Terms of Service
1 DEFINITIONS
1.1 “Ancillary Terms of Service” means those terms and conditions of third party individuals, corporations, or other entities which may be referred to in the Terms of Service or which are ancillary to the Website and Services including, but not limited to, the terms and conditions provided by Shopify Inc. and Suppliers.
1.2 “Customer” means any individual, corporation, or other entity which, directly or indirectly, visits the Website, uses the Website, or engages in the services provided by Bowzer Box, including any individual or entity claiming through such Customer or who uses the Services or Products.
1.3 “Bowzer Box” means Heliconia Pet Supplies Inc., a federal corporation duly incorporated under the laws of Canada, and includes, but is not limited to, its directors, officers, employees, affiliates, agents, contractors, subsidiaries, assignees, or successors.
1.4 “Product” means all items, including their packaging, received from Suppliers with the purpose of distribution to Customers, including, but not limited to food items, toy items, grooming items, and health items.
1.5 “Terms of Service” means the whole of the content of the Terms of Service, herein contained.
1.6 “Services” means the services provided by Bowzer Box, including, but not limited to its website services, subscription services, and customer services, or the services provided by third parties upon which Bowzer Box relies, directly or indirectly, including but not limited to, delivery services, supplier services, website hosting services, and payment or credit card processing services.
1.7 “Suppliers” means individuals, corporations, or other entities which Bowzer Box contracts with for the supply of Product.
1.8 “Website” means the domain site addresses as www.bowzerbox.ca and all content therefrom including, but not limited to, all subdomains and third party links.
2 GENERALLY
2.1 The following Terms of Service, herein contained, govern Customers use of the Website and Services.
2.2 Bowzer Box may change the Terms of Service from time to time, at any time without notice, by posting such changes to the Terms of Service on the Website.
2.3 By using the Website or engaging in the Services, you agree to become a Customer of Bowzer Box, for the purposes of the Terms of Service.
2.4 By using the Website or engaging in the Services, you represent that you have read and understand the Terms of Service, that you have sufficient legal capacity to accept and agree to be bound by the Terms of Service as they apply to your use of the Website and the services provided by Bowzer Box, and that you do accept and agree to be bound by the Terms of Service as they apply to your use of the Website and the Services.
2.5 By using the Website or engaging in the Services, represent that you have read and understand the Ancillary Terms of Service, that you have sufficient legal capacity to accept and agree to be bound by the Ancillary Terms of Service, and that you do accept and agree to be bound by the Ancillary Terms of Service, as they may apply to you.
2.6 Bowzer Box retains all rights with respect to the Terms of Service and may use its sole discretion with respect to enforcement and interpretation of the Terms of Service.
2.7 Unless Bowzer Box directs otherwise, a violation of the Terms of Service will result in an immediate termination of Services. Bowzer Box has no obligation to refund, remunerate, or compensate any Customer for any loss or damage incurred by such termination or brought about by their violation of the Terms of Service. Bowzer Box also retains any right or cause of action it may have in order to commence and maintain legal proceedings against a Customer for violating the Terms of Service and any damages or loss incurred by Bowzer Box therefrom.
Violation of the Terms of Service shall include, but are not limited to, using the Website, Services, or Product:
2.7.1 for any unlawful purpose
2.7.2 to solicit others to perform or participate in any unlawful acts;
2.7.3 to violate any international, federal, provincial or regulations, rules, laws, or local ordinances;
2.7.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
2.7.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
2.7.6 to submit false or misleading information;
2.7.7 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;
2.7.8 to collect or track the personal information of others;
2.7.9 to spam, phish, pharm, pretext, spider, crawl, or scrape;
2.7.10 for any obscene or immoral purpose;
2.7.11 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; or
2.7.12 to duplicate, reproduce, copy, sell, resell, or exploit the Website, Services Products, without the express written permission of Bowzer Box; or
2.7.13 where reasonable suspicion exists that the Customer is engaging in any the foregoing.
2.8 Customers agree to indemnify and save harmless Bowzer Box from any claim or demand, including reasonable legal fees associated therewith, made by any third-party due to or arising out of your breach of these Terms of Service and Ancillary Terms of Service, or your violation of any law or the rights of a third-party.
2.9 Customers agree to indemnify and save harmless Bowzer Box from all costs associated with the enforcement of the Terms of Service, including reasonable legal costs, against that Customer.
2.10 Customers acknowledge that Services are only available in Canada and that they are solely responsible for complying with their local laws and regulations with respect to the use of the Website and the Services.
3 PROPRIETARY INTERESTS, CONTROL AND OWNERSHIP
3.1 The Website is operated and owned by Bowzer Box. Bowzer Box owns, solely and exclusively, all rights, title and interest in and to the Website, all content of the Website, including, but not limited to, any intellectual property or proprietary rights therein. Your use of the Website does not grant you ownership therein.
