WWW.PADSNTAMPONS2GO.CA IS FULLY OWNED AND OPERATED BY “MY LILY LTD”.
TERMS OF SERVICE
Last updated on January, 2019.
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR” “CUSTOMER”) AND Padsntampons2go.ca THE OWNER AND OPERATOR OF THE WWW.PADSNTAMPONS2GO.CA WEBSITE (THE “SITE”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND SUBSCRIPTIONS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR SUBSCRIPTIONS TO, THE SITE.
By signing up for a SUBSCRIPTION (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless Padsntampons2go.ca if your child breaches or disaffirms any term or condition of this Agreement.
1 CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 CHANGES TO TERMS
Padsntampons2go.ca may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you. Padsntampons2go.ca also reserves the right to modify this Agreement at any time. When we make changes to the Agreement, we will revise the “Last updated” date at the top of the Agreement and we will notify you of the changes by prominently posting a notice of such changes on the Site and/or by sending you an email. We encourage you to review this Agreement whenever you visit the Site. By continuing to access and use the Site after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.
1.2 PERSONAL INFORMATION/PRIVACY
Customers agree to provide accurate, current, and complete information as required for the purchase of the Products .
2 PASSWORDS; USE OF SITE
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Padsntampons2go.ca if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.
2.2 USE OF SITE; INTELLECTUAL PROPERTY RIGHTS; PROHIBITIONS
Subject to your compliance with this Agreement, Padsntampons2go.ca hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Site and Content automatically terminates without notice to you.
Padsntampons2go.ca owns all right, title and interest in and to the Content and the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any kind in any Content you may access on or through the Site. Padsntampons2go.ca is a trademark of MyLily Ltd. Unauthorized use is strictly prohibited.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or Content or otherwise attempt to gain unauthorized access to any portion of the Site or Content or any other systems or networks connected to the Site, or to any server of Padsntampons2go.ca or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Site or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; (e) use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.
2.3. USER SUBMISSIONS
The Site may offer users the opportunity to post articles, comments, photographs, videos, artwork, and other content and other materials on the Site (collectively “User Submissions”). By making a User Submission, you grant to Padsntampons2go.ca an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Submissions throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that Padsntampons2go.ca is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Padsntampons2go.ca without any monetary or other obligation to you. To the maximum extent permitted by law, you waive any and all “moral rights” you may have in User Submissions.
You agree not to post on or transmit to the Site or otherwise provide to Padsntampons2go.ca any User Submission or other material that:
• is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner;
• is an advertisement or promotion for any product or service that is not an approved product of Padsntampons2go.ca;
• is false, misleading, or constitutes an unfair or deceptive trade practice;
• promotes the use of alcohol, tobacco, or any illegal substance;
• constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
• infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
• is false or misleading; or
• contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
You are solely responsible for your User Submissions and you agree to defend, indemnify and hold harmless Padsntampons2go.ca and its officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your User Submission, including, but not limited to, any Claim arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Submissions may be published and that Padsntampons2go.ca has no obligation to keep such User Submissions confidential. You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party. Padsntampons2go.ca shall have no obligation to store, keep copies of or return any User Submissions.
Padsntampons2go.ca reserves the right to take any action with respect to User Submissions that it deems necessary or appropriate in its sole discretion if Padsntampons2go.ca believes any User Submission violates this Agreement, is inappropriate for the Site, may create liability for Padsntampons2go.ca, or may cause Padsntampons2go.ca to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User submissions, either with or without notice to you.
3 TERMS OF SALE
3.1 SALES OF PRODUCTS AND SUBSCRIPTIONS TO END USERS ONLY
Padsntampons2go.ca sells tampons and sanitary napkins (the “Product(s)”) from the Site to end-user customers who Subscribe to monthly Subscriptions to receive the Products (“SUBSCRIPTION(s)”) only for their own personal, non-commercial use. You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscriptions and all rights and privileges conferred are personal and non-transferable.
Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on the Site at: http://www.Padsntampons2go.ca. The price that we will charge you for the Products or Subscriptions will be the price as posted on the Site on the date you first sign-up for a Subscription to the Site. Padsntampons2go.ca reserves the right to change prices for Products and Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
3.3 PAYMENT METHODS; AUTOMATIC SUBSCRIPTION RENEWALS AND SUBSCRIPTION CANCELLATION POLICY
Padsntampons2go.ca accepts credit card payments, which is collected by a third party. All credit card and payment information is stored by the said third party to ensure complete privacy and security of the consumer’s payment credentials.
