Please read the following general website terms and conditions (hereinafter referred to as the “Terms and Conditions”, the “T&Cs” or the “Agreement”) carefully before accessing or using the www.PreggoBox.ca website (the “Site”), (including access or use for the purposes of registering an account on the Site where applicable (“Account”), reviewing any information or blog posts, and/or submitting any comment or videos to the Site) and before using or purchasing the various Products (as defined below) we provide, so that you are aware of your legal rights and obligations with respect to PreggoBox Inc., the Site and any of PreggoBox Inc.’s affiliates, parents and subsidiaries (individually and collectively, “we,” “us,” “our” or “PB”). These Terms and Conditions apply to all customers, users and visitors of the Site and to customers and users of the Products (hereinafter “Customers”). By accessing or using the Site or using or purchasing the Products we provide, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Site or purchase or use the Products.
Medical Disclaimer:
This Site contains general information about conception, pregnancy, pregnancy products and parenting. The information is not complete or comprehensive. You should not rely on the information on this website as an alternative to medical advice from your doctor or healthcare provider. Nothing contained on this web site should be construed nor is intended to be used for medical diagnosis or treatment. It should not be used in place of the advice of your physician or other qualified healthcare provider. Should you have any healthcare related questions, please call or see your physician or other qualified healthcare provider promptly.
Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program. If you have any specific questions about these matters you should consult your doctor or other healthcare provider. If you think you may be pregnant you should speak to a doctor or other healthcare provider, and if you think you may be suffering from any other medical condition you should seek immediate medical attention.
You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website. You are encouraged to consult your physician or your local healthcare provider to obtain professional medical advice, which may agree or disagree with the information and materials contained on this Site. You should consult your own physician or your local healthcare provider regarding your own symptoms, medical condition, treatment or medications. If you have or suspect that you have a medical problem, you should contact your own physician or local healthcare provider immediately.
While the information published on this Site is believed to be accurate, it has been published solely for the purpose of providing general information and is not intended as a substitute for professional medical advice. If you have questions or concerns regarding your physical health or the health of your baby, please seek assistance from a qualified healthcare provider. The articles and any information on this Site are meant to answer questions and provide information of a general nature regarding issues of interest surrounding pregnancy. If you have a specific medical concern or a question regarding the suitability of any Product, please contact your healthcare provider.
Call Your Doctor or Emergency Services in Case of Emergency. If you think you may have a medical emergency, call immediately. DO NOT USE THIS WEB SITE FOR MEDICAL EMERGENCIES.
The information about the use of herbs, essential oils and other products contained in this Site is not meant to be a substitute for seeking the advice of a qualified health care provider. It is not intended to diagnose, treat, cure or prevent any disease. Always consult your doctor/health care provider in advance about the use of herbs, essential oils and other products, especially during pregnancy, when nursing a baby or with children.
Copyright Notice:
All images, text, design and layouts are copyright protected under applicable law and are the sole property of PreggoBox Inc. No form of reproduction of these images and photographs, including downloading, copying or saving of digital image files is authorized without the express written consent of PreggoBox Inc, which consent may be withheld by PB in its sole and absolute discretion.
IMPORTANT INFORMATION TO NOTE:
YOU AFFIRM THAT YOU ARE EITHER AT LEAST 18 YEARS OF AGE OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT TO ACCESS THE SITE (IN WHICH EVENT, IT SHALL BE THE RESPONSIBILITY OF SUCH CONSENTING PARENT OR GUARDIAN TO SUPERVISE ACCESS TO THE SITE BY PERSONS UNDER THE AGE OF 18 AND SUCH PARENT OR GUARDIAN SHALL BE RESPONSIBLE FOR ANY SUCH USE OR ACCESS OF THE SITE, INCLUDING ANY PURCHASES MADE), AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE T&Cs, AND TO ABIDE BY AND COMPLY WITH THESE T&Cs. IN ANY CASE, YOU AFFIRM THAT YOU (AND ANY PERSONS ACCESSING THE SITE UNDER YOUR SUPERVISION) ARE OVER THE AGE OF 13, AS THE SITE IS NOT INTENDED FOR CHILDREN UNDER 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITE AND/OR THE SERVICES OR TO CREATE AN ACCOUNT.
THIS SITE INCLUDES CONTENT PROVIDED BY CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.
