Terms of Service

last modified: Mar 3, 2021

 

Overview

OwlCrate Enterprises Inc. (“OwlCrate”, "we", "us" or "our") is a corporation formed pursuant to the laws of British Columbia, Canada. In consideration for permitting your access to our website hosted at https://www.owlcrate.com and other domains and sub-domains, our online store and if appliable, our subscription service (collectively the “Website”) and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which governs your access to our Website. By using our Website, you, the user ("you" or "your"), represent and warrant that (a) you are of the age of majority in your province or state; and (b) you have read and understand these Terms and agree to be bound by them; and (c) you have given us your consent to allow any of your minor dependents to use our Website.

If you are using the Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with us.

Amendments

As our Website, product, subscriptions and service offerings continue to evolve, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these Terms is posted above. As you are bound by these Terms each time you use our Website, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Website after such amendments have been posted. If you do not agree with the amendments, you shall immediately stop accessing the Website and terminate your account, subject to the terms provided for herein. We may also undertake to send you an email or display notice of any changes to the Terms or policies in your account.

Privacy Policy

We use personal information you provide us in accordance with our privacy policy, which is incorporated by reference and available online at https://www.owlcrate.com/pages/privacy-policy. By using our Website, you consent to such processing and you represent to us that all information provided by you is accurate.

About Our Online Service

We sell non-subscription products, in addition to our auto-renewing subscription boxes (“subscription”). To do so, our Website relies on the online store and payment processing technology of third parties referenced in our Privacy Policy.

Establishing an Account

You can browse the public facing sections of our Website without establishing an account or providing us with any personal information. You can also purchase products from us without an account by proceeding to the online checkout as a guest user. However, to subscribe to an OwlCrate subscription, you will be required to establish an account on the Website.

If you begin to register an account or make a purchase by providing your information on our Website, but do not complete your registration or purchase, we may retain your name, email address and phone number and send you an email and/or SMS to remind you to complete your registration or purchase, or to provide you with additional offers or details related to our products and subscriptions. You can opt-out of receiving these emails by clicking the “unsubscribe” link in the email. To opt-out of SMS messaging, if you are based in the US and Canada, text the single keyword command STOP to +1 (844) 572-0352. For SMS in the United Kingdom or Australia click the “unsubscribe” link in any text message. Additionally you can opt-out of any email/SMS promotional communications by contacting us at support@owlcrate.com.

You can use your account to make modifications to your subscription(s) such as changing your payment information and shipping address(es) or even cancelling your subscription. You agree to provide us with accurate, complete, and updated account information. Any failure to comply with this provision may result in the termination or suspension of your account.

Mobile Message Terms of Service

The OwlCrate mobile message service (the "Service") is operated by Owlcrate Enterprises Inc. (“OwlCrate”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to OwlCrate’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of OwlCrate through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with OwlCrate. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. If you are located in the US or Canada, text the single keyword command STOP to +1 (844) 572-0352. If you are located in the UK or Australia, click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other OwlCrate mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (844) 572-0352 or email support@owlcrate.com.

We may change any short code or telephone number we use to operate the Service at any time and may notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

Account Not Transferrable

Access to your account is not transferrable and is only intended for you, the individual who established the account.

Account Security

Upon setting up an account, you will be required to create a username and password.  You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third-party. 

You agree to use a unique password for your account which you do not use for any other online service. As we (or our third party providers) may send password reset notices and links to your email account registered on the Website (i) you are responsible for ensuring that your email address is accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address used to register your account, whether or not you authorized that activity or correspondence.  You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.

You must immediately notify us of any unauthorized use of your account.

You must inform us of any changes to your contact details and other information provided to us, including your email and shipping address for subscriptions and orders.

Prices

Where prices for goods or subscriptions are listed on the Website, they are subject to change without notice. Such prices listed are an invitation to make an offer and are subject to acceptance by us. Even in the event of the automated processing of your order on the Website, you agree that we will have the opportunity to review and accept or cancel such orders. All orders are also subject to availability. Products and subscriptions displayed on our Website may have limited quantities. A wait-list may apply to purchase a subscription.

Additional terms, including but not limited to, price, tax, account access and payment may be specified on the Website. Those terms, as amended from time to time, are incorporated by reference. If any information or terms posted to the Website concerning price, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms. We also reserve the right to:

• Remove any products from the Website;
  
  
• Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;
  
  
• Change, at any time, the prices, fees, taxes, charges and specifications, any promotional offers and any other content without any notice or liability to you or any other person; and
  
  
• Reject, correct, cancel or terminate any order, including accepted orders for any reason.

