Terms of Use

Last Updated: September 3, 2019


1 Introduction
 

1.1 This website at www.thewonderbox.ca (the “Site”) is provided by Wonder Box Inc. (“Wonder Box”, “we”, “us”) and its use by you is conditional on your acceptance of the Terms of use set forth below (the “Terms”). These Terms explain how you may use the Site. You should read these Terms carefully before using the Site. By accessing or using this Site including, without limitation to access, use, and/or download messages, information, data, text, software, images, video, audio or other multimedia content or other content from this site (collectively, the “Content”) or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the Site immediately.
 

1.2 These Terms include our Privacy Policy which shall be subject to these Terms in the event of any conflict or inconsistency. These Terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content, products or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order. Additional Terms shall prevail to the extent that there is any conflict or inconsistency with any other of these Terms.
 

1.3 This Site is intended for and directed to residents of Canada over the age of 18 years.
 

2 Modifications to the Terms


2.1 These Terms are dated as of the “Last Updated” date set out above. We reserve the right to vary these Terms from time to time. We will notify you by posting the updated Terms on the Site and revising the “Last Updated” date above. By continuing to use the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.


3 Restrictions on Use


3.1 As a condition of your use of the Site, you agree:

(a) that you are responsible for the accuracy of all information that you provide to us and you will not provide any false, inaccurate or misleading information;
(b) that you are responsible for keeping your password and other account details confidential and for notifying us immediately of any unauthorized use of your account or any breach of security known to you;

(c) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
(d) not to infringe any third-party right;
(e) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(f) not to use the Site in a false or misleading manner;
(g) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms;
(h) not to impose an unreasonable load on our infrastructure or interfere with the proper working of the Site; use any robot, spider, scraper or other automated means to access the Site and collect content for any purpose without our express written permission; or use the Site to distribute viruses or malware or other similar harmful software code;
(i) not to harvest or otherwise collect information about others, including email addresses, without their consent;
(j) not to bypass measures used to prevent or restrict access to the Site;
(k) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
(l) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

 

3.2 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.
 

4 Orders
 

4.1 You agree that your order is an offer to subscribe for each box of products (a “Box”) listed in your order for the term which have selected (the “Subscription”). Except where we permit you to select the start date of a Subscription, if you place your order on or before the 5th day of the month, the first month of your Subscription will be that month. In all other cases, the first month of your Subscription will be the following month. For example, if you place your order on April 4, April 4 to April 30 is the first month of your Subscription. If you place your order on April 10, May 1 to May 31 will be the first month of your Subscription. Subsequent months of your term will begin on the first and last day of each subsequent month.
 

4.2 Unless otherwise specified, Subscriptions automatically renew at the end of the current term for a renewal term which is equivalent in length to the term which you selected. Any reference in these Terms to “term” includes a renewal term.

 

4.3 We reserve the right to change all Boxes and Subscriptions listed on the Site including, without limitation, descriptions, contents, products, prices and terms and any discounts and promotions without notice.
 

4.4 All Subscriptions are subject to acceptance by us. We may choose not to accept a Subscription at our sole discretion, even after we send you a confirmation email with your Subscription. Your Subscription will only be accepted once your first Box is ready to be shipped and payment has been processed.
 

4.5 We also reserve the right to cancel a Subscription for any reason, even if payment has already been made. If payment has already been made, we will refund the payment to the payment method you provided (or a proportional payment where one or more Boxes have already been shipped).
 

5 Payment Terms
 

5.1 The credit card or other payment method which you provide to us will be charged for your Subscription at the time you place your order and at the commencement of any renewal term.


5.2 The price charged when you place your order will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will apply to orders placed after the time of the increase. We may also, in our sole discretion, apply a price increase to the renewal of your Subscription term. Applicable delivery charges may be added to the Subscription price. Applicable taxes will be added to the Subscription price.
 

5.3 We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
 

6 Shipping
 

6.1 We will ship the Boxes to you at the shipping address which you provided.
 

6.2 Boxes are shipped on approximately the fifteenth day of each month. Title and risk of loss pass to you upon the delivery of the Box to the shipping address which you provided. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
 

7 Changing and Cancelling your Subscription
 

7.1 You may request changes to your Subscription by contacting us at the email address listed below. We may choose not to make a change to your Subscription
at our sole discretion.
 

7.2 You may cancel the renewal of your Subscription through your account at any time prior to the end of your current term.

 

7.3 Subject to our refund policy below, all Subscriptions are final and returns or exchanges will not be accepted.
 

8 Refund Policy
 

8.1 You may only return products included in your Box for a replacement product if we determine that your product was damaged when it was delivered to you. You must contact us at the email address set out below within five (5) days of delivery of the damaged product and provide us in a timely manner such information as we request in respect of the damaged product. If we determined a product was damaged, we will send a replacement product within a reasonable period of time following receipt of the returned damaged product (if applicable).
 

8.2 If we accept your return, your products must be unused and returned with their original packaging and in accordance with any instructions provided by us. Unless otherwise notified by us, you are responsible for all shipping charges for returned products. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
 

9 Coupons
 

9.1 We may from time to time offer gift, coupon or promotional codes (“Coupons”) relating to the purchase of the products. We reserve the right to reject the use of any Coupon not in compliance with the purposes for which it was granted. We reserve the right to modify or cancel any Coupon at any time.
 

