Terms and Conditions of Use

Terms and Conditions of Use
Last Modified: February 6, 2019

Good Stuff Box is a business registered and operating from Ontario, Canada. In consideration for permitting your access to our website and online store (“Website”) and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Good Stuff Box's ("we", "us" or "our") Website hosted at www.goodstuffbox.ca and other domains and sub-domains. By using our Website, you, the user ("you" or "your"), represent and warrant that (a) you are of the age of majority; (b) you have read and understand these Terms and agree to be bound by them; and (c) YOU ACKNOWLEDGE THERE ARE PROVISIONS IN THESE TERMS WHICH LIMIT OUR LIABILITY.

If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with Good Stuff Box.

AMENDMENTS
As our Website and products continue to change, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these Terms is posted above. As you are bound by these Terms each time you visit our Website, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Website after such amendments have been posted. If you do not agree with the amendments, please stop accessing the Website and terminate your account and any active subscriptions in accordance with these Terms. We may also undertake to send you notice of any changes to the Terms or policies.

Privacy
We collect and use your personal information in accordance with our privacy policy. By using our Website, you consent to such processing and you represent and warrant that all information provided by you is accurate. Our privacy policy is available on the Website at https://goodstuffbox.ca/privacypolicy.
Establishing an Account
In order to purchase products from us and subscribe to any of our boxes, you will be required to establish an account on the Website. Establishing an account allows us to collect your contact, shipping and billing information and the details of your subscription(s). When you establish a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Website and your account in accordance with these Terms but reserve the right to revoke the license and your account access at any time.

Account Not Transferable, Updating Your Account & Security
If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether you authorized that activity or not. If you believe your account has been accessed without your consent, please contact us immediately.

Subscription Boxes and Prices
We offer quarterly and annual subscription boxes, as detailed on the Website. We may also offer certain products for purchase without a subscription. Prices are listed on the Website for all subscription boxes and other products. While prices listed on the Website are subject to change, if you are an existing subscriber, we agree not to increase the price of your subscription without first providing sufficient notice to permit you to pause or cancel your subscription prior to the next billing cycle.
Prices listed on the Website an invitation to make an offer and are subject to acceptance by us. Even in the event of the automated processing of your order by the Website, you agree that we will have the opportunity to review and accept such orders for new subscribers and products.
All new subscriber accounts and their corresponding first orders are subject to availability. While we work hard to make sure we can deliver your first subscription box on the first delivery date after you become a subscriber, depending on the date you first subscribe, we cannot guarantee the start date.
Additional terms, including but not limited to, tax, account access and payment may be specified on the Website. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement. If any information or terms posted to the Website concerning price, tax or discounts are posted in error, we reserve the right to amend those terms.

Taxes and Duty
You agree to pay all taxes, duty and fees, whether Canadian or foreign, applicable to these Terms or arising in any way from the purchase of products or services from us.

Billing and Payment

Your credit card will be billed prior to shipping your order, whether we are delivering a subscription box or one-off orders. Upon creating an account and activating a subscription, your credit card will be charged immediately to reserve your subscription box membership.

If you elect to subscribe to an annual subscription, you will be billed for the entire balance of your first year of boxes. Your annual subscription will renew, and your credit card will be billed annually on, or shortly after, the 15th day of the first billing cycle in the following year.

If you elect to subscribe to a quarterly subscription, you will be billed immediately for the balance of your first quarterly subscription box. Following the original billing date, quarterly subscribers will be billed on or shortly after the 15th day of February, May, August and November, our billing cycle dates.

We use third-party payment processors to process payments made by you on the Website. Our third-party payment processors include:
Braintree Payments offered by PayPal Canada Co. and their affiliated entities https://www.braintreepayments.com/ca;
Recharge offered by Bootstrap Heroes LLC and affiliated entities https://rechargepayments.com/; and
We may also use payment processing services offered by Shopify Inc. or their affiliates in addition to Stripe, PayPal, Apple Pay and other services.

Although we may host their forms on our Website, or be linked on our Website, when you provide your payment details, you are providing them to the applicable payment processor. We may have access to view portions of your payment information via the third-party payment processor, however, we do not collect or store your full credit card information ourselves. You agree to only use a credit card that is held in your own name, as specified in your online account with us. To protect against fraudulent credit card changes, we may also elect to refuse to deliver our products to addresses which are different than the billing address associated with your credit card.

You acknowledge that third-party payment processes and banks may have their own terms and conditions which apply to you. If you have any questions concerning our third-party payment providers, please contact us. For billing related questions, or questions related to our payment processors, please contact us at info@goodstuffbox.ca.

Shipping
So long as your credit card has been duly charged in advance (see above for billing dates), our subscription boxes ship quarterly, in March, June, September and December. Our shipping window covers the first two weeks of each of these months, and most customers can expect to receive their boxes within 1-2 weeks of shipment. On occasion, shipping to more remote areas may take longer. Unfortunately, we only offer shipping within Canada and do not deliver to any other countries at this time.

We use third parties to facilitate the delivery of our subscription boxes, primarily Canada Post. It is your responsibility to ensure that the delivery address specified in your account is accurate and up to date. You agree that we shall not be responsible or liable for any lost or stolen orders once they have been placed in the possession of the third party shipper.

Please see our FAQ page at https://goodstuffbox.ca/pages/faqs for more details on our shipping and billing dates.

Automatic Renewals

The billing cycle for both annual and quarterly subscriptions will continue and automatically renew unless your membership is paused or cancelled in your account in accordance with these Terms.