You agree that where (i) you are a subscriber; and (ii) we elect to change the prices for our subscription boxes, we will give you a minimum of 10 days’ notice to elect to cancel your subscription prior to the change taking effect.

Currency

Unless expressly stated otherwise, all prices on our Website and marketing materials are displayed in U.S. Dollars.

Taxes

You agree to pay all sales taxes, whether US, Canadian or international, applicable to this agreement or arising in any way from the purchase of products, subscriptions or services from us. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all jurisdictions, only those where we are required to do so, or become required to do so by law in the future.

International Customers: Taxation and Customs Duties

If you purchase a subscription box or any other product from a country other than the United States, then you (or your designated recipient) agree to be the importer of record for any and all shipments you receive from us or our third party shipping providers. This may require the payment of any taxes and/or customs duties imposed by and specific to the laws, rules and regulations of your country. If your home-country decides to impose any taxes or customs-duties on your imported OwlCrate product(s), they may withhold delivery of your product until you have paid such fees, customs, duties and taxes. You agree that OwlCrate bears no responsibility for any fees, customs, duties or similar taxes that arise through the importation of goods to any country outside of the United States.

We currently collect/remit tax on orders from the following countries in addition to the United States:

Canada	Denmark	Luxembourg
Australia	Estonia	Malta
United Kingdom	Finland	Netherlands
	France	Poland
EU Countries	Germany	Portugal
Austria	Greece	Romania
Belgium	Hungary	Slovakia
Bulgaria	Ireland	Slovenia
Croatia	Italy	Spain
Cyprus	Latvia	Sweden
Czech Republic	Lithuania

Please note that this list may expand at any time and will be best reflected by the charges shown to you before completing checkout.  Note also that International duties may still be imposed by your home country.

Payment

We use third-party payment processors to process payments made by you on the Website and in connection with a renewing subscription. Our third-party payment processors include Shopify, ReCharge, Stripe, Apple Pay, Google Pay, Braintree, PayPal and others. Although we may display or link to their forms on our Website, when you provide your payment details on the Website, you are providing them to the applicable payment processor.

We may have access to view portions of your payment information via the third-party payment processor, however, we do not collect or store your full credit card information ourselves. You acknowledge that third-party payment processes may have their own terms and conditions that apply to you. If you have any questions concerning our third-party payment providers, please contact us.

We will charge all fees for products and subscriptions to the credit card associated with your order or your account. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card information and expiration dates, so that we can complete your transactions and contact you as needed. For subscriptions, any updates to your account (i.e. shipping, billing and address information) must be made prior to the first (1st) day of each calendar month for the updated details to apply to the subsequent month. If the credit card information you provide is incorrect or incomplete, or we are otherwise unable to process your payment, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. Where a shipping delay or error is caused by you providing an incorrect shipping address, you agree to be responsible for any resulting and additional shipping costs.

Subscription Box Orders

Our subscription box products are pre-paid, and will auto-renew for different durations (see below). The purchase of a subscription box product on our Website constitutes your agreement to receive (or to have a designated third-party receive) monthly shipments of a book and curated subscription box items of our choice.

If you purchase a subscription box, your subscription will begin with the box that is available at the time of purchase. Subscription box products have an informal monthly designation (e.g. “January box”, “February box” etc.) and corresponding monthly theme title (“Theme”). Subscription box products typically ship out between the 15th and 20th of their respective advertised month. For example, a February box will ship between the 15th and 20th of February, a March box between the 15th and 20th of March etc.).

It is your responsibility at the time of purchase to inquire as to which box will begin your subscription, otherwise, the commencement will be at our discretion. Occasionally, the current box on sale is available to buy 45 days (or more) in advance of the shipping date (e.g. a “February box” may become available for purchase on January 5th, but will ship between February 15th-20th). Our website and social media platform accounts (such as Facebook and Instagram) often indicate which month's box is available at the time of purchase.

Subscription Duration (Month-to-Month, 3-Month and 6-Month)

Month-to-Month Subscription: If you purchase a subscription box product with a month-to-month term, you will pay for your first month's box at the time of purchase. For each subsequent month's box, your subscription will auto-renew (i.e. your payment method will be charged) on the first (1st) of the month.

3 or 6-Month Subscription: If you choose a 3 or 6-month subscription, you will pay for the entirety of the plan at the time of purchase. Your subscription will then auto-renew, for the same duration as the original term, on the 1st of the month at the end of each 3 or 6 month period, as applicable. For example, if you purchased a 3-month subscription beginning with a March box, you would pay for the March, April and May boxes at time of purchase and your plan would auto-renew, and your payment method will be billed, for another 3 months on June 1st.