OUR BUSINESS CHANGES CONSTANTLY, AS DOES OUR PRIVACY POLICY AND ANY RULES, REGULATIONS AND FAQ POSTED ON THE SITE, INCLUDING THESE T&CS. WE MAY OR MAY NOT E-MAIL OR IN OTHER WAYS PROVIDE YOU WITH PERIODIC REMINDERS OF CHANGES TO OUR POLICIES, BUT IT IS YOUR EXPRESSED OBLIGATION TO CHECK THE SITE FREQUENTLY TO SEE IF THERE ARE ANY RECENT CHANGES TO ANY OF OUR POLICIES OR THESE T&CS. WE RESERVE THE RIGHT TO REVISE THESE T&CS AT ANY TIME WITHOUT PROVIDING NOTICE. YOUR CONTINUED USE OF THE SITE, THE SERVICES (AS HEREINAFTER DEFINED) AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.
ANY CONTROVERSY, CLAIM, DEMAND OR DISPUTE ARISING OUT OF OR IN RELATION TO ANY PORTION OF THIS AGREEMENT, OR THE BREACH THEREOF, MUST BE RESOLVED BY A COURT LOCATED IN EDMONTON, ALBERTA.
BY CREATING AN ACCOUNT AT THE SITE OR LOGIN IN TO THE SITE USING FACEBOOK CONNECT, YOU AGREE TO RECEIVE FREE CONTENT AND/OR PROMOTIONAL OFFERS FROM US. YOU MAY OPT-OUT FROM RECEIVING SUCH CONTENT AND/OR OFFERS BY CONTACTING US AT info@preggobox.ca OR SELECTING ANY ‘UNSUBSCRIBE’ OPTION WHICH MAY BE PROVIDED IN THE APPLICABLE E-MAIL CORRESPONDENCE.
USER ACCESS TO THE SITE IS VOID AND UNAUTHORIZED WHERE PROHIBITED BY APPLICABLE LAW OR REGULATION.
IT IS YOUR RESPONSIBILITY TO REVIEW THE INGREDIENTS OF EACH PRODUCT TO AVOID ALLERGIC REACTIONS OR OTHER SIDE EFFECTS. NONE OF THE PRODUCTS EITHER WITHIN THE BOXES (AS HEREINAFTER DEFINED) OR OTHERWISE AVAILABLE FOR PURCHASE ON OUR SITE ARE MANUFACTURED BY PB.YOU AGREE THAT PB SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU OR ANY THIRD PARTY WHICH ARISES AS A RESULT OF OR IN CONNECTION WITH THE PURCHASE OR USE OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY RESULTING ILLNESS FROM QUALITY, CONSUMPTION OR USE THEREOF.
Description of the Site:
The Service (as hereinafter defined) is designed to allow users to purchase, order and receive (and, subject to these T&Cs, to return) boxes or packages of goods, samples, offers, coupons, articles and other information as may be featured from time to time on the ‘PreggoBoxes’ page of our Site (each a “Box,” “Boxes”), make a-la-carte purchases from the ‘Products’ page on our Site, review products and Boxes, receive newsletters with information and offers, and participate in the PB content community. The Site enables Customers to review information related to its various products, including but not limited to the baby and pregnancy products featured on the Site from time to time (together, the “Products”). For the avoidance of doubt, any items or products which are included in a Box are Products for the purposes of these T&Cs. Customers may be permitted to directly purchase Products on the Site. Customers may also be provided with the means of submitting or posting video, photographic and textual content or comments (“Submissions”) to this Site through various services and applications, which may, but shall not necessarily include any “PreggoBox” application and/or Facebook. We may also impose limits on certain Site services and features (together “Services”), limit any Products or restrict your access to parts of the Site or to the entire Site in our sole and absolute discretion and without notice or liability to anyone.
The Site includes proprietary and third party information, including but not limited to all products, pictures, reviews, labels and other information supplements, in textual, visual, audio, video and/or other digital formats offered via the Site.
Registration:
In order to have access to certain Services, including but not limited to making Submissions to the Site, you may (but shall not necessarily) be required to create an Account either directly on the Site, as prompted by our registration form, or using Facebook Connect. You may never use someone else’s Account.
To the extent such registration is applicable, during registration, we may require the submission of information about yourself. Registration data may include your e-mail address, user name, password, address as well as your child’s name, age and sex. When prompted for such information, you agree to provide accurate, current and complete information about yourself (“Registration Data”). You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. We reserve the right, in our sole and absolute discretion, to terminate your Account for inaccurate, untrue, deceptive and/or incomplete Registration Data.
