TERMS OF SERVICE
OVERVIEW
This website is operated by Unboxed Market Inc. Throughout the site, the terms “we”, “us” and “our” refer to Unboxed Market. Unboxed Market offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 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 anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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 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 are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and 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, warranties or conditions 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.
In no case shall Unboxed Market, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Unboxed Market and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@unboxedmarket.com.
LOYALTY PROGRAM TERMS OF SERVICE
1. What is the Unboxed Market Loyalty Program?
The Unboxed Market Loyalty program (“Program”) is a rewards program offered by Unboxed Market Inc. (“UBX”, “our”, “we” and “us”) under these terms and conditions. The Program gives you the opportunity to earn and redeem UBX points and rewards at Unboxed Market.
These Terms and Conditions replace any other terms and conditions that we may have provided to you and govern your participation as a member in the Program. By participating in the Program, you (or your parent or legal guardian on your behalf, as the case may be), accept and agree to these Terms and Conditions, including as they may be amended from time to time.
2. How Can I Participate?
Membership is free and you do not need to buy anything to open an Unboxed Market Account (“Account”). To participate, you must be a Canadian resident, 14 years of age or older, and must obtain the consent of your parent or legal guardian if you are under the age of majority in the province or territory in which you reside, and such consent is a requirement in the jurisdiction of your residence. Program membership is not available to corporations, businesses, charities, partnerships, enterprises or anyone other than an individual, unless written approval is received in advance from UBX in its sole discretion.
To participate in the Program, you will need a membership code as assigned to you in-store at Unboxed Market. UBX Loyalty Program is not currently available for online purchases. The methods for participating in the Program may change from time to time.
3. Earning UBX Points
Eligible Purchases at Unboxed Market will be awarded at the rate of 15 points for each full dollar spent on each separate purchase of eligible products at Unboxed Market. Points will be calculated with reference to the purchase price of eligible products, less applicable discounts and taxes as shown on each purchase receipt.You are required to present your membership number prior to payment in order to receive UBX Points. Points will not be granted on previously-completed purchases where a valid membership number was not presented prior to payment. UBX points, offers and other services and programs are offered by us, or other Program Participants, and may be offered to all Program members or any group of the Program members, as decided by us. Any offer may be time limited, and may contain additional terms and conditions, which will apply in addition to these Terms and Conditions. Each offer is only valid once, unless expressly stated otherwise in the terms of the offer. We may limit quantities of products on which a single Program member may earn UBX points. For example, we may make an offer of additional UBX points on the purchase of a particular product, and state that a Program member may only earn UBX points for a single purchase of that product, or for a purchase of any other number we specify. Without limiting our right to cancel your account in accordance with these Terms and Conditions, if you earn UBX points in a manner not permitted by these Terms and Conditions, we may deem, in our sole discretion, any such UBX points to be invalid and cancel them, which will result in the removal of such UBX points from your Account.
4. Redeeming UBX Points
To “redeem” means to use your UBX points to pay, or partially pay, for eligible purchases by using your membership number at the point of sale in Unboxed Market, following the instructions provided by the cashier. You can redeem the UBX points you earn for eligible purchases (see section 7 below for exclusions), or for any other purposes of which we may advise you from time to time.
UBX points have no cash value and are not exchangeable for cash. Except as permitted from time to time by UBX, UBX points cannot be assigned, exchanged, purchased or given by gift. UBX points cannot be sold, traded, bartered, rented or otherwise disposed of. UBX points are void if sold for cash or any other consideration.
You must redeem a minimum of 10,000 UBX points at a time, which are worth $10 in rewards at Unboxed Market (in-store only). If you want to redeem more than 10,000 UBX points at one time, you must redeem them in increments of 10,000 UBX points, each increment being worth $10 in rewards. The value of UBX points redeemed for purchases at Program Participants that offer redemption will be stated in redemption offers. There may be additional terms and conditions that accompany such offers. Please refer to specific offer details.
For example, if the amount of your purchase eligible for redemption at a Participating Store is $48, you can redeem 40,000 UBX points, and then pay the remaining $8 in cash or with an acceptable payment method. We may change the minimum redemption amount or redemption increments at any time, in accordance with these Terms and Conditions. You are not able to redeem UBX points for the payment of taxes.
The maximum value of UBX points that you can redeem in one transaction is $50.00, or such higher amount as may be set by us from time to time.
On occasion, we, or others acting with our permission, including Program Participants, may offer you redemption offers in certain stores or websites, or for particular products or services, such as an increase in the value of UBX points or a lower minimum redemption amount. There may be additional applicable terms and conditions that accompany such offers.
