Terms of Service

OVERVIEW

This website is operated by Hello Parts International Co., Ltd. Throughout the site, the terms “Hello Parts”, “we”, “us” and “our” refer to Hello Parts International Co., Ltd. Hello Parts International Co., Ltd. offers this website (the “Site”), including all information, tools, products, and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.

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” or “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, and including any agents or representatives of the foregoing.

Please read these Terms of Service carefully before accessing or using our Site. 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 the Terms of Service, then you may not access the Site 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, information, tools, products, or services which are added to the current store located within the Site 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 the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or other applicable jurisdiction of residence, or that you are the age of majority in your state, province or other applicable jurisdiction 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 our Service, violate any laws in your jurisdiction of residence (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 access to and permission to use our Service.

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 the 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 our Service, use of our Service, or access to our Service or any contact on the Site through which our Service is provided, without express written permission by us.

The headings used in these Terms of Services are included for convenience only and will not limit or otherwise affect these Terms.

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 strictly 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 the Site. You agree that it is your responsibility to monitor changes to the Site.

MODIFICATIONS TO OUR SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue our 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 our Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the Site. 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 in the online store. We cannot guarantee that your computer or device 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 from time to time on a case-by-case basis in our sole discretion. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services or product or service pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product or service 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, tools, features or other material purchased or obtained by you will meet your expectations, or that any errors in our Service will be corrected.

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 in our online 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.

TRY BEFORE BUYING OFFER

If you purchase a participating product (the “Product”) using our Try Before Buying offer, you get seven (7) nights (the “Trial Period”) to try a Hello Parts for free.

WHEN YOU CHECK OUT WITH A PHONE CASE, AIRPODS CASE, OR OTHER PRODUCT FROM OUR TRY BEFORE BUYING OFFER, WE WILL VERIFY THE CREDIT CARD INFORMATION BY PLACING AN AUTHORIZATION FOR THE FULL AMOUNT OF PURCHASE ON THE CREDIT CARD YOU PROVIDE TO US. THIS HOLD IS FOR SECURITY PURPOSES AND YOU WILL NOT ACTUALLY BE CHARGED UNTIL THE END OF YOUR TRIAL. IF YOU’RE DISSATISFIED FOR ANY REASON, YOU CAN INITIATE A RETURN BY EMAILING HELLO@Hello Parts.COM WITHIN FOURTEEN (14) DAYS OF COMPLETION OF THE PURCHASE. FROM THERE, WE WILL START A RETURN BY ISSUING YOU A RETURN LABEL. SEND YOUR PRODUCT BACK TO US, AND WHEN WE RECEIVE IT WE WILL PROMPTLY ISSUE A REFUND OR CANCEL THE PENDING CHARGE.

You agree to return the Try Before Buying Product to us in its original condition within the Trial Period, using the pre-paid return packaging we provide. If the Trial Period ends, and the return has not been initiated, or the Product is returned damaged, we will charge your credit card for the full amount of the Product that has not been returned or is damaged.

That means this charge applies to the Product that you decided to keep or is lost, stolen, or damaged. By submitting your Try Before Buying order, you authorize Hello Parts to charge your card for the full retail price (as displayed on our Site) for each applicable Product, plus sales tax where applicable, if you do not return your Try Before Buying Product according to the guidelines in this section. However, we know things come up, so if you need an extra day or two, no problem. Just get in touch, and we’ll work something out. We’re available at hello@Hello Parts.com 

If you decide to purchase the Product you received during the Trial Period, no further action is required. Simply keep using your Product.

CURRENTLY, OUR TRY BEFORE BUYING PROGRAM IS ONLY AVAILABLE TO CUSTOMERS WHO LIVE IN THE CONTINENTAL US. CUSTOMERS IN OTHER AREAS MAY PURCHASE A Hello Parts CASE AND ARE STILL COVERED BY OUR 30-DAY RETURN POLICY (RETURN SHIPPING TO BE PAID BY THE CUSTOMER).

 

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 third-party tools available 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 products, services, information, features and/or other materials through the Site (including, the release of new tools and resources). Such new products, services, information, tools, features and/or other materials shall also be subject to these Terms of Service.

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 relevant third party.

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 and you warrant that you have the full legal right and authority to permit us to do so. 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 to be unlawful, offensive, threatening, libelous, 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 libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Service, the Site 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 any 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.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site or in our Service that contains typographical errors, inaccuracies or omissions that may relate to product or service 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 our Service, on the Site 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 our Service, the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Service, the Site or on any related website, should be taken to indicate that all information in our Service, on the Site or on any related website has been modified or updated.