Failed Payments

If an automatic renewal payment fails to be processed, for any reason, we may continue to attempt the renewal payment daily for up to ten (10) days. Thereafter, we may suspend or terminate your subscription and no longer ship any boxes to you.

Changes to Your Subscription Duration

You can make changes to your subscription duration at any time via your account. These changes will be implemented on your next renewal date. For example, if you are currently subscribed to a month-to-month subscription, you can, at any time prior to your next auto-renewing payment, upgrade your plan to a 3 or 6-month subscription. No payment will be taken at the time of this change, however, on your next auto-renewal date you will be billed in full for your new subscription term. This also works in reverse, for example, you can 'downgrade' from a 3-month plan to a month-to-month plan.

Auto-renewals

Regardless of the subscription pre-payment duration you select, you agree and acknowledge that your subscription will automatically renew, for the same duration, until your plan is cancelled in accordance with our cancellation policy, below. The only exception to automatically renewing subscriptions is if you purchase a subscription box as a non-renewing gift, which can be configured via our website.

Please note that shipments may be delayed as a result of emergencies, severe weather, vendor issues, supplier issues, natural disasters, postal delays or other factors beyond our reasonable control.

Skipping an Upcoming Auto-Renewal

You can choose to skip an upcoming renewal (“Skip”) via your account. When you select to Skip, you delay the renewal by the length of your current subscription term. For example, if you are subscribed to a month-to-month plan and on Feb 26th you choose to Skip, your next renewal date will be moved to April 1st and you will not be billed on March 1st for the March box (as such you will not receive the March box). If you are on a 3 or 6-month plan and you choose to Skip, your next renewal date will be set to 3 or 6 months in the future (e.g. if, on a 3-month plan, your upcoming renewal is set for March 1st and you Skip prior to that date, your next renewal date will be moved to June 1st and you will not be charged for the March, April and May boxes).

Cancellation Policy

You can cancel your subscription at any time, from within your account, prior to your next auto-renewal date. Once your subscription is cancelled, you will continue to receive any boxes that are remaining on your plan (i.e. boxes that you have already paid for), but your subscription will no longer auto-renew at the end of your then current subscription term. Please note that cancelling a subscription does not prevent the shipment of boxes associated with the subscription, nor does it actuate a refund for the subscription. Concerns regarding any aspect of the cancellation policy should be directed to support@owlcrate.com.

Return Policy

Given the nature of our curated subscription box service, we do not offer returns. However, if you receive a damaged item or your box is missing items, please contact us at support@owlcrate.com with details of the damaged or missing items. We may, in our sole discretion, decide to replace your damaged or missing items. However, photographic evidence of the damage, or condition of the box at the time it was received, will be required. Please take photos and email them to us as soon as possible.

Promotional Coupon Codes

We may, from time to time in our sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the expiry-date published. Any promotional code may only be used in accordance with the terms provided with that promotional code or on our Website or marketing materials. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by us at any time, in our sole discretion.

Acceptable Use

In using the Website and your account, you agree, and you represent and warrant to us that you:

1. Will not use the Website in a way that has any unlawful or fraudulent purpose or effect;
   
   
2. Will not endeavor to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, our products or our subscription service for commercial purposes without our express written permission;
   
   
3. Will comply with all applicable laws, rules and regulations;
   
   
4. Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
   
   
5. Will not upload, transmit, disseminate, post, share, store, use any content, data or information, perform any services or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;
   
   
6. Will not use or disclose personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
   
   
7. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
   
   
8. Will not impersonate any person or entity;
   
   
9. Will not collect, harvest or store any personally identifiable information, including user account information, from us; and
   
   
10. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website.
    
    

We may, but have no obligation to, remove accounts from the Website that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.

We reserve the right to refuse service, not accept orders, deny account access, pause or cancel your subscriptions without reason, justification or cause, at any time.

We reserve the right, at any time, to modify or discontinue our products and subscription box types without notice at any time.

We reserve the right to limit the sales of our products and subscriptions to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any products that we offer.

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, distributors, or that have been flagged in our system as potentially fraudulent.

ACCEPTANCE OF RISK AND DISCLAIMERS

Everything on the Website and in our marketing materials (including our social media accounts) and all products and subscriptions available for order, are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability and fitness for a particular purpose, durability, title and non-infringement. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.

You agree that we are not responsible or liable to you if information made available on our Website is not accurate, complete or current. The material on our Website 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 our Website is at your own risk.

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 on our Website will be corrected.

You agree that, while we strive to have the Website and our subscription services error free and uninterrupted, we do not guarantee the absence of errors or interruptions. You agree that we shall not be held liable for any damage such errors or interruptions may cause. We make no representations and grant no warranties as to the uptime of our Website or the ongoing availability of our subscriptions or products.