Username and Password: As part of any registration process, you may be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND FOR ANY AND ALL PURCHASES, COMMUNICATIONS AND OTHER ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. YOU AGREE NOT TO TRANSFER, SELL OR RESELL YOUR ACCOUNT, OR OTHERWISE PROVIDE ACCESS TO THE SITE, THROUGH THE USE OF YOUR ACCOUNT, TO ANY THIRD PARTY. YOU AGREE TO NOTIFY PB IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR OTHER BREACH OF SECURITY.
Eligibility:
All Customers of the Site must be either eighteen (18) years of age or older, or possess the necessary legal parental or guardian consent to access the Site (in which event, the consenting parent or guardian shall be the party who enters into these T&Cs). This Site, its Services and Products were designed for Customers who are legal residents of Canada and its territories. Customers from other countries are advised not to disclose personal information unless they consent to having their information used as set forth in this Site’s Privacy Policy rather than under the law of user’s home country. Any Customer accessing the Site from outside of Canada is solely responsible for compliance with any local or other laws in force in the requisite jurisdiction to the extent such laws may be applicable. Access to the Site is void where prohibited.
Term/Termination:
We may decide at any time in our sole and absolute discretion whether to remove and/or terminate a Customer’s access to the Site, its Services or any Product, for any reason, including but not limited to violations of these T&Cs. We may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during or subsequent to registration (where applicable) or purchase. Such termination is effective when executed by us or, in cases where notice is provided, at the time of the sending of such notice by us. However, your obligations of indemnification pursuant to these T&Cs shall survive any termination or the cancellation of such access.
Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
Purchasing Products:
PB reserves the right to change the prices of Products and the available Products at any time and without notice. Unless otherwise specified, the prices stated on the Site for Products are quoted in Canadian dollars.
Promotional Events or Offers:
PB reserves the right, in its sole discretion, to suspend, revise or terminate a promotional event or offer at any time without notice or liability (including after an order has been submitted or acknowledged). There is no cash alternative in respect of any promotional offer, event or code and any such promotional offer, event or code shall not be redeemable for cash, credit or towards a previous purchase.
Availability and Substitution of Products:
PB offers no guarantee that any or all Products described on the Site will be available and has the right, in its sole discretion, to refuse any order or to limit the quantities of any Products purchased. PB reserves the right, from time to time, to substitute any Products (including any Product or Products contained in a Box) for a reasonably similar product or item for the purposes of fulfilling any order. For the purposes of these T&Cs, in the event of any such substitution, the substituted product shall be a ‘Product’. PB shall not be liable if a Product is unavailable or a shipment is delayed. The decision to cancel an order or transaction at the request of Customer shall be at the sole and absolute discretion of PB.
Shipment:
All shipping and handling costs shall be payable by the Customer. Customer acknowledges that shipment and delivery of any Product(s) is carried out by a third party carrier and that title and risk of loss or damage to the Products passes to Customer at the time PB delivers the Products to such carrier for shipment. The choice of carrier and any packaging or other shipment procedures shall be at the sole option of PB. PB reserves the right to refuse to have Products shipped to certain addresses or on certain days and may ship Products (including those contained within a Box) in multiple shipments or packages.
Taxes:
Customer shall be responsible for payment of all applicable taxes, charges and duties (including, without limitation any goods and sales taxes applicable in the relevant jurisdiction) in respect of any Product(s) purchased.
Payment:
You authorize PB (and where applicable, its agents) to charge your payment card for all purchases made. PB may use the payment information you provide to us to provide improved service to you should you wish to place an order via the Site again and to mitigate against the risk of fraud or other losses. PB reserves the right to reject an order, cancel a payment or prevent Customers from initiating future payments for any reason, including suspected fraudulent or illegal activity, or breach of applicable law or these T&Cs.
Re-Sale:
No Product(s) shall be re-sold by Customer without the prior written consent of PB, which consent may be withheld for any reason in PB’s sole and absolute discretion.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or as a result of other error, PB shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. PB shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PB shall without undue delay issue a credit to your credit card account in the amount of the charge.
Force Majeure:
In no event shall PB be held liable for any delay or failure in performance which results directly or indirectly from circumstances or an event beyond PB’s reasonable control.
Content on Site:
All information provided by PB on the Site is reasonably believed to be accurate at the time of publication. Please note that we may display an image of only one of the sizes of a Product, as images for all sizes may not be available.
You may access such information solely:
- For your general information and personal use; and
- As intended through the normal functionality of the Site.
THIS SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND CUSTOMERS. WE ARE A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER.
Proprietary Rights of Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to PB, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site or Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks, Products or other materials viewed at, on or through the Site or Services. The posting of information or material at or on the Site by us does not constitute a waiver of any right in such information and materials.
