Terms and conditions
This website is operated by Sunberry Box. Throughout the site, the terms “we”, “us” and “our” refer to Sunberry Box. Sunberry Box 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 herein.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
BY USING ANY PART OF THIS SITE, YOU ACCEPT WITHOUT QUALIFICATION THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS LISTED, YOU MUST STOP USING THIS SITE.
By agreeing to these Terms, 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 (a “Member”).
2. USE OF THE SITE
We reserve the right to refuse service to anyone for any reason at any time.
Your use of this Site may only be with compliance with these Terms and for non-commercial personal use. You are responsible for your own actions and communications and are responsible for the consequences of any communications to the Site. Do not use this Site for any other purpose aside from the intended without the permission and consent of Sunberry Box. You may not modify or distribute the contents of the Site without written permission from us. You may not in any way exploit, any of the content, in whole or in part, found on the Site. Members, by their use of the Site, agree not to use the Site, and specifically prohibit any use of the Site for: posting or communicating any material that infringes on any intellectual property, publicity or privacy right of another person or entity; posting untrue information; any actions or conduct that would constitute a criminal offense, civil liability, or that violates any laws or regulations; anything that attempts to gain access to or interfere with our security network or any other computer system.
You may not use any automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not use any such automated means to manipulate the Site. You may not take any action that disrupts or interferes with the Site or any other user's use of the Site, including but not limited to, crashing the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms.
3. REGISTRATION AND PASSWORDS
4. THE CONTRACT BETWEEN YOU AND US
By purchasing a package, you acknowledge that your package (number of boxes, months to be delivered, etc.) will be sent as you design it at the time of purchase. Sunberry Box does not operate under an auto-renew model, so when the last box of your purchased package arrives you shall not be automatically signed up for another round of packages; if you wish to repurchase, you must do so manually.
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.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
It is our priority to provide information that is complete and reliable on the Site, excluding any content which may be submitted by third parties, including Members, from time to time. which we may correct, without liability, certain information that may contain pricing errors, typographical errors and other errors or inaccuracies. We are not responsible if information made available on this Site is not accurate, complete or current. 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.
6. 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.
7. PRODUCTS OR SERVICES
Certain products or services (collectively “Services”) may be available exclusively online through the Site. These 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 colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our 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 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 Service at any time. Any offer for any Service made on this Site is void where prohibited.
We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations.
8. 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.
Your total price will include the price of the product plus any applicable sales tax; such provincial, state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product.
10. RISK OF LOSS
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
11. 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 Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
12. 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.
13. PROPRIETARY RIGHTS
You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Sunberry Box and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All of our Site's content is Copyright 2018 Sunberry Box. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Sunberry Box.
14. SUBMITTED CONTENT
You grant Sunberry Box a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any content or materials or any part of such content or materials that you submit or post on the Site. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant us the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. We will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
15. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, 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.
16. DISCLAIMER OF WARRANTIES
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.
17. INTERNATIONAL USE
We control and operate the Site from Canada. We make no representation that materials on the Site are appropriate or available for use outside the Canada. If you choose to access this Site from outside Canada, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to indemnify, defend and hold harmless Sunberry Box 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 are effective unless and until terminated by either you or us. You may terminate these Terms 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, 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).
21. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms 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).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
22. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Brunswick, Canada.
23. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.