3.2 Bowzer Box reserves the right to remove from, add to, or revise the content of the Website from time to time, at any time without notice.
3.3 Bowzer Box reserves the right to monitor, edit or remove Customer generated content from the Website from time to time, at any time without notice.
3.4 Bowzer Box does not guarantee the accuracy or completeness of any content contained on the Website and will not be responsible for any loss or damages resulting therefrom.
4 REPRESENTATIONS AND WARRANTIES
4.1 Bowzer Box does not make any representations, warranties, or guarantees regarding the Website, Services, Suppliers or Product.
4.2 Bowzer Box shall not be labile to any Customer or third party in relation to any loss or damage incurred as a result of their reliance on any representation, warranty, or guarantee allegedly made by Bowzer Box.
4.3 Customers acknowledge that use of the Website, Services, Suppliers or Product is at their own risk and is provided by Bowzer Box “as is” and “as available”, without any representation, warranty, or guarantee.
5 BOWZER BOX SERVICES
5.1 Bowzer Box reserves the right to refuse, alter, limit, suspend, discontinue, commence, or recommence Services for any reason at any time and against any Customer, without notice.
5.2 Bowzer Box shall not be liable to any Customer or third party in relation to any loss or damage incurred by refusal, alteration, suspension, discontinuance, continuity, completeness, or timeliness of the Services.
5.3 Customers acknowledge and consent to the automatic renewal of the Services in accordance with their initial subscription terms. Customers specifically acknowledge that recurring billing will occur each time an order is placed in our system.
5.4 Customers acknowledge and consent to effecting termination of the Services only through the Website or through a request to Bowzer Box at support@bowzerbox.ca.
5.5 Customers acknowledge and agree that termination will not be effective to terminate Services and avoid an automatic renewal of Services in accordance with their initial subscription terms if the request in accordance with Section 5.4 is not received by Bowzer Box before the 1st day of the last month of their most recent subscription.
5.7 Bowzer Box shall specifically not be liable to any Customer or third party in relation to any loss or damage incurred by that Customer’s failure to terminate the Services in accordance with Sections 5.4 and 5.5 and the automatic renewal of the Services.
6 BOWZER BOX PRODUCTS
6.1 Customers acknowledge that Bowzer Box receives Products from Suppliers who are external, third parties and that Bowzer Box cannot adequately verify or ensure the Products.
6.2 Customers acknowledge that Bowzer Box packs and distributes Products according to their own discretion, which may be based on other factors including their assessment of the price, availability, description, suitability, safety, use, storage, legality, expiry, quantity, quality or condition of the Product.
6.3 Customers acknowledge that Bowzer Box packs and distributes Product in bulk and by class, in a generic manner not specific to any Customer.
6.4 Bowzer Box reserves the right to refuse, alter, limit, suspend, discontinue, commence, or recommence Products for any reason at any time and against any Customer, without notice.
6.5 Bowzer Box shall not be liable to any Customer or third party in relation to any loss or damage incurred by refusal, alteration, limitation, suspension, or discontinuance, of Products.
6.6 Bowzer Box does not make any representations, warranties, or guarantees regarding the Suppliers or Products and, specifically, with regard to the price, availability, description, suitability, safety, use, storage, legality, expiry, quantity, quality or condition of the Products.
6.7 Bowzer Box shall not be liable to any Customer or third party in relation to any loss or damage incurred as a result of the Products, specifically including their description, suitability, safety, use, storage, legality, expiry, quantity, quality or condition.
7 RETURN POLICY
7.1 Bowzer Box reserves its sole discretion to accept, refuse, alter, limit, continue, or discontinue its return policy at any time and against any Customer, without notice.
7.2 Customers acknowledge that due to the nature of certain Product (“Unique Product”), Bowzer Box may not be able to accept returns in accordance with the return policy normally employed for other Product. In such circumstances, Bowzer Box reserves its sole direction to alter the return policy in relation to the Unique Product only.
7.3 Unless Bowzer Box specifically indicates otherwise, in no event shall Bowzer Box 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:
7.3.1 Where, upon inspection or assessment of the Product, it appears to Bowzer Box, 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:
7.3.1.1 The original packaging have been torn, ripped, opened, stained, or otherwise altered;
7.3.1.2 The original packaging, or any part thereof, is missing;
7.3.1.3 Where it appears to Bowzer Box, acting reasonably, that the original packaging has been compromised and the Product accessed, notwithstanding that the original packaging appears or is otherwise intact;
7.3.1.4 Where the Product has been used, employed, exposed, or otherwise altered;
7.3.1.5 Where, upon inspection and/or assessment of the Product, it appears to Bowzer Box, acting reasonably, that the Product cannot be resold, reused, or exchanged by Bowzer Box in the ordinary course of business for any reason whatsoever; and
7.3.1.6 Where the Customer has failed to notify Bowzer Box at support@bowzerbox.ca of any complaint, contemplated return, or other grievance with respect to the Product within 30 days of their receipt of same.