9.2 Unless otherwise specified, Coupons may not be used in conjunction with any Coupon or any other discount or promotion provided or advertised by us.
 

9.3 Coupons may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned. Coupons are subject to any additional terms specified at the time of issue and/or redemption.
 

10 Referral Program
 

10.1 You may be entitled to participate in Wonder Box’s referral program (the “Referral Program”) in connection with your account. A unique referral link will be assigned to you which you can share with friends.

 

10.2 You and your friend can earn a credit in the amount we determine from time to time if your friend enters your referral link when the complete their first eligible order through the Site. We reserve the right to modify the amount of the credit, criteria for an eligible order and the availability of the Referral Program, at any time, in our sole discretion.

 

11 Contests
 

11.1 We may, from time to time, run contests or competitions ("Contests"). Those Contests will be subject to these Terms, as well as rules specific to each Contest ("Contest Rules").

 

11.2 In general, Contests will be open to individual residents of Canada over the age of majority in the province or territory in which they reside, with the exception of employees, directors, officers, contractors, representatives and agents (including immediate family members and members of the same household of such persons, including common law spouses) of Wonder Box; and residents of Quebec, unless specified in the Contest Rules.

 

11.3 The Contest Rules may specify other eligibility rules.


11.4 For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Terms) in relation to any Contest or to vary or terminate the operation of a Contest at any time without notice.

 

12 Ownership, use and intellectual property rights
 

12.1 All intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
 

12.2 Nothing in these Terms grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
 

12.3 ‘Wonder Box’ is our trade-mark and other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
 

13 Submitting information to the Site


13.1 By submitting Content to the Site, you agree that, subject to our Privacy Policy, we are entitled to use any such Content in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

 

13.2 Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.

 

13.3 You represent and warrant that any Content you submit to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Policy.
 

14 Accuracy of information and availability of the Site
 

14.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features and services which may be of interest. It does not constitute advice and should not be relied on for any purpose.

 

14.2 While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
 

15 Links and third party websites
 

15.1 The Site may contain links to third party websites. These links are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any link to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party website will be governed by any applicable terms of that third party website.
 

16 Warranties and limitation of liability
 

16.1 Suggested age ranges for Boxes are general guidelines only. When providing a particular product to a child, always follow the manufacturer’s recommended age for the product which is specified on product packaging. Boxes may include small parts which are choking hazard for children under six (6) years of age. You acknowledge that we do not independently determine the appropriate age of use for any product. As a result, in addition to all other limitations of liability and disclaimers in these Terms, we shall not be liable for any actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever as a result of the use of any product by a child who is younger than the intended age group or on the basis that a product was not suitable for its intended age group.
 

16.2 We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered by the manufacturer's warranty as may be detailed in the product's description included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

 

16.3 YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY LAW, THIS SITE AND ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

16.4 YOU AGREE THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.

 

16.5 In addition, to the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for any reason, in connection with any product and any representation or statement made on the Site.

 

16.6 If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the use of any Content) or any product exceed the greater of the total amount you paid to us for the Subscription term (which, for greater certainty, excludes any prior or subsequent term or renewal term of the Subscription) during which the action giving rise to liability first occurred, exclusive of applicable taxes and shipping charges, and (b) One Hundred Canadian Dollars ($100.00 CAD). We shall not be liable to you or for any indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including loss of use, loss of data, loss of profit and loss of savings) to you whether arising in connection with the use of this Site or the products irrespective of whether your claim arises in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if we had been advised or had reasons to know of the possibility of such damages.

 

16.7 Notwithstanding any other provision of these Terms, we do not exclude or limit our liability for any cause of action or statutory rights which are not capable by law of being excluded.

 

16.8 Any exclusions and limitations of liability in these Terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
 

17 Indemnification
 

17.1 You agree at all times to indemnify, defend and hold us harmless and our agents, suppliers, affiliates and their respective officers, directors, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of your use of this Site; any alleged violation by you of these Terms; or any alleged violation of any applicable law or regulation.
 

18 Dispute Resolution and Arbitration
 

18.1 All disputes, claims or controversies arising out of or related to any transaction conducted on the Service, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), shall be determined exclusively by binding arbitration. However, you and Wonder Box must first attempt to resolve any Dispute informally for at least 30 days before initiating arbitration. If you and Wonder Box cannot resolve a dispute informally, you or Wonder Box may elect to have the dispute finally and exclusively resolved by binding arbitration. The arbitration shall be conducted in the City of Toronto by a single arbitrator selected by Wonder Box. The arbitration shall be resolved using such rules as may be determined by Wonder Box. The parties shall be responsible for their own legal costs and shall share the costs of the arbitration equally, subject to an award of the arbitrator to the contrary.

 

18.2 If the arbitration provision in the previous paragraph is not enforced, the parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario located in the City of Toronto to settle any Dispute which may arise out of, or in connection with, this Agreement.

 

19 General
 

19.1 Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our email address at contact@thewonderbox.ca and all notices from us to you will be displayed on our Site from time to time.

 

19.2 If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

 

19.3 These Terms (together with the Privacy Policy and any applicable Additional Terms) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
 

19.4 You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

 

19.5 The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.