in full has been received for any and all Subscription Boxes shipped up to the time of such cancellation. Please note, cancellation may take up to 45 days to take effect.
All cancellation requests must be received by the last day of the month. Cancellation requests received after the last of the month shall take effect the following month. If you cancel your Subscription, you will enjoy your Subscription benefits until the end of the then-current Subscription term, and your Subscription will expire at the end of the then-current Subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term.
6. TERMS OF SALE
Pricing for Subscriptions and Products can be found on the Site. BPI reserves the right to change the Subscription prices and available Products at any time. Any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Subscription. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on this Site are for sale Internationally and all prices are quoted in Canadian dollars.
B. Product Description
BPI endeavours to make the Site thorough, accurate, and helpful to its customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Subscription Box or Product information at any time without notice.
You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regular payments for your Subscription. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Subscription Service in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Subscription Service in violation of this Agreement; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) if you fail to cooperate in an investigation or provide additional information when requested.
BPI will automatically renew your Subscription on each monthly, 3 month, 6 month anniversary date of your Subscription and, as authorized by you during the registration process, will charge your credit card with the applicable Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payments.
All sales are final.
BPI has the right to refuse or limit Subscriptions or quantities of specific Subscription Boxes. BPI will not be liable if a Product is unavailable or if shipment of Subscription Boxes is delayed. All orders are non-cancelable; BPI may grant or deny cancellation requests in its sole and absolute discretion. BPI reserves the right to provide substantially similar Products to fulfill any Subscription Box.
F. Sales of Subscription Boxes and Products to End Users Only
Subscription Boxes and Products are sold to Subscribers only, for their own personal, non-commercial use. You may not purchase Subscription Boxes for further distribution or resale or for any other commercial or business purpose. Subscriptions, and all rights and privileges conferred thereunder are personal and non-transferable.
G. Promotional Codes
BPI may from time to time in its sole discretion offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemeable for cash, credit or toward previous purchases. Promotional codes cannot be used in conjunction with any other offer or promotional discount. Any promotional program may be terminated or modified by BPI at any time in its sole discretion.
H. Promotional Contests
BPI may at times conduct various contests and promotions (“Contests”). Contests may include giveaways of Subscription Boxes or other Products or other related goods and services (“Prizes”). In the event of any such Contest, the following rules shall apply:
No purchase is necessary. For no purchase entry, send a postage paid, self-addressed stamped envelope to BAEUMLER MEDIA INC. 3416 Fairview Street Burlington, Ontario L7N 2R5, indicating the name of the Contest being entered. Contests are open only to residents of Canada, except the Province of Quebec, who have attained the age of 19 years. Further limitations on eligibility may be included in specific Contests. Prior to receiving the Prize, the winner will be required to show valid photo ID and to sign a release form releasing BHI of all liability, confirming compliance with these Contest rules, and consenting to the use of his or her name and image without further compensation, in any publicity carried out by BHI, its sponsors and/or their advertising or promotional agencies. Odds of winning a Contest will depend upon the number of entrants. Approximate value of Prizes and Contest closing dates will be indicated in the relevant Contest email communication or website announcement. In certain cases, no monetary value can rationally be ascribed to the Prize. You acknowledge that you will enter such Contest on the basis that no such value is or can be assigned to the Prize. Each winner will be solely responsible for any and all applicable taxes and any other costs, expenses and fees, unless otherwise specifically indicated as being included in the Prize. You will be required to correctly answer a skill-testing question in order to claim your prize
All shipments are sent by Regular Parcel via Canada Post . The risk of loss and title for all Subscription Boxes and Products purchased via the Site pass to the Customer upon delivery of the item to the carrier. Shipping costs are not included in the Subscription cost. I. Taxes All prices do not include any customs, duties, use value-added, excise or other taxes. You are solely responsible for the payment of such taxes.
7. PROVISION OF SUBSCRIPTION SERVICE AND SUBSCRIBER CONDUCT
A. BPI’s Responsibilities and Subscriber’s Use of Site
Save and except for its obligations set forth above, BPI takes no responsibility and assumes no liability for your use of the Site, the Subscription Service or the Products.
B. Subscriber’s Use of Site
You agree to comply with the following in connection with your use of the Site:
• You may not access or use the Site in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Site that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Site).
• You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Site for any unauthorized purpose.
• You may not use the Site or the Subscription Service in a way that, to be determined in our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Site or the Subscription Service, including BPI’s servers, computer network, or user accounts.
• You may not use the Site in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Site.
• You shall not interfere with or disrupt the Site or any related BPI websites or servers or networks connected to the Site or the Subscription Service.
• You shall not restrict or inhibit any other user from enjoying and using the Site or the Subscription Service.
• You shall not use the Site or the Subscription Service in violation of applicable law or third party rights (including third party terms of service).
Any use of the Site in violation of the foregoing violates the Agreement and may result in, among other things, termination or suspension of your rights to use the Site or your Subscription.