Cancellation

Our cancellation policy varies based on whether you are a quarterly or annual subscriber, as follows:

Cancellation of a Quarterly Subscription.
As a quarterly subscriber, you will be billed, in full, for your first subscription box upon signing up for your subscription. The charge is to reserve your first subscription box, and is non-refundable. Payments are non-refundable, among other reasons, to ensure we can order correct quantiles from our suppliers.

Should you wish to cancel your quarterly subscription thereafter, you can do so at any time between the initial purchase and your next billing date. Your next billing date is as established in the “Billing and Payment” section of these Terms (above). Once a billing date has passed and we have processed your credit card payment, the transaction is non-refundable and you will be unable to cancel your subscription until the next billing cycle. If you wish to cancel your subscription for the next billing cycle, you may do so right away.

Cancellation of an Annual Subscription.
Annual subscribers will be billed in full for one year’s worth of boxes (four shipments in total) immediately upon order. This is to reserve your subscription boxes for the year, and the payment is non-refundable. Payments are non-refundable, among other reasons, to ensure we can order correct quantiles from our suppliers. In addition, because annual subscribers are purchasing subscription boxes at a discounted rate upfront, we cannot offer refunds or interim cancellations, see our refund policy for details.

Following your initial order, you will be automatically billed for each subsequent year of subscription boxes, in accordance with the “Billing and Payment” section of these Terms (above). Should you wish to cancel your annual subscription for the subsequent year, you may do so at any time between your initial purchase and your next billing date, referenced above.

Return and Refund Policy
Unfortunately, given the subscription nature of our business, we do not offer returns or refunds on our boxes or any portion thereof.

We strive to ensure that our boxes are carefully packaged so as to avoid damaged products. That said, accidents may happen. If you receive a damaged box or product, please contact us within 15 calendar days of receiving your box and we will work with you to try to find a solution. Please note that we may request that you provide photos of the damaged item(s), and return the damaged item(s) to us so that we can (i) do our own inspection; and (ii) communicate any quality issues to our suppliers. Accordingly, please do not dispose of any damaged items until you are able to get in touch with our customer support.

Acceptance of Risk and Disclaimers
Everything on the Website, including all products and subscriptions available for order, are provided "as is" without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.

LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OUR INDIVIDUAL OWNERS OR OPERATORS OF OUR BUSINESS, EMPLOYEES, CONTRACTORS, AGENTS OR SUPPLIERS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY PRODUCTS ORDERED FROM OUR WEBSITE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OUR INDIVIDUAL OWNERS OR OPERATORS, EMPLOYEES, CONTRACTORS, AGENTS OR SUPPLIERS, THEN YOUR REMEDIES ARE LIMITED TO (I) REQUESTING A REFUND OR EXCHANGE IF YOU RECEIVED PRODUCTS FROM US WHICH ARE DAMAGED BEYOND USE, IF APPLICABLE; AND (II) CANCELLING YOUR ACCOUNT AND SUBSCRIPTION WITH US, IN ACCORDANCE WITH THE TERMS SETOUT ABOVE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD US OR THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE, THE PURCHASE OF PRODUCTS FROM US, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN (I) THE AMOUNTS PAID BY YOU TO US OVER THE PRECEEDING FOUR (4) MONTHS, FROM THE DATE YOU FIRST RAISE YOUR CLAIM WITH US; OR (II) CAD $35.00, WHICHEVER IS LESS.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION AND HOLD HARMLESS
YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, OUR INDIVIDUAL OWNERS OR AND OPERATORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM; (I) YOUR VIOLATION OF THESE TERMS, OR ANY POLICY INCORPORATED BY REFERENCE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT; OR (III) ANY BREACH OF A REPRESENTATION OR WARRANTY MADE BY YOU TO US, EITHER IN THESE TERMS, PRIVACY POLICY OR OTHERWISE.

Ownership of the Website and Its Contents
Our Website contains open source and public domain content, licensed content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Website without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Good Stuff Box, including our logo, without our express permission.

Your Content
Our Website may permit you and other users the ability to upload and post content ("User Content"). We do not pre-screen all User Content uploaded or posted to the Website by you or other users, but we may do so. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Website. You agree that User Content can be deleted, by either you or us, at any time, without notice, reason, justification or cause.
In addition to our Acceptable Use Policy which is available on the Website at https://goodstuffbox.ca/aup, you agree not to use the Website in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libellous, defamatory, obscene or in violation of these Terms.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.

Copyright Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Website, please notify us at info@goodstuffbox.ca. While we take no responsibility for any user or supplier who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or remove the content in question.

Linked Sites
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on our Website are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.

Law of the Contract (Governing Law) and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.

Severability
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.

No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.

Waiver of Class Proceedings and Trial by Jury
To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference
All policies referred to in these Terms, or anywhere on our Website, are incorporated into these Terms by reference, including, but not limited to, our Privacy Policy and Acceptable Use Policy.

Account Termination
Subject to the payment of any amounts outstanding to us and the cancellation of any active subscriptions, you may terminate your account with us at any time. To do so, please contact us by email at info@goodstuffbox.ca.
We reserve the right to suspend your account or access to our Website at any time, with or without cause, and with or without notice.
The cancellation, suspension or termination of access to our Website, or your account, shall not terminate this agreement. Without limiting the foregoing, any provision of these Terms concerning your payment obligations, the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

Assignment of this Agreement
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website, the transfer of control of Good Stuff Box, or otherwise.

Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Other Terms
In the course of using your account with us or using our Website, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors, credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.