- Privacy Policy
- Terms of Use
- User Agreement
- United States
- Canada
In General
Protecting user privacy is important to Shop Bonsai. This Privacy Policy explains how information about you is collected, used, and
disclosed by Shop Bonsai ("Shop Bonsai", "we", "us" or "our"). This Privacy Policy applies to information we collect when you use our
websites (including all domains and sub-domains of Shop Bonsai.com), web applications, mobile applications, application programming
interfaces (APIs), and other products and services (collectively, the "Products") or when you otherwise interact with us whether in
electronic, paper, or verbal format. The information we collect is governed by United States ("US") law. By accessing or using our
Products or otherwise providing information to us, you consent to the processing and transfer of information in and to the US and
other countries.
For purposes of this Privacy Policy, "Personal Information" is defined as information that (1) is recorded in any form; (2)
is about, or pertains to a specific individual; and (3) can be linked to that individual.
1. Information We Collect When you use our Products, we collect the following types of information:
- a. Account information: When you use our Products you may need to create an account with us. In order to create an account, you will need to provide us with login credentials (which include your username and password), your name, email address, postal address, and phone number.
- b. General usage data: When you use our Products we may collect technical properties of hardware and software you use in conjunction with our Products. For example, we may collect the type and model of hardware and/or web browser you are using, referring or exit web pages, and the operating system version you are using. When you use our Products we may also collect information about how long you use our Product in each session, features you use in our Products, how long you use our Products overall, the time and day you accessed our Products, etc. We may record mouse clicks, movements, and other interactions with our pages or features to help us improve usability.
- c. Purchase and Payment Information: While payments made through our Products are processed through a third party, we may collect information to administer, manage, and fulfill the purchases you make. For example, we may collect your name, email address, account information, what is ordered, the date and time of the order, the quantity and price of the order, whether payment was made, method of payment, purchase history, and if you re-ordered. We may record mouse clicks, movements, and other interactions with our pages or features to help us improve usability.
- d. Location information: When you use our Products, enable data services, use the browser or location-based functionality on your device, location information associated to your device (e.g. Global Positioning System (GPS) or similar satellite triangulation information, Internet Protocol address (IP address) information, carrier or tower ID, the BSSID (Broadcast Service Set Identifier) and MAC address (Media Access Control address) of Wi-Fi access points, and signal strength of visible Wi-Fi hotspots or wireless towers) may be communicated to the Company or our service providers. If we collect and subsequently store such information, it will be in a form that does not personally identify you (e.g. the Company does not maintain a system that would link specific individuals to a BSSID). The Company may process such information to provide you with or facilitate the provision of information and location-based services (e.g. mapping services, measuring traffic congestion, location-sensitive promotions or coupons). If you choose to use location-based services, you agree that such geographic location information may be processed to provide you with such services. If you choose to use location-based services or other applications to disclose your location to other persons or entities, you assume responsibility for the risks involved in doing so, and it is your responsibility to use them appropriately and according to applicable law. If you use Third Party Offerings which provide location-based services, please review the third party's terms and conditions and privacy policy regarding how your location and personal information will be processed, and how to opt-out of any location-based services and advertising provided by the third party.
- e. Third party information: If necessary to fulfill our identified purposes, we may combine the information you submit to us with information obtained from other sources or third party offerings. For example, we may receive personal information about you from third parties involved in providing you with the products, services, hardware, software, and websites you are utilizing, such as from your email, social media, and online file storage provider to facilitate the integration of those products, services, software, and websites with our Products. We treat all such personal information in accordance with this Policy and the terms and conditions between us and such third parties, if any, may also apply. However, the third party's own use of your personal information in such cases will be determined by your agreement(s) with the third party, unless that third party is one of our service providers.
- f. Quality assurance and customer service: Your customer service telephone calls and emails with us and our service providers, if any, may be recorded, logged, and/or monitored for quality assurance and customer service purposes such as to assist in addressing your inquiries, troubleshooting, training and analytics to identify trends and make improvements to our Products and customer service. As part of the recording and logging of the calls and emails, we will collect information like the identity of the caller or sender of email, the date and time of the call or email, and the subject and resolution of the issue.