7.4 Nothing in Section 7.3 shall be deemed to interfere with Section 7.1. Bowzer Box, 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 7.3.1.
8 PRIVACY POLICY
8.1 This Section herein governs Bowzer Box’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”):
8.1.1 personal and billing information disclosed by Customers;
8.1.2 information retained by Bowzer Box or ancillary Suppliers relating website use;
8.1.3 information retained by Bowzer Box or ancillary Suppliers relating to Product, including its use and feedback regarding same;
8.1.4 Customer generated information located on the Website; and
8.1.5 Customer comments, feedback, and other similar information received by Bowzer Box from the Customer.
8.2 Bowzer Box’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”).
8.3 Bowzer Box’s use of Customer Data is solely governed by the Terms of Service, herein contained, and PIPEDA.
8.4 Bowzer’s Box use of Customer Data shall be as provided for in the Terms of Service, herein contained.
8.5 Customers acknowledge that Bowzer Box employs various Suppliers for the operation of its business and that, by operation of Section 2.5, Customers represent that they accept and are bound by any Ancillary Terms of Service, including the privacy policies pertaining thereto.
8.6 Customers acknowledge that Bowzer Box may share, store, transmit or sell Customer Data to Suppliers in order to facilitate Bozwer Box Services or in accordance with agreements with other Suppliers. Customers accept and agree to such sharing, storage, transmission, or sale of Customer Data.
8.7 Bowzer Box may disclose Customer Data if required to by law or in regard to an individual Customer if said Customer violates the Terms of Service.
8.8 Customers acknowledge that, in the event of a merger or acquisition with another corporation, Bowzer Box may transfer Customer Data to the newly merged or acquired corporation.
8.9 Customers acknowledge that Bowzer Box is under no obligation to maintain confidence, provide compensation, or respond to any Customer Data, except as may otherwise be implied by law.
8.10 Bowzer Box shall not make any representation, warranty, or guarantee with respect to the confidentiality, safety, or use of Customer Data by Bowzer Box.
8.11 Bowzer Box 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.
8.12 Customers acknowledge that Bowzer Box 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.
8.13 Bowzer Box shall not be liable to any Customer or third party in relation to any loss or damage incurred by Bowzer’s Box’s reliance on the completeness or accuracy of Customer Data provided to them.
8.14 Customers acknowledge and consent to Bowzer Box’s retention of Customer Data, notwithstanding the fact that an individual, corporation, or other entity may cease to be Customer of Bowzer Box, for the purposes of the Terms of Service.
8.15 Customers may effect a creation, alteration, termination, or suspension of Customer Data or the treatment thereof upon written request to Bowzer Box at support@bowzerbox.ca. Bowzer Box retains the right to accept, alter, or refuse such a request, within the parameters of all applicable laws and regulations and acting reasonably.
9 MISCELLANEOUS
9.1 The Terms of Service will be construed in accordance with the laws of the Province of Ontario.
9.2 The Terms of Service is not assignable but will be binding on the Customer and their legal or personal representatives, as the case may be.
9.3 The Terms of Service will ensure to the benefit of Bowzer Box and, in no event, shall be construed against them
9.4 In the event any provision of the Terms of Service is determined to be unlawful, void, unenforceable or otherwise invalid, such provision shall nonetheless be valid and enforceable to the full extent permitted by law and the unenforceable part thereof shall be severed from the Terms of Service, such determination or severance shall not affect the validity and enforceability of the remaining provisions.
9.5 The Terms of Service are effective unless and until terminated by Bowzer Box or the Customer. Customers may elect to terminate the Terms of Service at any time upon notification to Bowzer Box at support@bowzerbox.ca. Termination to be effective upon the Customer’s receipt of confirmation from Bowzer Box.
9.6 Notwithstanding Section 9.5, termination of the Terms of Service will not terminate, alter, or otherwise relieve a Customer of liability or Bowzer Box of its rights against a Customer under the Terms of Service in connection to any event or occurrence which properly occurred while the Terms of Service were in effect and while the individual, corporation, or other entity was properly a Customer.
9.7 The failure of Bowzer Box to exercises or enforce any provision of the Terms of Service shall not constitute a waiver of such provision.
9.8 The Terms of Service and any additional terms published on the Website in respect of the Terms of Service constitute the entire agreement between the Bowzer Box and the Customer. The Terms of Service supersede any prior or contemporaneous agreements between Bowzer Box and the Customer.
