On certain pages of our Website, we might ask you to agree to extra terms (the Additional
Terms). If any Additional Terms conflict with these Terms, the Additional Terms will
prevail.
We reserve the right to modify or otherwise update this Agreement at any time by
posting the modified version on our Website and App and revising the Effective Date. If you continue to
use our Services after the Agreement has changed or notice of the change has been given, you will be
deemed to have accepted such changes. Here we’re basically letting you know that to use our service you
have to accept these terms. Also, as we grow and our Services evolve, we may need to modify these Terms.
You are expected to check this page from time to time so you are aware of any changes, as they are
binding on you.
Your privacy is extremely important to us! These terms include our privacy policy (thePrivacy
Policy) found athttps://www.boxzmarket.com/privacy-policy,
which outlines how we handle your information. You should read our Privacy Policy carefully before
using our Services because by using our Services, you agree that we can collect, use, and share your
information (but only in ways consistent with the Privacy Policy). We also want you to know that if
these Terms conflict in any way with the Privacy Policy, then these Terms will prevail.
Your Account
You need an account on our App to access our Services. Using our
Services requires data network access. You are solely responsible for all fees charged by your
wireless service carrier related to your use of the Services (e.g., data usage fees). You shall also
be responsible for acquiring and updating the equipment necessary to access our
Services.
Only those who are 18 years of age or older and who reside in the United
States or Canada. are allowed to use or access our Services or to create an account. If you are not
legally an adult based on your local laws, you need to get a parent or guardian to agree to these
Terms on your behalf.
We try to make our Services as accessible as possible, but we know
that there is always room for improvement! If you have any trouble accessing our Services, please
contact us by email at
support@boxzmarket.com. You have to be 18 to use our
app! We thought long and hard about this, so at this point in time we set the age requirement to 18.
Although we will attempt to make our app compatible with most smartphones, it is your responsibility
to ensure you have the right hardware/equipment to use the
app.
Security
You are solely responsible for the security,
maintenance, and all other aspects of your Boxz account. By using our Services you agree that
the account information you provide us with is accurate. We suggest that you take precautions to
safeguard your account, including selecting a strong password. By using our Services, you also agree
not to do the following with respect to your account:
While you are free to choose any username that complies with these Terms, be aware that we can
reclaim your username at our discretion.
Any issues with account access or security can
be addressed by email at
support@boxzmarket.com. Please contact our support team
right away if you know or have reason to believe that your account has been accessed without your
permission.
It’s
really important that the email address associated with your Boxz account is accurate and
up-to-date. It will be the main way for us to communicate with you and work around account issues.
Stay safe out there, the internet world is a scary place..
Our Services allow users of our Website and App (you, the
Shopper) to browse and search for surplus products by store (by
Partner).
Boxz does not, in any way, manufacture, sell, store, prepare,
produce, process, package, advertise, promote, deliver or handle any products. All
products shown on the Website or App are sold by Partner to you. Boxz is solely facilitating
the transaction between you and the Partner and has no responsibilities regarding the products
or the fulfillment of any contract between you and the Partner. Any information about products
(including any product images, pricing, savings, ) are made by the Partner and not Boxz.
There may be instances where the Website
or App is not updated or where the actual product range, price, description, stocked items, etc. are
not as stated on the Website or App. In these cases, Boxz does not have any responsibility and
it is the responsibility of the Partner store to ensure that information is accurate, not
misleading, up to date, and compliant with all applicable laws (including relating to product sales
and disclosures).
Boxz strives to select suppliers who: 1) believe in the
fundamental benefits associated with reducing waste; 2) are reputable businesses, accredited (if
required) and in good standing with the Canada Revenue Agency and any other applicable government
authority; You acknowledge that Boxz has no obligation to verify the references, experience or
qualifications of any Partner. If you wish to lodge a complaint about a Partner, please contact us
by email at the following address
support@boxzmarket.com.
You acknowledge that Boxz has no duty to verify any stated credentials, experience or
qualifications of any Partner. If you wish to file a complaint regarding any Partner, please
contact us
by email at the following address
support@boxzmarket.com.
We take great pride
in selecting Partners that are at the top of their game! Nevertheless, we cannot guarantee the
quality of their products and services. If you have had a negative experience with one of our
Partners, please let us know and we will work to resolve any issues.
Boxz does not charge any upfront fees for using our Services. As the Shopper, Boxz’s
Services are provided to you to facilitate your purchase of products from Vendors. Shoppers are
able to use our App to browse Vendors’ products available for purchase and your
payments for purchased products are made through our App.
Unless otherwise stated, for
purchases from Vendors in
Canada, all fees are quoted in Canadian currency. Unless otherwise stated, for purchases from
Vendors in the U.S., all fees are quoted in U.S. currency. We currently only accept Visa, Visa
Debit, Mastercard, and American Express for payments. You will be asked to provide at least one
valid payment method when registering a Boxz account and to designate a preferred payment
method. We encourage you to keep the payment information you provide us with up-to-date. If you do
not do so, you authorize us to continue using the provided payment information to bill for our
Services until we receive notice that it is no longer valid. Please read section 9 below, entitled
“Ending or Changing our Services” for details on cancellation of Services and
charges.
