The Kit Beauty Box Terms

Welcome to thekitbeautybox.topbox.ca (the “Site”) brought to you by The Kit, a division of Toronto Star Newspapers Limited (“The Kit”). This Site is maintained and operated by Topbox Inc. (“Topbox”). By using this Site, you acknowledge that you have read, understand and accept these Terms of Use (the “Agreement”) and you certify that you are above the age of eighteen (18). If you do not agree to any of the terms set forth in this Agreement, you should not use this Site. The Kit may change the terms of this Agreement at any time without notice to you. By continuing to use the Site after The Kit posts any change, you accept the Agreement as modified.

1. Use of the Site

The Site should be used for personal use only and cannot be copied or reused in any manner. The Site is available to registered users who are at least eighteen (18) years of age and who have not been suspended by The Kit. The Kit reserves the right to revoke your membership for any reason at any time including as a result of a violation of this Agreement, including a violation of The Kit’s Privacy Policy, without notice.

You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify The Kit immediately. Your account may also be restricted or terminated for any reason, at The Kit's sole discretion. The Kit may also change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time without notice. The Kit and its affiliates have no liability to you for content on the Site that you find offensive, indecent, or objectionable.

The Kit may sell products for children’s use on the Site; however, these products are intended for selling to adults. If you are under the age of eighteen (18), you may use this Site only with involvement of a parent or guardian. Individuals may use the Site to create gift or wish lists for individuals, including children under the age of thirteen (13) by making product selections for the child; additional personally identifiable information about the child should not be provided to The Kit.

You are prohibited from (a) violating or attempting to violate the security of the Site; (b) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; or (c) using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by The Kit (or other third party web browsers) to navigate or search the Site.

2. Subscription; Billing; Services; Purchases; Acceptance

You may have the option to purchase a subscription account to the Beauty Box Program on the Site. By purchasing a subscription or otherwise participating in the Beauty Box Program, you acknowledge and agree to pay, via the payment options provided on the Site, an initial subscription fee upon your registration with the Site. Thereafter, you agree to pay a recurring payment for each subscription period (once per month or once per quarter (i.e., every three (3) months), as applicable). If you choose to subscribe to the Site or otherwise participate in the Beauty Box Program, you will continue to receive a box approximately once each subscription period until you cancel your subscription pursuant to the terms of this Agreement. Your subscription will automatically renew for successive subscription periods, at the then-current subscription rate. You accept responsibility for all recurring charges prior to your cancellation of your subscription.

To cancel your subscription at any time, you must submit a cancellation request through your subscription account page on the Site. As part of your subscription, credit or debit cards are generally billed at the beginning of the applicable billing month. Boxes are generally shipped out to you by the end of the month in which your card is charged. If your credit or debit card cannot be charged for any reason, you will not receive the box for that quarter or month, as applicable. You cannot select specific products for your box. The Kit may, in its sole discretion, change the number and/or types of items offered in any box and/or the price of any box. If you do not agree with any changes made to your box or are not satisfied with the products selected, your sole remedy is to cancel or terminate your subscription account, as applicable.

You represent that all billing information you provide to The Kit is truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order and subscription account cancellation. Prior to accepting an order, The Kit may also request additional information from you. The Kit reserves the right to refuse or cancel an order (including any box) for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by The Kit’s credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, The Kit will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. The Kit will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. The Kit may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period of time. Your card issuer determines the length of time the pre-authorization is held. The Kit does this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

The Kit reserves the right to limit the quantity of subscriptions and items purchased per person, per household or per order for any reason. These restrictions may apply to subscriptions or orders placed by the same subscription account, the same credit or debit card, and also to orders that use the same billing and/or shipping address. The Kit will notify you should such limits be applied. The Kit also reserves the right, in its sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from The Kit for the purpose of engaging in a commercial sale of that same product(s) with a third party.

3. Shipping; Delivery; Risk of Loss

Any merchandise or products purchased from the Site (including any box which will be shipped to you as part of your subscription to the 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 The Kit’s delivery of the merchandise or products to the carrier.

Delivery of items from the Site to addresses outside Canada is limited. Some items also have restricted delivery within Canada. Delivery times for all boxes The Kit ships to you as part of your subscription are determined at The Kit’s sole discretion based on The Kit’s chosen method of shipping and the destination of the box. Delivery times for all other products are determined based on the method of shipping chosen when items are purchased and the destination of the items.

4. Product and Pricing Information; Quantities; Disclaimer

The Kit works to make sure the information available on the Site is complete and reliable. Certain information may contain product errors or typographical errors, which The Kit can correct without liability. The Kit does not guarantee that all products described on the Site will be available.

Pricing errors may occur on the Site. The Kit reserves the right to cancel any orders, whether arising out of your subscription or otherwise, containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from The Kit. The Kit may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Site or from prices available in The Kit stores, TheKit.ca, any other The Kit affiliated site or on The Kit mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).

It is important to note the following: (a) The Kit’s physical stores do not honor Internet prices or competitor advertisements from outside of a physical store’s local trade territory; and (b) The Kit’s e-commerce site, TheKit.ca, is not directly affiliated with this subscription program but, in any event, does not price match with any other online or offline retailer.