C. Discontinued Service
We reserve the right to modify, revise, suspend or discontinue the Subscription Service in whole or in part, either temporarily or permanently and with or without notice. If we discontinue the Subscription Service, we will provide you with advance notice and an opportunity to cancel your Subscription.
8. RESTRICTIONS AND RESPONSIBILITIES
A. No Rights in Software
This is an Agreement for services and access to the Site, and you are not granted a license to any software by this Agreement and nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site or any software, documentation, or data related to the Site or the Subscription Service (“Software”); remove any proprietary notices or labels from the Site or any Software; modify, translate, or create derivative works based on the Site or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or any Software. If you are using the Site or the Subscription Service in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site or the Software, then you hereby covenant that, prior to engaging in such activities, you will first request that we perform such work at our standard professional services rates. We can then decide either: (a) to perform the work in order to achieve such interoperability and charge our then standard rates for such work to you; (b) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (c) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
B. Compliance with Laws
The Site and the Subscription Service shall only be used for lawful purposes and you shall use the Site and the Subscription Service only in compliance with this Agreement, and all applicable laws, including, without limitation all applicable anti-spam legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, defamation and copyright and trademark infringement.
Although we have no obligation to monitor your use of the Site, we may do so and may block any messages, remove any content, or prohibit any use of the Site that we believe may be (or is alleged to be) in violation of the foregoing or any other provision of this Agreement.
9. THIRD-PARTY WEBSITES AND SERVICES
The Site may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, social bookmarking services and social network platforms (each, a “Third Party Service”). These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk.
You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.
We may terminate any Third Party Service’s ability to interact with the Site at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Subscription Service at any time, with or without notice, and we will not be liable to you or to the third party for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.
10. USERNAME AND PASSWORD
You are responsible for maintaining the security of your account and password. You shall be solely responsible and liable for any activity that occurs under your username and we shall not be responsible for the actions of any individuals who misuse or misappropriate your personal or other information using your username and password or other appropriate account identifying information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
11. DISCLAIMER OF WARRANTY
BPI, ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS: (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SUBSCRIPTION BOXES OR THE PRODUCTS; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, SUBSCRIPTION BOXES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, SUBSCRIPTION BOXES AND PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, SUBSCRIPTION BOXES AND PRODUCTS. NOTHING HEREIN SHALL EXCLUDE OR LIMIT BPI’S REPRESENTATIONS OR WARRANTIES TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE SUCH REPRESENTATIONS OR WARRANTIES WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
BPI DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN BPI; (B) ANY CONTENT PROVIDED IN CONNECTION WITH THE PRODUCTS OTHER THAN AS SPECIFICALLY PROVIDED BY BPI; OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL BPI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT OBTAINED FROM A LINKED SITE.
12. LIMITATION OF LIABILITY
You waive and covenant not to assert any claims or allegations of any nature whatsoever against BPI, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of the Subscription Boxes or the Products.
In no event shall the aggregate liability of BPI, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site or the Products exceed any compensation you pay to BPI for your Subscription or Products. Nothing herein shall exclude or limit BPI’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, BPI’s liability will be limited to the greatest extent permitted by applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BPI AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT, SUBSCRIPTION BOXES OR PRODUCTS.
You hereby release and forever discharge BPI, its affiliates, related parties and their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns (collectively, “Releasees”) from any and all claims, liabilities, obligations, actions, causes of action, suits, debts, covenants, controversies, damages, judgments and demands whatsoever in law, equity or any kind, type, or description, whether known or unknown, disputed or undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted, related to or arising out of any dispute with, any harm or injury (including, without limitation, personal injury or damage to property) caused by, or any other act or failure to act by, any product manufacturers, advertisers, sponsors and/or any other third parties, including any products and/or services offered or provided by third parties.
You agree that BPI has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
BPI may change or discontinue the Site or the Subscription Service at any time without prior notice. BPI reserves the right to terminate your use of this Site and the Subscription Service in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease access to the Site and Subscription Service.
15. SURVIVAL OF TERMS
16. APPLICABLE LAW AND VENUE
The Site is controlled by BPI and operated by it from its offices in Burlington, Ontario. However, the Site is accessible in all Provinces of Canada and in other countries. You and BPI explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (other than those related to BPI’s enforcement and protection of its intellectual property rights), 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 this Agreement (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against BPI related to any Claim and, where applicable, you also agree to opt out of any class proceedings against BPI. If you have a Claim, you should give written notice to arbitrate at the address specified below. If BPI has a Claim, BPI will give you notice to arbitrate at your address provided in when you registered. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify BPI for your failure to comply with any such laws.
18. QUESTIONS AND COMMENTS
BAEUMLER MEDIA INC. 3416 Fairview Street Burlington, Ontario L7N 2R5
By email: [email protected]
Last updated: May 13, 2016