UBX points do not expire. However, we reserve the right to close your Account without notice if you do not earn or redeem any UBX points at least once every 1 (one) year, or for any reason set out in these Terms and Conditions. You can contact us to request the reinstatement of the value of your UBX points at the time your Account was closed, and have your account reinstated.
5. Other Rewards and Offers
Occasionally, through specified offers provided by Program Participants, additional rewards, prizes or benefits may be awarded for using your membership number. Any such offer may be time limited, and there may be additional applicable terms and conditions that apply to the offer.
Examples of rewards, prizes, or benefits that may be offered include instant savings, dollars off coupons, product offers, personalized pricing, and services offered by Program Participants.
Program Participants may provide you with different earning and redemption offers. There may be additional terms and conditions that accompany such offers. Please refer to the Program Participants’ offer details.
6. Earning and Redemption Exclusions
UBX points cannot be earned or redeemed for any of the following: (i) the purchase of alcohol, (ii) deposits (e.g., an Unboxed Market bottle deposit, as it is not a purchase), (iii) gift cards, (iv) gifts with purchases, (v) delivery charges, (vi) purchases made through non-participating licensed merchants located within or adjacent to UBX or Program Participants, (vii) any other products or services that may not legally be offered in connection with the Program, or (viii) any other products or services that we may specify from time to time or where prohibited by law. The Program may permit you from time to time to earn or redeem UBX points for some of the products and services listed above on a time-limited, promotional basis or otherwise, where permitted by law.
UBX points are not earned on the portion of a transaction that is being paid for by redeeming UBX points. UBX points you earn upon making a purchase cannot be redeemed for that purchase and can only be redeemed for a subsequent eligible purchase.
7. Other Earning and Redemption Rules
In any one transaction, UBX points may only be earned on a single Card, and may only be credited to a single Account.
If you return a purchase, your Account balance may be reduced by the number of UBX points earned for that purchase at our sole discretion. If a refund or correction is applied to your Account, your Account balance will be adjusted up or down by the number of UBX points related to the refund or correction, as applicable, and your Account balance may become negative. Upon the return or exchange of purchases earned through the redemption of UBX points, all redeemed UBX points will be forfeited and the member will receive the value of the returned product in the form of a gift card.
Our records of the number of UBX points earned, redeemed or deducted are deemed accurate. If you have a concern regarding your Account balance, you must contact us and provide relevant evidence within 25 days from the relevant transaction date to report any discrepancy. If we do not hear from you within 25 days, it means you agree with us about those UBX points.
Occasionally, through specified offers by UBX, or other Program Participants, you may be awarded additional UBX points (or other rewards, prizes or benefits) for being a Program member. These UBX points may not always be recorded on your receipt at the time of the transaction, in which event they will be recorded at a later purchase transaction date.
The number of UBX points displayed on your receipt at UBX, or on any website, email, mobile app or by any other method, may not reflect your current UBX points balance according to our records. To the extent permitted by law, we accept no liability for any errors in the UBX points balance displayed on any website, email, mobile app or other method. If any UBX points are awarded to your Account in error, we reserve the right to deduct the number of UBX points awarded in error at any time and without notice to you. We are not obligated to honour a request to redeem UBX points added to an Account in error. UBX points will not be awarded if in our reasonable opinion the products purchased will be used for resale or commercial use and any UBX points awarded on such purchases will be forfeited. We reserve the right to limit UBX points awarded with respect to any offer to reasonable household quantities. If a Program member was awarded UBX points for an offer in which a member purchased product in excess of reasonable household quantities, the UBX points awarded as a result of that offer may be forfeited without prior notice.
At the sole discretion of UBX, you may be permitted to transfer your UBX points to another Program member. Upon the death of a Program member, the member’s Account will be closed and any UBX points in the Account will be forfeited. UBX points are not divisible in the case of divorce or equalization of family property.
Should you choose to close your Account, you will have 25 days to redeem any UBX points accumulated in your Account. Any UBX points not redeemed after 25 days from the closure of your Account will be forfeited and removed from your Account.
You may donate your UBX points to the charities that we may specify from time to time. Contact us for details.
8. Pooling Your UBX Points Through a Household
Pooling of points is not currently permitted in the UBX Loyalty Program.