You agree to pay all fees charged to your account based on Padsntampons2go.ca’s prices, fees, charges, and billing terms in effect as shown on the “subscribe today” page you first sign-up for a SUBSCRIPTION to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or SUBSCRIPTIONs based on the address that you provide as the shipping address when you register for a SUBSCRIPTION, and you authorize Padsntampons2go.ca or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. These taxes and fees will clearly be listed on the final checkout page for your review before submitting your payment credentials.
All payments for first-time and recurring monthly subscriptions to Padsntampons2go.ca will be made prior to any shipments of products or services by Padsntampons2go.ca. If for any reason Padsntampons2go.ca cannot charge your stored credit card, no shipments of products or Services will be sent out by Padsntampons2go.ca. This suspension of service will remain in effect, until you updated payment information.
IMPORTANT NOTICE TO CONSUMER: Padsntampons2go.ca will automatically renew your SUBSCRIPTION based on the amount of time recurring time period provided by you at the time of SUBSCRIPTION sign-up. Any taxes and fees associated with your listed shipping address will be applied to your recurring monthly billing statement, as authorized at the time of initial SUBSCRIPTION.
You may cancel your SUBSCRIPTION at any time by logging into Padsntampons2go.ca, and then changing your subscription settings under the “My Account” tab. To ensure that our package/products arrive before your scheduled period, we charge your card approximately 7 days before your scheduled period. In order to make sure that your cancellation request is processed before your next monthly package is shipped, you must cancel your SUBSCRIPTION before the 8 days or sooner before your expected period begins. If you have any questions and/or concerns please e-mail [email protected] Padsntampons2go.ca requires a reasonable amount of time to process your SUBSCRIPTION cancellation request.
4 PROPRIETARY RIGHTS
You hereby acknowledge and agree that Padsntampons2go.ca or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Padsntampons2go.ca is a trademark of MyLily Ltd. in Canada. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Padsntampons2go.ca, Copyright © 2019 MyLily Ltd. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5 THIRD PARTY SITES; INDEMNIFICATION
5.1 THIRD PARTY WEB SITES
You hereby agree to defend, indemnify and hold each of the Padsntampons2go.ca Parties (as defined in Section 6.1 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.
6 DISCLAIMER OF WARRANTIES
THE SITE, CONTENT, PRODUCTS AND SUBSCRIPTIONS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. PADSNTAMPONS2GO.CA, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “PADSNTAMPONS2GO.CA PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR SUBSCRIPTIONS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR SUBSCRIPTIONS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR SUBSCRIPTIONS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND SUBSCRIPTIONS.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND PADSNTAMPONS2GO.CA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PADSNTAMPONS2GO.CA OR ANY PERSON ON BEHALF OF PADSNTAMPONS2GO.CA SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 6 SHALL EXCLUDE OR LIMIT THE PADSNTAMPONS2GO.CA PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
7 LIMITATION OF LIABILITY
7.1 IN NO EVENT SHALL ANY PADSNTAMPONS2GO.CA PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A PADSNTAMPONS2GO.CA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 IF, NOTWITHSTANDING THE FOREGOING, A PADSNTAMPONS2GO.CA PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR SUBSCRIPTIONS, THE RELEVANT PADSNTAMPONS2GO.CA PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID PADSNTAMPONS2GO.CA FOR THE PRODUCTS OR SUBSCRIPTION, AS APPLICABLE; AND (B) THE SUM OF TEN CDN DOLLARS (CDN$10).
7.3 NOTHING IN THIS SECTION 7 SHALL EXCLUDE OR LIMIT ANY PADSNTAMPONS2GO.CA PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH PADSNTAMPONS2GO.CA PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8 DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
8.1 DISPUTE AND ARBITRATION; CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting our customer service department at [email protected] The unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), We each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO PADSNTAMPONS2GO.CA’S ENFORCEMENT AND PROTECTION OF ITS INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Alberta Arbitration Act and Alberta arbitration law apply (despite the choice of law provision in Section 8.2 below).
ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Padsntampons2go.ca has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Padsntampons2go.ca for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the Alberta Arbitration and Mediation Society(AAMS) in Edmonton, Alberta, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Alberta Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Alberta Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAMS fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
8.2 CHOICE OF LAW
This Agreement is governed by the Alberta Arbitration Act, applicable Alberta law, and the laws of the province of Alberta, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
9 ELECTRONIC COMMUNICATIONS; GENERAL TERMS
9.1 ELECTRONIC COMMUNICATIONS
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
9.2– GENERAL TERMS