THIS SITE IS PROVIDED BY THE KIT ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE KIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR IN ANY BOX SHIPPED TO YOU PURSUANT TO YOUR SUBSCRIPTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE KIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE KIT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

5. Information Provided on the Site; Third Party Sites; Colors

A. The Kit and our customers may post a variety of material on the Site including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, “Materials”). The Materials that appear on the Site are for educational and informational purposes only. Despite The Kit’s efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Site, you should confirm any facts that are important to your decision. The Kit and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Site. The Kit is not responsible for, and cannot guarantee the performance of, goods and services provided by The Kit’s advertisers or others to whose sites which The Kit provides a link. Product information contained on the Site may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).

No health, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe for you. Consult the product information (including package inserts) regarding dosage, precautions, warnings, and interactions and your medical professional for guidance before using any prescription or over the counter drug.

THE KIT, ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON THE SITE.

B. References on the Site to any names, marks, products, services of third parties or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. The Kit is not responsible for the content of any linked site or any link contained in a linked site. Your use of a third-party site linked from the Site is at your own risk and will be governed by such third party's terms and policies.

C. The Kit has made significant efforts to accurately display the colors of products that appear on the Site. However, as the actual colors you see will depend on your monitor, The Kit cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.

6. Privacy

You acknowledge that any personal information that you provide through the Site will be used by The Kit in accordance with The Kit's Privacy Policy at: http://thekit.ca/privacy-policy, the terms of which are incorporated here by this reference.

7. Content Submission

The Kit may allow users to submit and share comments, feedback, submissions, suggestions, questions, reviews and other content through the Site (“Content”). Content should be written in English.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least eighteen (18) years of age, or, if you are under the age of eighteen (18), you are at least thirteen (13) years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.

A. License Grant for Submitted Content

If you make any submission to the Site, you automatically grant, or warrant that the owner of such content has expressly granted The Kit, a royalty-free, perpetual, irrevocable, worldwide, unlimited and nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content material in any media or medium, or any form, format or forum now known or hereafter developed. The Kit may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. The Kit is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant The Kit the right to use the name that you submit in connection with any Content.

B. Prohibited Content

You represent and warrant that you will not submit the following Content:

1. Content that is false, inaccurate, or misleading;
2. Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
3. Content that violates any local, provincial, federal, or international laws;
4. Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
5. Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by The Kit in its sole discretion;
6. Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from The Kit;
7. Chain letters or pyramid schemes;
8. Content that impersonates another business, person or entity, including The Kit, its related entities, employees and agents;
9. Content that contains viruses or other harmful computer code;
10. Content that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
11. Content that you were compensated or granted any compensation by any third party unless otherwise authorized by The Kit in writing; or
12. Content that violates any policy posted on the Site, or interferes with the use of the Site by others.

Although The Kit cannot monitor all Content, you understand that The Kit shall have the right, but not the obligation, to monitor the Content of the Site to determine compliance with this Agreement and any other operating rules that may be established by The Kit from time to time. The Kit shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted to, or posted on, the Site for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right, you are solely responsible for any Content you submit and you agree to indemnify The Kit and its affiliates for all claims resulting from any Content you submit.

8. Ownership

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by The Kit, one of their affiliates or by third parties who have licensed their materials to The Kit and are protected by Canadian and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Site or any related software. All software used on the Site is the property of The Kit or their respective suppliers and protected by Canadian and international copyright laws. The IP and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Site is the exclusive property of The Kit and is also protected by Canadian and international copyright laws.

The Kit, TheKit.ca and the The Kit names and logos, and all other graphics, logos, page headers, button icons, scripts and service names included in or made available through any of the Site are trademarks or trade dress of The Kit in Canada and other countries. All other marks are the property of their respective companies.

9. Termination

This Agreement is effective unless and until terminated by either you or The Kit. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. The Kit also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in The Kit’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or The Kit, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under this Agreement or otherwise. Any sections of this Agreement that by their nature should survive termination will survive any termination or expiration of this Agreement.

10. Indemnification

You agree to indemnify, hold harmless, and defend The Kit, its parents, vendors, subsidiaries, divisions and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of the Agreement or the Privacy Policy, content posted to the site by you, or your violation of any law or the rights of any third party.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL THE KIT OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE KIT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL THE KIT BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

12. Export Policy

You acknowledge that some goods licensed or sold on the Site are subject to the customs and export control laws and regulations of Canada and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and you agree to comply with all applicable laws. By making a purchase, or by downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no The Kit materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the Canadian Treasury Department’s List of Specially Designated Nationals or the Canadian Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.

13. Governing Law

This Agreement shall be governed by and construed under Arkansas law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Site must be brought in the provincial or federal courts of Arkansas and you consent to the exclusive personal jurisdiction of such courts.

14. Procedure for Making a Claim of Copyright Infringement

The Kit respects the intellectual property of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please see The Kit’s DMCA Procedure for instructions on how to contact us to report possible copyright infringement.

15. General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of The Kit to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit The Kit's rights with respect to such breach or any subsequent breaches.

Updated: August 13, 2015