9. Changes to the Program
We reserve the right to restrict, suspend or otherwise change any aspect, term or condition of the Program. We may modify all or one or more parts of these Terms and Conditions at any time, including, without limitation, the following elements:
In the event the Terms and Conditions, or any aspect of the Program, is restricted, suspended or changed, we will provide you advance notice by posting the amended Terms and Conditions online at www.unboxedmarket.com, and by sending you notice using your email or mailing address. Your continued participation in the Program following such notice will constitute your consent to any amendments to these Terms and Conditions, or any other aspect of the Program. In the event that the amendment entails an increase in your obligations or a reduction in our obligations and you do not agree to such amendment, you may close your Account and cancel your participation in the Program without cost or penalty. You will then have 25 days to redeem any UBX points in your Account. Any UBX points that are not redeemed after 25 days will be forfeited. See section 4 about how you may reinstate any forfeited UBX points after your Account is closed.
10. General
By participating in any aspect of the Program, you (and your parent or legal guardian on your behalf, as the case may be) agree to be bound by these Terms and Conditions. These Terms and Conditions may be amended from time to time and you should check www.unboxedmarket.com regularly for any updates.
You are responsible for protecting and keeping secure your Account and any password or security questions used in connection with your Account.
We reserve the right to terminate the Program, or any part of it, at any time on 45 days prior written notice (to be provided at Unboxed Market, on our website, or through other communications to Program members, including via email). If the Program is terminated, you will have up to 45 days after the effective termination date to redeem any UBX points in your Account. After the expiry of the 45-day period, any UBX points that have not been redeemed will be forfeited.
We reserve the right to sell or transfer all or part of the Program to a related company or to a third party, to merge with another entity or to engage in any form of corporate, reorganization or financing transaction. In addition, the manner in which the Program is provided to you and the organizations providing offers in connection with the Program may change. Please refer to our Privacy Policy at www.unboxedmarket.com for details as to how your personal information would be handled in such cases.
If any of the information you were required to submit when you registered for the Program changes (such as your name, mailing address, email address or phone number), you must let us know immediately and give us your current information. We are not responsible if we cannot contact you because you have not given us current, accurate information.
We reserve the right to refuse to allow you or any person you seek to add to your Account to join the Program for any reason in our sole discretion, including for not meeting the eligibility requirements or for having a membership cancelled previously.
We may, at any time, suspend or cancel your participation in the Program, if, in our view, you have abused any Program privilege, failed to follow these Terms and Conditions, or made any misrepresentation to us or to any entity associated with or participating in the Program. In the event that your participation in the Program is cancelled, all accumulated UBX points in your Account may also be forfeited and removed from your Account.
To the extent permitted by law, by participating in the Program, you (and your parent or legal guardian on your behalf, as the case may be) agree to release and discharge us, our subsidiaries, and any other third party that may from time to time participate in the Program (whether as a participant or in an administrative, operational or other capacity), and our, and each of their respective officers, directors, agents, representatives, successors and assigns, from any loss, liability, claim, demand, damage or expense asserted by any person or entity relating in any way to the Program, your participation in the Program or the redemption and use/misuse of any item obtained through the redemption of UBX points or otherwise in connection with the Program.
We reserve the right to withdraw or temporarily change or suspend all or part of the Program in any way, in the event of a material error, omission, technical problem, computer virus or bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond our reasonable control that interferes with the proper conduct of any aspect of the Program as set out in these Terms and Conditions. Any attempt to deliberately damage any website or to undermine the legitimate operation of the Program in any way (as we may determine in our sole discretion) could be a violation of criminal or civil laws and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law.
Our failure to exercise any of our rights, powers or remedies in these Terms and Conditions or at law, or any delay in doing so, does not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the exercise of any right, power or remedy.
Words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires, and the word “including” means “including but not limited to”. Any dollar amounts referenced in connection with the Program or these Terms and Conditions are referenced in Canadian dollars.
Each of the provisions contained in these Terms and Conditions is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other provision of these Terms and Conditions.
11. Governing Law and Dispute Resolution
These Terms and Conditions are governed by the laws of the province of Ontario and the federal laws applicable in Ontario, without reference to conflict of laws provisions. However, in respect of residents of Quebec, these Terms and Conditions are governed by the laws of the Province of Quebec and the federal laws applicable in Quebec.
NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN THE PROVINCE OF QUEBEC.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Program, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate any intellectual property right of UBX, its affiliates or subsidiaries or any third party, or any privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by UBX, its affiliates or subsidiaries or the applicable third parties.
12. How to Contact Us
If you have any questions about the Program, please go online at www.unboxedmarket.com or call 416-533-9017.
MONDAY-SATURDAY 10AM-7PM
SUNDAY 10AM-6PM
CLOSED FOR STAT HOLIDAYS UNLESS OTHERWISE NOTED
