Terms of Service

TERMS OF SERVICE

OVERVIEW

This website is operated by Fetch Co.. Throughout the site, the terms “we”, “us” and “our” refer to Fetch Co.. Fetch Co. 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 Inc. 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 - MEMBERSHIPS AND PROMOTIONS

Fetch Co. offers one type of membership: YOU ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE YOUR MEMBERSHIP/ACCOUNT IN ACCORDANCE WITH THESE TERMS. You understand that we will automatically charge your credit card on file for each applicable billing period (depending on which membership you’ve selected) until you cancel your Membership.

Seasonal Memberships. A “Seasonal” Membership consists of an initial seasonal product box and an additional seasonal Box sent out quarterly thereafter – Spring (March) Summer (June), Fall (September) Winter ( December).

If you sign up for a Seasonal Membership, you will automatically be billed $55.00 (as a non-refundable minimum purchase) and that season’s Box will be the first box you receive. Thereafter, your credit card will be charged $55.00 every three (3) months for the subsequent seasonal box shipment date, and every season (so, four times a year) thereafter.

Seasonal Memberships automatically renew each “Season” (i.e., calendar quarter) and, unless you cancel on time, you will be charged as described above.

Cancellation Policy. Customers may cancel at any time, subject to the time frames below. We do not place “pauses” on Memberships.

You may cancel your Membership at any time by contacting us at info@fetchco.ca or by logging into your account, clicking ‘manage subscriptions’, and clicking ‘cancel’ on the right side of the subscription you would like to terminate. Cancellation requests must be received prior to the billing date of the Membership renewal, or else you will be charged for the then-current billing period. For Seasonal Memberships, this means that you must cancel before the billing date for the next Season. All sales are final sales.

SECTION 4- 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 5 - 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 6 - PRODUCTS OR SERVICES (if applicable)

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 7 - 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 8 - 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 9 - 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 10 - 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, 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 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 11 - PERSONAL INFORMATION

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

SECTION 12 - 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 13 - 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 14 - 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 Fetch Co., 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 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fetch Co. 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 16 - 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 17 - 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 18 - 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 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 - RETURN POLICY

20.1 Fetch Co. reserves its sole discretion to accept, refuse, alter, limit, continue, or discontinue its return policy at any time and against any Customer, without notice.

20.2 Customers acknowledge that due to the nature of certain Product (“Unique Product”), Fetch Co. may not be able to accept returns in accordance with the return policy normally employed for other Product. In such circumstances, Fetch Co. reserves its sole direction to alter the return policy in relation to the Unique Product only.

20.3 Unless Fetch Co. specifically indicates otherwise, in no event shall Fetch Co. accept a return, exchange a Product or credit a Customer’s account and the Customer is deemed to have violated the Terms of Service, in any of the following circumstances:

20.3.1 Where, upon inspection or assessment of the Product, it appears to Fetch Co., acting reasonably, that the Product has been interfered with by the Customer or any third party; such interference to be sufficiently indicated by any of the following:

20.3.1.1 The original packaging have been torn, ripped, opened, stained, or otherwise altered;

20.3.1.2 The original packaging, or any part thereof, is missing;

20.3.1.3 Where it appears to Fetch Co., acting reasonably, that the original packaging has been compromised and the Product accessed, notwithstanding that the original packaging appears or is otherwise intact;

20.3.1.4 Where the Product has been used, employed, exposed, or otherwise altered;

20.3.1.5 Where, upon inspection and/or assessment of the Product, it appears to Fetch Co., acting reasonably, that the Product cannot be resold, reused, or exchanged by Fetch Co. in the ordinary course of business for any reason whatsoever; and

20.3.1.6 Where the Customer has failed to notify Fetch Co. at info@fetchco.ca of any complaint, contemplated return, or other grievance with respect to the Product within 30 days of their receipt of same.

20.4 Nothing in Section 20.3 shall be deemed to interfere with Section 20.1. Fetch Co., retaining is sole discretion, may accept a return, exchange a Product or credit a Customer’s account notwithstanding the existence of circumstances outlined in Subsection 20.3.1.

21 - PRIVACY POLICY

21.1 This Section herein governs Fetch Co.’s treatment of all data received from or about Customers in the ordinary course of business and specifically includes (collectively referred to as “Customer Data”):

21.1.1 personal and billing information disclosed by Customers;

21.1.2 information retained by Fetch Co. or ancillary Suppliers relating website use;

21.1.3 information retained by Fetch Co. or ancillary Suppliers relating to Product, including its use and feedback regarding same;

21.1.4 Customer generated information located on the Website; and

21.1.5 Customer comments, feedback, and other similar information received by Fetch Co. from the Customer.

21.2 Fetch Co.’s use of Customer Data is made strictly in accordance with the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”).

21.3 Fetch Co.’s use of Customer Data is solely governed by the Terms of Service, herein contained, and PIPEDA.

21.4 Fetch Co.’s use of Customer Data shall be as provided for in the Terms of Service, herein contained.

21.5 Customers acknowledge that Fetch Co. employs various Suppliers for the operation of its business and that Customers represent that they accept and are bound by any Ancillary Terms of Service, including the privacy policies pertaining thereto.

21.6 Customers acknowledge that Fetch Co. may share, store, transmit or sell Customer Data to Suppliers in order to facilitate Fetch Co. Services or in accordance with agreements with other Suppliers. Customers accept and agree to such sharing, storage, transmission, or sale of Customer Data.

21.7 Fetch Co. may disclose Customer Data if required to by law or in regard to an individual Customer if said Customer violates the Terms of Service.

21.8 Customers acknowledge that, in the event of a merger or acquisition with another corporation, Fetch Co. may transfer Customer Data to the newly merged or acquired corporation.

21.9 Customers acknowledge that Fetch Co. is under no obligation to maintain confidence, provide compensation, or respond to any Customer Data, except as may otherwise be implied by law.

21.10 Fetch Co. shall not make any representation, warranty, or guarantee with respect to the confidentiality, safety, or use of Customer Data by Fetch Co..

21.11 Fetch Co. shall not be liable to any Customer or third party in relation to any loss or damage incurred or contributed to by their use of Customer Data.

21.12 Customers acknowledge that Fetch Co. relies on the completeness and accuracy of Customer Data in the ordinary course of their business. Customers represent and warrant that the production of Customer Data complete and accurate, to the best of their knowledge.

21.13 Fetch Co. shall not be liable to any Customer or third party in relation to any loss or damage incurred by Fetch Co.’s reliance on the completeness or accuracy of Customer Data provided to them.

21.14 Customers acknowledge and consent to Fetch Co.’s retention of Customer Data, notwithstanding the fact that an individual, corporation, or other entity may cease to be Customer of Fetch Co., for the purposes of the Terms of Service.

21.15 Customers may effect a creation, alteration, termination, or suspension of Customer Data or the treatment thereof upon written request to Fetch Co. at info@fetchco.ca. Fetch Co. retains the right to accept, alter, or refuse such a request, within the parameters of all applicable laws and regulations and acting reasonably.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@fetchco.ca.

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