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, territorial 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, gender identity, 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 our Service, the Site 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 our Service, the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service, the Site or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service, the Site or any related websites will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of our Service, the Site or any related websites will be accurate or reliable.

You agree that from time to time we may remove our Service for indefinite periods of time or cancel our Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, our Service, the Site or any related website is at your sole risk. Our Service and all products and services delivered to you through our 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 (even if we have been advised in advance of such purpose), durability, title, and non-infringement.

In no case shall Hello Parts International Co., Ltd., our directors, officers, employees, affiliates, agents, representatives, 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 our Service or any products, services, information, tools, features or other materials obtained using our Service, or for any other claim related in any way to your use of our Service or any product, services, information, tool, feature or other material 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 our Service or any content (or product) posted, transmitted, or otherwise made available via our 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hello Parts International Co., Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, representatives, 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.

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.

TERMINATION

The obligations and liabilities of the parties incurred prior to the effective date of termination of these Terms of Service shall survive any such termination for all purposes.

These Terms of Service are effective unless and until terminated by either you or us as provided herein. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you permanently cease using the 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 these Terms of Service and your permission to use our Services or access the Site at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Service (or any part thereof) and/or the Site.

ENTIRE AGREEMENT

The failure by 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 the Site or in respect of our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, the Site and any related website, 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 these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you in respect of our Service shall be governed by and construed in accordance with the laws of the province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles.  You and we agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded

DISPUTE RESOLUTION

In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf with respect to our Service, the Site or any related websites, arising out of or relating to and federal, state, provincial, territorial or other statutory claims, common law claims, these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration to be held in Kelowna, British Columbia, Canada before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Arbitration Act (British Columbia) Domestic Rules of the British Columbia International Commercial Arbitration Centre (“BCICAC”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. The parties also agree that a party may apply to any court having competent jurisdiction for interlocutory injunctive relief notwithstanding this agreement to arbitrate. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in the Arbitration Act (British Columbia). Each party shall bear its share of the fees payable for the arbitrator and the BCICAC and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES EXPRESSLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this dispute resolution provision is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this dispute resolution provision or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of these Terms of Service.

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 the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site or our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to by e-mail at hello@Hello Parts.com.

SUPPLEMENTAL SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Hello Parts International Co., Ltd. (hereinafter, “We,” “Us,” “Our”)  may from time to time offer a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and our Privacy Policy (the “SMS/MMS Agreement”). By opting in to or participating in the Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify any other terms and conditions, including the Terms of Service or our Privacy Policy, that may govern the relationship between you and Us in other contexts.

  1. User Opt In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this SMS/MMS Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
  2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this SMS/MMS Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that We and Our service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
  3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of sustainable products including phone cases and accessories. Messages may include checkout reminders.
  4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@Hello Parts.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  7. Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
  8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  9. Age Restriction: You may not use or engage with the platform through which the Program is delivered (the “Platform”) if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform or have attained the age of majority in your jurisdiction of residence and all other jurisdictions applicable to your use or engagement with the Platform. By using or engaging with the Platform, you also acknowledge and agree that you are permitted under the applicable laws of your jurisdiction of residence, and all other jurisdictions applicable to your use or engagement with the Platform to use and/or engage with the Platform.
  10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of gender, gender identity, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act), or any similar legislation; and

– Any other content that is prohibited by any applicable laws in the jurisdiction from which the message is sent.

  1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal, state, provincial, territorial or other statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration to be held in Kelowna, British Columbia, Canada before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Arbitration Act (British Columbia) Domestic Rules of the British Columbia International Commercial Arbitration Centre (“BCICAC”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the province of British Columbia, together with the federal laws of Canada applicable therein, without regard to its conflicts of laws principles. The parties also agree that a party may apply to any court having competent jurisdiction for interlocutory injunctive relief notwithstanding this agreement to arbitrate. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in the Arbitration Act (British Columbia). Each party shall bear its share of the fees payable for the arbitrator and the BCICAC and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES EXPRESSLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section 11 is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section 11 or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any Program.

  1. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided, is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to Us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from you (including but are not limited to response to keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), as amended from time to time, to the extent the law is otherwise relevant and applicable.
  2. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and conditions of this SMS/MMS Agreement and perform your obligations hereunder, and nothing contained in this SMS/MMS Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this SMS/MMS Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this SMS/MMS Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this SMS/MMS Agreement unless explicitly stated otherwise in writing. We reserve the right to change the terms and conditions of this SMS/MMS Agreement from time to time. Any updates to the terms and conditions of this SMS/MMS Agreement shall be communicated to you. You acknowledge your responsibility to review this SMS/MMS Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this SMS/MMS Agreement, as so modified.
Shopping Cart