Prices for the
products are those set out at the time of purchase; no refund will be granted if the prices
change after the moment of the transaction.
To the extent you are granted any credits or
rewards, the
use of such credits or rewards is limited to our Services and may be subject to additional terms and
conditions.
We use third party processors (such as Stripe) to process payments made
through our Services. The third parties collect the data and personal information you submit when a
payment is made. By submitting personal information to a third party processor, you consent to such
collection and storage. The third party processors may be located in countries other than Canada,
such as the United States. Please review section 7 below, entitled “Rights of Third parties” for
additional information on the relationship of third parties to our Services.
You may be
charged local sales tax or VAT, if
applicable.
Refund Policy
Refunds are available on a case by case basis for payments processed through
our services. Boxz will, however, review requests for refunds on a case-by-case basis. If you
are at any time dissatisfied with a product purchased through our Services, please contact us by
email at
support@boxzmarket.com.
We want to make sure that our Services provide a respectful environment for all of our users. That is
why in order to use our Services, you must agree:
It’s really important to us that you only use our Services for their intended manner - there’s no
room for creativity here. Please be considerate and don’t do any “unintended” things listed
above.
Your Rights
Agreeing to these Terms grants you a license to use and access our
Services. You agree to only use your license in a way that complies with these Terms. Your license
is personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and
non-sublicensable.
Our Rights
When you register an account with us, you can agree that we may send you certain
communications in connection with the Website or the App. For example, you can agree to receive
updates and notifications from us regarding your account by email, phone call, or via the
App.
While we appreciate any feedback you have for us, you should know that you are not
entitled to compensation for any ideas you provide us.We may immediately, without notice, terminate
this Agreement and/or stop providing access to the Boxz platform if (i) you have materially
breached your obligations under these Terms, the payments terms, our policies or standards, (ii) you
have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith
that such action is reasonably necessary to protect the property of Boxz, its shoppers or
partners, or third parties (for example in the case of fraudulent behavior and/or disputing credit
charges without cause and without first contacting Boxz to attempt to resolve the
issue).
Boxz reserves all rights not expressly granted to you in these Terms.
In this section, we’re letting you know that we will be sending you some communication from time to
time regarding the service…some will be informative, others could include ways to save more
money!
While the majority of our Services are developed and owned by us, some of it will belong to or will
be provided by other companies, groups, or agencies (the Third Parties) . Third
Parties and the services they provide will be subject to their own set of terms, which might be very
different from these ones, so make sure you read them before using any Third Party services,
features, products, or functionality. Boxz does not take responsibility or liability, directly or
indirectly, for the Third Party services or terms, nor are we responsible or liable, directly or
indirectly, for any Third Party content that fails to conform to these Terms or our other policies
or any damage or loss which is caused or alleged to have been caused in connection with the Third
Party’s services. Some of the content on our Services is made available by publishers, users, and
other Third Parties.
These Terms do not create or confer any third party beneficiary
rights.
Similar to any company out there, we rely on the network services to get things
done and deliver an awesome product. Although we aim to partner with companies with similar values,
we cannot guarantee everything… and so we caution you to review any third party terms prior to
continuing… we cannot guarantee their terms are as fun and reader friendly as ours.
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by Boxz, its licensors, or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use
only.
We respect the intellectual property rights of others, and we expect you to do the
same. Copyright owners may contact us to request the removal of any infringing content. In certain
circumstances, we may terminate users of our Services who infringe the copyright(s), or other
intellectual property rights, of others. If you believe that any material that can be accessed via
our Services infringes a copyright that you own or control, please let us know by
email at support@boxzmarket.com.
You may notice that parts of our Services change over time. This is all part of our pledge to deliver
the best service to our users. To make that happen, we may update, change, remove, replace, stop or
suspend our Services or any part of our Services at any time, without notice.
If you are
unhappy with our Services, or decide that you no longer want to be bound by these Terms, you can
terminate your Agreement with us by cancelling your Boxz account by email at
support@boxzmarket.com.
We can also
terminate the Agreement for a number of reasons, like if we decide that you have breached these
Terms or if your account has been inactive for a prolonged period of time. Any outstanding balance
on your Boxz account becomes immediately due and payable upon termination of the Agreement for
any reason and any remaining credits you may have on your account will expire upon
termination.
Even after this Agreement is terminated, you and Boxz will both still be
bound by sections 7, 8, and 10-18 of these Terms. Additionally, we accept no liability relating to
the termination of this Agreement, the termination of your account, or any content that may be
deleted along with your account.If we need to contact you about these Terms, you: (i) agree to
receive electronic messages from us; and (ii) agree that all terms and conditions, notices,
disclosures, agreements, and other messages we send you electronically satisfy all legal
requirements as if they were in writing.
TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOXZ AND ITS EMPLOYEES, OFFICERS, AGENTS,
DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY
KIND, INCLUDING, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (AND
INCLUDING TO ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO INTELLECTUAL PROPERTY RIGHTS OR
THIRD PARTY RIGHTS INFRINGEMENT, PROPERTY DAMAGE, IDENTITY THEFT, LOSS OF PRIVACY, LOSS OF DATA,
LOSS OF PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH
YOU USE, MISUSE, OR RELIANCE UPON OUR SERVICES, OR YOUR INABILITY TO USE OUR SERVICES, REGARDLESS OF
THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING
NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF BOXZ
KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULL EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF Boxz AND
ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS
TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE, MISUSE, INABILITY TO USE, OR RELIANCE ON OUR
SERVICES OR ANY CONTENT THEREIN EXCEED ONE HUNDRED CANADIAN DOLLARS ($100 CDN).
BOXZ
IS ONLY RESPONSIBLE FOR THE SECURITY OF THE COMPUTER SYSTEMS IT OWNS AND OPERATES. BOXZ IS NOT
LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY
NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS OR MAKE USE OF OUR SERVICES.TO THE
FULLEST EXTENT PERMITTED BY LAW, BOXZ AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS,
LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY COSTS, EXPENSES,
LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, AND WHETHER ECONOMIC OR OTHER) ARISING
OUT OF OR IN CONNECTION WITH A PARTNER’S SUPPLY OF PRODUCT UNDER THIS AGREEMENT (INCLUDING WITHOUT
LIMITATION, PRODUCT QUALITY, PRODUCT CLAIMS AND REPRESENTATIONS, AND PRODUCT REGULATORY
ISSUES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE.
THUS, PORTIONS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT OUR SERVICES WILL BE SUITABLE FOR EVERY PERSON IN
EVERY CASE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER ANY INFORMATION YOU RECEIVE AS PART
OF THE SERVICE IS APPLICABLE FOR ANY PARTICULAR PURPOSE..
WE HAVE MADE ALL REASONABLE
EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS WEBSITE AND APP. HOWEVER, WE CANNOT AND DO NOT
GUARANTEE, REPRESENT, OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDATION, STABILITY AND
AVAILABILITY OF OUR SERVICES (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER
ITEMS IN THE CONTENT CONTAINED WITHIN OUR SERVICES). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY
EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. OUR SERVICES AND CONTENT THEREIN ARE PROVIDED ON AN
"AS IS" BASIS. NOTHING IN OUR SERVICES CONSTITUTES ADVICE, NOR SHOULD OUR SERVICES, OR ANY PART
THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT OUR SERVICES WILL
BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL COMPONENTS
OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
USE OF OUR SERVICES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE HEREBY
DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR
IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF OUR SERVICES
OR THE CONTENT THEREIN, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY
OF THE FOREGOING.
You agree to indemnify, defend, and hold harmless Boxz, our directors, officers, employees,
suppliers, affiliates, agents, and their respective successors and assigns against any and all
complaints, losses, damages, suits, charges, claims, costs, liabilities, and expenses, including,
legal fees and disbursements, resulting from, arising from, or relating to, directly or indirectly:
(1) your use of, misuse of, reliance upon, or access to, our Services; or (2) your breach of these
Terms. Boxz reserves the right, if it so chooses, to assume the exclusive defense and control
of any matter that you are required to indemnify at your expense. You agree to cooperate with our
defense of any such claim, including foregoing acceptance of any offers to settle and refraining
from making any such offers without the consent of Boxz. We will make a reasonable effort to
notify you of any claim that is captured by this section.
This agreement is to be governed by and construed under the laws of Quebec, Canada, excluding any body
of law governing conflicts of laws. You irrevocably waive any objection on the grounds of venue,
forum non-conveniens or any similar grounds and irrevocably consent to service of process by mail or
in any other manner permitted by applicable law. You also waive any right to a trial by jury with
respect to any lawsuit or judicial proceeding arising or relating to this
Agreement.
If the courts in your jurisdiction will not permit you to consent to the
jurisdiction and venue of Quebec, Canada, then your local jurisdiction and venue will apply to any
disputes arising out of or related to this Agreement. You agree that neither the United Nations
Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information
Transactions Act shall apply to this Agreement.
Boxz is based in Canada. We provide this Website for use only by persons located in the United States
and Canada. We make no claims that the Website or any of its content is accessible or appropriate
outside of the United States or Canada. Access to the Website may not be legal by certain persons or
in certain countries. If you access the Website from outside the United States or Canada, you do so
on your own initiative and are responsible for compliance with local laws.
The validity and enforceability of these Terms as a whole will not be affected by any part of these
Terms being found unenforceable or invalid. If such a situation arises, the invalid or unenforceable
part will be severed from these Terms.
These Terms are not assignable, transferable, or to be sub-licensed by you except with Boxz’s prior
written consent. Boxz may assign, transfer, or delegate any of its rights and obligations hereunder
without your consent.
Boxz's decision not to enforce a provision in these Terms will not constitute a waiver of that
term. Throughout these Terms, the word “including” will mean “including without limitation”.
These Terms constitute the final, exclusive, and entire agreement between you and
Boxz. Any prior agreement you may have had with Boxz is superseded by these Terms.
CONTACT US
Boxz welcomes comments, questions, or suggestions.
Please send us an email at
support@boxzmarket.com.
