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TERMS OF SERVICE
Thank you for choosing Fetch My Box. Please read the following Terms of Service carefully, by accessing or using any part of our website, you express your consent to being bound by these. You also acknowledge that you have read and understood these terms. If you do not agree, you may not use any of our services.
Please read these terms of service carefully, they create a binding contract between you and Fetch My Box.
Throughout this website, the terms “we”, “our” or “us” all refer to Fetch My Box. Fetch My Box is an online subscription service. The terms “you,” the “Pawrent” or the “Customer” are all synonyms and refer to you as a browser of our website and/or purchaser of our products. Our “Products” mean all items, including their packaging and accompanying notices, coupons or other documents, received from Fetch My Box, including but not limited to toys, treats, chews or other accessories,
The term “Services” as used throughout this website refer to the services provided by Fetch My Box and third parties upon which Fetch My Box relies directly or indirectly, including but not limited to marketing agencies, online services, shipping services or payment processing services.
By visiting our website and/or purchasing a Product from us, you engage in our Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies as referenced herein. Fetch My Box reserves the right to change these Terms of Service from time to time, at any time without notice, by posting its new Terms of Service on this website. Please make sure to consult the Terms of service regularly because they may have changed since your last visit.
If you become a Fetch My Box subscriber, we will ship you our curated box according to the frequency of delivery you have chosen. There are four options to choose from:
You only have one option for early termination, you have access to a 2-week cooling off period from the time you receive your first box. This means that if after receiving your first box you just don’t think the service is right for you, you have two weeks (10 business days) to end your subscription early. Keep the box we sent you and we will discontinue your subscription. To end your subscription early we will charge you the difference of what you already paid vs. the price of a 1-month subscription plus the $6.00 shipping fee. Termination must be received via email at firstname.lastname@example.org.
Should a Product contained in our Fetch My Box delivery package be defective, we will replace within thirty (30) days of the shipping date indicated on the Fetch My Box shipping notification.
After thirty (30) days from shipping, Products are no longer eligible for an exchange. We do not refund original shipping fees on any order.
LIMITATION OF LIABILITY
Our Products, more particularly all toys, food or accessories and with the exception of the accompanying paper coupons, notices and packages, are canine-related items and are not intended for humans or any other animals. Before giving any of the Products to your dog, you should always exercise your good judgment and evaluate the suitability of the item for your dog based on elements such as the size, the breed, the health condition or the habits of your dog, and based on your own experience with your dog.
The Products, namely the food, are intended to be enjoyed as part of a well-balanced diet for your dog. You are entirely responsible for ensuring that your dog is properly cared for.
You are entirely responsible for determining whether or not the toys or other accessories are suitable for your dog.
Fetch My Box disclaims any and all liability with regard to any injuries, allergies or adverse reactions suffered by your dog, any other animal or any person as a result of using or consuming the Products.
Fetch My Box does not guarantee the durability of the toys and the accessories, or any other Product.
We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained from Fetch My Box will meet your expectations, or that any errors in the Services will be corrected.
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. All Products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
TO THE EXTENT PERMISSIBLE BY LAW, FETCH MY BOX AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES AND INCLUDING BUSINESS INTERRUPTION LOSSES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00.
The services and all content published or otherwise accessible through this website or the Services, including but not limited to text, designs, images, photographs, graphics and code (collectively the “Content”) are protected by intellectual property laws valid and enforceable in Canada. The Content, including the copyright in the Content, is the property of Fetch My Box. Fetch My Box grants you a limited license to display or print the Content for your own personal and non-commercial use. Nothing contained in the Services should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on or through the Services without the prior written permission of Fetch My Box or such third party that may own such trademarks. Your misuse of the trademarks displayed through the service, or any other Content, except as provided in these Terms of Service, is strictly prohibited.
You shall not use the Services in any way that would interfere with the operation of this website and any other Services, nor submit any content through the Services that libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable law.
PRIVACY & PERSONAL INFORMATION
When you browse our website, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. We use this along with your Personal Information to perform data analysis in order to improve our Services and enhance your overall experience. We may share your Personal Information with our affiliates and service providers who process it on our behalf when required for business purposes. These parties are legally obligated to maintain the confidentiality of the Personal Information thus communicated to them and their handling and use of the information is confined to the purpose for which such information was specifically communicated. Some of our service providers may be located outside of Canada and as such, their handling of your Personal Information is governed by applicable foreign laws.
We take reasonable steps to provide adequate and appropriate protection to your Personal Information through the use of physical, electronic and procedural safeguards. We retain your Personal Information only for so long as is necessary to fulfill the purpose for which it was collected and to meet our legal obligations, and will not disclose it without your consent or as required by applicable laws. We assume that you have consented to our reasonable collection and use of your Personal Information when you provide your Personal Information to us.
All prices displayed on this website are in Canadian Dollars.
You agree that Fetch My Box may charge your payment method for any services, subscriptions or products you have purchased and for any additional amounts including any taxes, including local sales tax as applicable that may be accrued by or in connection with your account. You are responsible for the timely payment off all agreed to fees. You agree to pay all applicable taxes. Prices for the products and services offered via the Platforms may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of products.
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OTHER TERMS AND CONDITIONS
SURVIVAL OF OBLIGATIONS
The obligations and liabilities of the parties survive the termination of your subscription period.
SHOPIFY & OTHER THIRD PARTY SUPPLIERS
Our website and the associated online shop services are hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services.
Certain content, products and services available via our Services may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Fetch My Box the right to store and process your information with the third party payment service, which it may change from time to time; you agree that BARK will not be responsible for any failures of the third party to adequately protect such information.. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
GOVERNING LAW & JURISDICTION & ASSIGNMENT
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any controversy, claim or dispute arising out of or in relation to these Terms of Service shall, if not resolved amicably between the parties, be submitted to the courts of the Province of Ontario, which shall have exclusive jurisdiction over such controversies, claims or disputes.
You may not assign, license, sublicense or otherwise transfer any of your rights or obligations under these Terms of Service.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
ENTIRE AGREEMENT &SEVERABILITY
These Terms of Service and all documents referenced herein constitute the entire agreement between us and the Customer with respect to the Customer’s use of our Services.
In the event that any provision of these Terms of Service is determined to be unlawful, void, invalid or otherwise unenforceable by a court of competent jurisdiction, all remaining terms shall remain valid and enforceable to the extent that they can be severed from the invalidated portion of the term.
NO WAIVER OF RIGHTS
Our failure to sanction any non-performance or breach, insist upon or enforce strict performance of any of the provisions of these Terms of Service shall not be construed as a waiver of any provision or right.
All questions or comments are to be sent to topdog@FetchMyBox.ca or by mail at:
Fetch My Box
Unit B 1232 Lawrence Avenue East
Toronto Ontario M3A 1B9