Content Submitted by Customers: PreggoBox may (but shall not be obliged to) allow Customers to submit or post personal reviews, opinions or experiences regarding Products listed on the Site. The information listed, uploaded, posted or made available by Customers are those of the respective Customers and not of PB, and should not necessarily be relied upon. Customers who post any content are solely responsible for the accuracy, completeness or usefulness of such content. PB does not guarantee the accuracy, completeness or usefulness of any information made available by Customers on the Site and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. Customers understand and agree that PB will not be responsible for, and Customers hereby agree to indemnify and hold PB harmless from, any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Site by other Customers of the Site. PreggoBox may remove or delete any comments, reviews or posts at any time and for any reason in its sole and absolute discretion.
Customers Submissions and Comments. This section governs the Submission of any photograph(s), video(s), image(s), text and/or comment(s) or other content to the Site. PreggoBox may from time to time and in its sole discretion permit Customers to submit or post video, photographic and textual content or comments (“Submission(s)”). Customers agree that whether published or not, PB does not guarantee the confidentiality of their Submissions. PB does not condone or tolerate the submission of illegal and/or inappropriate content. By posting your Submissions, or attempting to post your Submissions, you hereby agree, and, are fully subject, to these content terms (“Content Terms”). Without prejudice to the generality of any other provision of these Terms and Conditions which is capable of applying to Submissions, these Content Terms govern each and every Submission that you post to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
- You are eighteen (18) years of age or older or possess the necessary legal parental or guardian consent to access or use the Site (in which event, the consenting parent or guardian shall be the party who enters into these T&Cs);
- You, and any other individual(s) portrayed or identified in the Submissions, were at least eighteen (18) years of age at the time that the Submissions were taken, made and/or created or you have previously obtained from their legal parent or guardian the consent for such use, publication and/or display.
- You are the individual identified in the Submissions or, if the Submissions identify other individual(s), that you have previously obtained from the individual(s) identified, and/or their authorized representatives, the written permission and consent for such use, publication and/or display. You further agree that you will provide PB with a copy of such written permission and consent upon request. Submissions which identify or contain photographs/images of third parties do not create any type of agreement whatsoever between PB and said third parties as there are no third party beneficiaries to these T&Cs or to the Privacy Policy;
- The Submissions do not contain obscene material, as defined under applicable law or material which could otherwise reasonably be deemed objectionable, including, without limitation, violence, other illegal activities and/or contraband;
- You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
- No other party has any rights, including intellectual property rights, to the Submissions;
- You hereby grant PB, its parents, subsidiaries, affiliates and/or assigns a non-exclusive, unlimited, worldwide, fully paid, irrevocable license to copyright, edit, copy, use, destroy and/or publish the Submissions as permitted by these T&Cs and our Privacy Policy. This license shall permit and include the usage of Submissions in any advertisements in any media or form. This section shall survive any termination of the Agreement.
- PB may, in its sole and absolute discretion, choose to screen Submissions and reject or remove any Submissions for any reason, or no reason, whatsoever;
- You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied and irrevocably waive and agree not to assert any rights, including any “moral rights” that you have to prevent PB from exploiting the rights and license granted by Customer to PB under these Content Terms;
- PB may include or add editorial copy and/or other writings or graphics to the Submissions;
- You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and
- Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.
Online Conduct: You are solely responsible for the Submissions and/or other information that you publish, transmit and/or post on the Site, including the Registration Data. You agree to use the Site in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:
- post, or attempt to post, any text, audio, photographs, videos or other images containing offensive and/or confidential information;
- impersonate any person or entity;
- “stalk” or otherwise harass any person via the Site;
- engage in advertising to, or solicitation of, other Customers to buy or sell any products or services through the Site;
- transmit any chain letters, spam or junk e-mail to other Customers;
- express or imply, without our specific, prior, written consent that any statements you make are endorsed by PB;
- harvest or collect personal information about other Customers, whether or not for commercial purposes, without their express consent;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of PB or the owner of such proprietary rights;
- access Submissions or the Site through any technology or means other than through the means provided on the Site themselves or other explicitly authorized means PB may designate;
- remove any copyright, trademark or other proprietary rights notices contained on the Site;
- interfere with or disrupt the Site, or the servers and/or networks connected to the Site;
- post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
- “frame” or “mirror” any part of the Site, without our specific, prior written authorization;
- use metatags, code or other devices containing any reference to PB or the Site in order to direct any person to any other website for any purpose; and/or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so; and
- to use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of PB. Prohibited commercial uses include any of the following actions taken without PB’s express consent: (i) sale of access to the Site or its Services on another website; and/or (ii) use of the Site or its Services, for the primary purpose of gaining advertisements or subscription revenue.
