Terms and Conditions
Terms and Conditions
Welcome to Misfitsbox!
a) Parties:'You' and 'your' refer to you, as a user of the Service who accesses or browses in any way uses the Service. 'We', 'us', and 'our' refer to “Misfitsbox”.
i. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
ii. “User Content” means Content that users submit or transmit to, through, or in connection with the Service.
iii. “Misfitsbox content” means content that we create and make available in connection with the service.
iv.“Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content and Misfitsbox content.2. YOUR STATUS
By placing an order through our site, you warrant that:
. You are legally capable of entering into binding contracts; and
. You are at least 18 years old;
. You are resident in the Serviced Provinces3. ACCOUNT REGISTERATION:
“We” does not deliver to every location, so please check our map to see if delivery is available in your area. We actively are expanding the reach of Misfitsbox, so we recommend that you create an account, and we will notify you when we launch in your area.
For registered users:
i. Your subscription will automatically renew weekly/bi-weekly (based on your preference) until you cancel it.
ii. You can skip a delivery or cancel your membership at any time.
iii. We offer multiple delivery days. We will notify you before scheduled delivery
iv. If you are not home, we will leave the package at your door unless you provide instructions to leave the box at specific location
v. In case of bad weather, we will deliver your order as quickly as possible, conditions permitting. If we cannot reschedule the delivery during that week we will provide the appropriate credit or refund.
vi. If we are unable to deliver the package to you and we have not proactively contacted you to make you aware of the issue and the remediation please email us at firstname.lastname@example.org
vii. To improve your customer experience, we may contact you by telephone or text message to share important information about deliveries, orders, payments, etc.5. PRICING AND PAYMENT
Product prices include applicable taxes, delivery charges may apply. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a confirmation. You may change your payment method at any time by updating your account information. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to charge your selected payment method, as it may be updated. This may result in a change to your payment billing dates. If you register for a weekly/bi-weekly membership, your subscription will automatically renew until you cancel it, and you are enrolled to receive shipments each week (weekly delivery). you may turn on/off a weekly/bi-weekly delivery any time per the cancelation details listed below. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this agreement. Skipping weekly deliveries and/or order cancellation requests require advanced notice to Misfitsbox. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancellation will take effect the next week.6. REFUNDS
If you terminate our service or request a refund within the applicable notice period, we will process the full refund (including any applicable delivery charges) within 30 days of your notice of deactivation or within 30 days of your confirmation from us that you were entitled to a refund. If all or part of a product is considered defective, we will credit you an amount equivalent to the value of the defective item towards a future purchase, including any applicable delivery charges and any reasonable costs you incur in refusing the defective item. Your refund will processed in the same method used to pay for you product.7. CHNAGES TO TERM OF SERVICE:
We may modify the terms from time to time. You are personally responsible for reading terms & conditions. You should revisit these terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the service after any posted modification to the terms indicates your acceptance of the modifications.8. UASAGE GUIDELINES:
We request that every user should use website in a way that they always have a good experience
You agree not to, and will not assist, encourage, or enable others to use the service or enable other to:
i.Violate our content guidelines, for example, by writing a fake request, place a fake order etc.
ii. Violate any third party's rights, including any breach of confidence, copyright, privacy right, right of publicity, or any other intellectual property rights;
iii. Engage in keyword spamming
iv. Solicit personal information from minors,
v. Violate any applicable law.
vi. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means
vii. Use the service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the service or service content9. LIMITED WARRANTY AND DISCLAIMER
We warrant to you that any product purchased from us through our site or apps will, on delivery, confirm with its description, be of satisfactory quality. Our responsibility for defective products is limited to replacement or refund. Likewise, our responsibility for defective services is limited to re-performance or refund. Misfitsbox does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the site or in respect to any site that can be reached from a link on the site or featured in any banner or other advertising on the site, and “we” shall not be a party to any transaction that you may enter into with any such third party.10. LIMITATION OF LIABILITY
The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty, and we disclaim all other warranties, express or implied. Our liability will under no circumstances exceed the actual amount paid by you for the defective product or service that you have purchased from us, nor will we under any circumstances be liable for any consequential, incidental, special or punitive damages or losses, whether direct or indirect. similarly, under no circumstances shall Misfitsbox be liable for any exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use the services, (ii) the cost of procurement of substitute goods or services, (iii) errors, mistakes, or inaccuracies in the materials on the site, (iv) personal injury (including without limitation any allergic reactions to any products received through the services) or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, Trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the site, or (v) any errors or omissions in any material on the site or any other loss or damage of any kind arising from or relating to your use of the services. The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction. You agree that it is your sole responsibility to ensure that any products you obtain through the services are suitable for you and to ensure that you do not order any products that you may be allergic to.11. INDEMNIFICATION
you shall indemnify and hold Misfitsbox and its subsidiaries, affiliates, licensors, officers, agents, and employees, harmless from all claims, threats, actions, proceedings, demands, damages, losses, obligations, costs, and expenses including reasonable attorneys' fees, made by any third party due to or arising in connection with your use of the services, any violation by you of these terms, or any violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you here-under, and you shall cooperate as fully reasonably required by us.12. LAW AND JURISDICTION
These terms or any dispute or claim arising out of or in connection to the purchase of products, or related to contracts and/or their formation, will be governed by the laws of the province of Ontario and the federal laws of Canada without regard to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of Ontario for any disputes related to these terms. you expressly agree: (i) to submit to the exclusive personal jurisdiction of the courts of Ontario; and (ii) that the products and the services shall be deemed passive and not give rise to the personal jurisdiction over Misfitsbox, for either specific or general jurisdiction, in jurisdictions other than Ontario.