We may also perform scheduled maintenance which will result in the Website being unavailable for certain periods of time.

We may provide you with access to third-party tools, widgets or functionality on or in connection with our Website 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. You agree that we shall have no liability whatsoever arising from or relating to your use of optional third-party tools or software. Any use by you of optional tools or software offered through the Website 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).

Limitation of Liability

ASIDE FROM CLAIMS FOR DIRECT AMOUNTS OWING TO YOU AS A RESULT OF AN OVERPAYMENT OR INCORRECT CHARGE, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, LICENSORS, AGENTS, CONTRACTORS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH OUR WEBSITE, OUR PRODUCTS OR OUR SUBSCRIPTION BOXES, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, AGENTS, LICENSORS, CONTRACTORS OR EMPLOYEES, THEN YOUR REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITE AND CANCELLING ANY OUTSTANDING SUBSCRIPTIONS.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE OWLCRATE PLATFORM, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE LESSER OF (I) USD $50.00 OR (II) THE AMOUNTS YOU HAVE PAID TO US IN CONNECTION WITH YOUR LAST ORDER ON OUR WEBSITE.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO OUR WEBSITE, PRODUCTS OR OUR SUBSCRIPTIONS WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

Indemnification

You agree to indemnify us, our employees, shareholders, contractors, agents, directors and officers, and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) which may arise from (i) your violation of these Terms or any policy incorporated by reference; (ii) your violation of any third-party right; (iii) any breach of a representation or warranty made by you to us, either in these Terms, privacy policy or otherwise; (iv) any claim for damages suffered by another user of our Website which you caused or contributed to; and (v) any claim, fees or penalties imposed on us arising from or related to your failure to pay any customs, duties, fees, shipping charges or taxes.

Proprietary Rights

Our Website contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy, use or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Website or in our marketing and social media materials without the express consent of the owner.

All rights, title and interest in and to the Website are and will remain the exclusive property of OwlCrate Enterprises Inc. and our licensors.

The Website and all content thereon are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. You agree not to reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website or any content thereon or which comprises our products, without our express written consent. You are not permitted to use any trademark or trade name of OwlCrate Enterprises Inc., including our logo, without our express permission.

Your Content

The Website may permit you and other users the ability to upload and post content ("User Content"). You own your User Content. While it may be displayed publicly on the Website, you can delete your User Content at any time. In order to permit us to display your User Content on our Website, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload in order to facilitate the ordinary use of our Website.

We do not consider proposals or ideas, including without limitation ideas for new products, subscription box items, technologies, promotions, product names, product feedback and product improvements you provide us (“Feedback”) to be confidential information. If you send any Feedback to us, you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to the Feedback and nothing in these Terms limits or restricts our right to independently use, develop, evaluate, or market products or services, whether incorporating the Feedback or otherwise.

Copyright Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please notify us at support@owlcrate.com.

Linked Sites

Whether or not we are affiliated with websites or third-party vendors that may be linked to or from our Website, marketing materials or social media accounts, you agree that we are not responsible for their content. Internet links found on the Website, in our marketing materials or social media accounts, whether posted by us or a third party, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services or information found on said websites. You access those links and corresponding websites at your own risk.

Law of the Contract (Governing Law) and Jurisdiction

These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of British Columbia, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.

Severability

If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

No Interpretation Against Drafter

If any ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Waiver of Class Proceedings and Trial By Jury

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

All policies referred to in these Terms or anywhere on the Website are hereby incorporated by reference, including but not limited to our Privacy Policy.

Account Termination

After cancelling any outstanding subscriptions, in accordance with our cancellation policy (above), you may terminate your account with us at any time. To do so, please contact us by email or follow the links in your account.

We reserve the right to suspend your account or access to our Website at any time, with or without cause, and with or without notice.

The cancellation, suspension or termination of access to our Website, or your account, shall not terminate this agreement. While you may elect, upon notice to us, to terminate this agreement after cancelling your account, any provision of these Terms concerning the limitation of liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

Assignment of this Agreement

These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website by a third party, the transfer of control of OwlCrate Enterprises Inc. or otherwise.

Right to Seek Injunction

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

New Features

Any new features that augment or enhance the current Website or our various products or subscriptions, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms.

Entire Agreement

This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except (i) by publication of a subsequent version of these Terms; or (ii) in writing, in an addendum or other agreement, signed by a duly authorized representative of OwlCrate Enterprises Inc.

Contact Information

Questions about these Terms should be sent to us at support@owlcrate.com. You can also write to us via postal mail at the following address:

OwlCrate Enterprises Inc.
136-5307 Victoria Drive
Vancouver, BC V5P 3V6
Canada