PB reserves the right, but has no obligation, to reject any Account or Submission that does not comply, in PB’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of these T&Cs and may result in the immediate termination of your Account (where applicable) and/or your use of or access to the Site pursuant to the terms of these T&Cs. PB reserves the right to pursue any and all legal remedies against Customers who engage in any of the aforementioned prohibited conduct. However, in any event, PB assumes no responsibility for the conduct of other Customers of the Site and you agree that PB is not the publisher of Submissions found on the Site and, as such, shall not be liable for damages arising therefrom including, without limitation, any and all criminal and/or civil liability.
License Grant:
As a Customer, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever. We also reserve any rights not explicitly granted in these T&Cs.
No part of the Site or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’ infrastructure.
Privacy:
Your privacy is very important to us. To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without notice, to explain our privacy practices. To read our Privacy Policy, please use the link provided on each Site’s home page.
Indemnification:
You agree to indemnify, defend and hold us, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, its Services or the Products, (ii) any of your acts or omissions; or (iii) your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein.
WARRANTIES:
You expressly agree that access and/or use of the Site or its Services and the Products is at your sole risk. The Site and Services, and Products are provided on an “AS IS” and “AS AVAILABLE” basis, without any express or implied warranty of any kind, including, but not limited to, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems or other limitations.
PB EXPRESSLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, PB MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION OR ITEMS CONTAINED THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
LIMITATIONS OF LIABILITY:
We and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. For greater clarity and without prejudice to the generality of the foregoing, we are not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, Customers communications; 2) the conduct of any Customers, whether online or offline; 3) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 4) any infringement of another’s rights, including intellectual property rights.
Without prejudice to the generality of the foregoing, we and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise (collectively “Consequential Damages”), even if advised of the possibility of such damages, howsoever arising, including without limitation any Consequential Damages resulting from: (i) the use of or the inability to use the Service, Product(s) or Box(es); (ii) the cost of procurement of substitute goods and services resulting from any goods, Product(s), Box(es), offers, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service or any Product(s).
The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. The Site, Services and Products would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement.
WITHOUT PREJUDICE TO THE FOREGOING LIMITATIONS OF LIABILITY, IN NO EVENT WILL PB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PB IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Third-party Websites:
The Site may contain links to other websites owned and operated by PB, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by PB, including Facebook. PB has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Site, you expressly relieve PB from any and all liability arising from your use of any third party website. Furthermore, PB does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from.
Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will be bound by the terms and conditions, policy policies, and rules and regulations of any PB or third party website you access through the Site.
PB shall not be liable to you for any Products, Content or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your membership (where applicable) and to discontinue use of the Site and Services.
Dispute Resolution:
If a dispute arises between you and us, before resorting to formal legal action, we strongly encourage you to first contact us directly to seek a resolution by sending an email to info@preggobox.ca. We may consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum:
This Agreement shall be treated as though it were executed and performed in Edmonton, Alberta and shall be governed in all respects by the laws of the Province of Alberta without regard to conflict of law provisions. You agree that any Claim or dispute you may have against us must be resolved by a court located in Edmonton, Alberta except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Edmonton, Alberta for the purpose of litigating all such Claims or disputes.
Miscellaneous:
You expressly authorize us to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.
Legal Warning: Any attempt by any individual, whether a Customer or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and we will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Taxes: You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any applicable provincial taxes in your jurisdiction.
Assignment:
These T&Cs are personal to you, and are not assignable, transferable or sublicensable by you without PB’s prior written consent (which consent may be unreasonably withheld). We may assign or transfer any of our rights or obligations hereunder without consent.
Non-Waiver:
Any excusing, condoning or overlooking by PB of any default, breach or non-observance of any covenant, condition or provision of this Agreement by Customer or our failure to enforce any provision of this Agreement shall not be deemed a waiver by PB of such covenant, condition or provision nor of the right to enforce such covenant, condition or provision, or any other provisions in this Agreement.
Effect of Invalidity:
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
General Entire Agreement:
This Agreement constitutes the entire agreement between the parties hereto and the parties agree there are no representations, warranties, collateral agreements or conditions which affect this Agreement other than as expressed herein.
Contact Us:
PreggoBox Inc.
info@preggobox.ca