- g. Cookies: In addition, when you visit our Platform, we collect certain information about your activity on our Platform, as described below under the heading “Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts.
Some of this information would not by itself identify you to us or be personally identifiable and is therefore considered non-personal information. If we combine any such non-personal information with other personal information available to us, the combined information will be treated as personal information in accordance with this Policy.
2. Our Use of Information We Collect We use the personal information we collect about you:
-
g. Cookies:
We use the personal information we collect about you to understand and meet your needs and preferences, and/or to provide you with our Products, for example:
- for purposes related to the billing, activation, provision, maintenance, support, troubleshooting, resolving of disputes, deactivation, upgrade, or update of Products;
- to process and fulfill your order, send you emails to confirm your order status and shipment, send you Products or goods you order, and allow you to pay for Products and goods you order;
- to ensure Products are technically functioning as intended and to help identify and troubleshoot issues;
- to fulfill or enforce any agreements or notices we provide and are associated with a particular Product (“Notices”);
- to manage or respond to your inquiries;
- In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another entity;
We use the personal information we collect about you to manage and develop our business and operations, for example;- to detect, monitor, investigate, mitigate or attempt to prevent fraud and technical or security issues or to protect our property;
- to allow for business continuity and disaster recovery operations;
- to enforce our legal rights;
- for statistical purposes;
- if we believe your actions are inconsistent with the spirit or language of our user agreements or policies;
- to manage or respond to your inquiries;
- In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another entity;
- to respond to court orders, warrants or other lawful requests or legal processes;
- to provide emergency assistance in situations that may threaten the life or physical safety of you or others;
- or for any other purposes for which you have consented, such as those that may be set out in Notices, and other purposes as permitted or required by any applicable law.
Notwithstanding anything to the contrary contained in this Policy, we may remove personal identifiers from your information and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information. Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights, and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use, distribute, transmit, transfer, license, trade, rent, share, assign, and sell the de-identified and/or aggregated information. We will retain your personal information as long as necessary for the fulfillment of the identified purposes or as otherwise necessary to comply with applicable laws.
You may update your communication preferences anytime by writing us at hello@shopbonsai.ca.
3. To whom we Disclose your Personal Information We use the personal information we collect about you:
-
g. Cookies:
In accordance with this Policy, we may share your personal information:
- within Company and/or with our service providers such as a cloud service provider in Canada, the United States, and the European Economic Area for data storage;
- with our financial, insurance, legal, accounting or other advisors that provide professional services to us;
- if we have your consent;
- with third parties involved in providing our Products to you which may include authorized resellers, distributors, and merchants of record or payment processors, including companies like Facebook and Google;
- and any and all information about your use of the Products with your employer or its agents if your employer has provided you with access to the Products;
- as necessary to complete any transactions while using our Products;
- respond to a subpoena, order, legal process, or government request; protect, establish or exercise our legal rights or defend against legal claims;
- investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person;
- as otherwise required by law;
- or if we are to be sold, merged, or amalgamated or substantially all of its assets are to be sold or disposed of, your personal information may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
4. Your Decisions About Your Personal Information
At any time you can contact us to: stop receiving emails from us; review the personal information held by us in connection with your account; withdraw your consent for our use and disclosure of your information; request a list of third parties to which we may have provided your personal information; close your account; and amend your personal information, by writing to us at 111 George Street, Suite 202, Toronto, Ontario, M5A 2N4. You can always unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of every promotional email from us.
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you and tell you about the existence, use and disclosure of your personal information and this personal information will only be used for this purpose. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws.
Generally, you may withdraw at any time your consent for us to collect, use, and disclose your personal information in accordance with this Policy, subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your personal information as may be required to provide you with our Products, and to the extent that we are contractually obligated to do so or as necessary to enforce any contractual obligations you may have with us. If you refuse to provide us with the information we require or later contact us to withdraw your consent for us to use and disclose your personal information, we may no longer be able to provide you with our Products.
5. Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts
When you visit the Platform, we collect certain information by automated means, such as through server log files, cookies (text files sent to and stored on your device when you access the Platform), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information back to the Platform), and embedded scripts (programming code that is designed to collect information about your interactions with the Platform, such as the links you click on, and which is active only when you are accessing the Platform).
The information we collect in this manner may include details about the computer, mobile phone, or other device used to access the Platform (such as browser type, operating system, and IP address), referring URLs and information on actions taken or interaction with our digital assets.
When you visit our Platform, we may allow some third parties (such as advertising networks and data analytics companies) to collect information about your online activities over time and across different websites. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.
In some instances, we may also combine information we receive about you from third parties with information we collect through the Platform.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, our web applications, mobile applications, or certain features thereof, may no longer function.
6. Security
We aim to provide you with a safe experience. We have in place certain physical, technical, and administrative safeguards designed to appropriately protect the security and privacy of your personal information against loss, theft, and unauthorized access, disclosure, copying, use, or modification. Please note, however, that we cannot guarantee that the measures we maintain will guarantee the security of the information.
We limit access to your personal information within the Company to individuals with a need to know.
Your personal information may be collected, used, processed, transferred, and retained in multiple countries including Canada, the United States, and the European Economic Area which may be outside the region in which you are situated and may have different privacy or data protection legislation, and may therefore be subject to the laws of these countries. If you are a resident of the European Economic Area or a country which restricts data transfers outside of that jurisdiction or region without your consent, by using our Products, you consent to your personal information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.
7. Links to Other Sites We provide links on our Platform to third party sites we think you will enjoy. These sites operate independently of us and may have established their own privacy and security policies. Any personal information you provide on linked pages or other sites is subject to that third party’s privacy policy. We strongly encourage you to review these policies at any site you visit. This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked websites which are provided solely for your convenience.
8. Children 's Online Privacy Protection The Platform and Products are not intended for use by children under 18 years of age. We do not knowingly collect or use any personal information from any children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such personal information from our database.
9. Questions or Comments If you have any questions or comments or wish to make a complaint about this Policy, please feel free to contact us by delivery in person, by courier or by the mail, to us at 111 George Street, Suite 202, Toronto, Ontario, M5A 2N4 or by email at hello@shopbonsai.ca. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws. Depending on the circumstances and applicable laws, we may refuse to process certain access requests (for example, access requests that are unreasonably repetitive or systematic, would be extremely impractical or require disproportionate technical effort).
10. (For California Residents) Your California Privacy Rights California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please email us at hello@shopbonsai.ca. However, please note that under the law, services such as ours that permits California residents to opt in to, or opt out of, this type of sharing are not required to provide such information upon receiving a request, but rather may respond by notifying the user of his or her right to prevent the disclosure. To opt out of having information about you shared with third parties for direct marketing purposes, please email us at hello@shopbonsai.ca.
(For Nevada Residents) Your Nevada Privacy Rights If you are a Nevada resident who visits our website you may review and request changes to any of your personal information that is collected on our website. Please refer to paragraph 1(c)-(e) for information regarding information available to third party from your activities on our website. To exercise this right, please email us at hello@shopbonsai.ca. Any revision to this Notice required by changes to Nevada law will be posted on this website, so you are advised to review each time there is an update posted.
Modifications to this Privacy Policy We may make modifications, deletions, and/or additions to this Privacy Policy at any time. Users are advised to check the date listed at the top of this Privacy Policy for any new updates. By Using our Products you will be deemed to have agreed to the terms of this Privacy Policy as modified, so you are advised to review each time there is an update posted.
Contact Us Questions, comments, or complaints regarding Shop Bonsai’s Privacy Policy or data collection and processing practices can be emailed to hello@shopbonsai.ca.
Updated March 5, 2018
In General
Protecting user privacy is important to Shop Bonsai. This Privacy Policy explains how information about you is collected,
used, and disclosed by Shop Bonsai (“Shop Bonsai”, “we”, “us” or “our”). This Privacy Policy applies to information we
collect when you use our websites (including all domains and sub-domains of Shop Bonsai.com), web applications, mobile
applications, application programming interfaces (APIs), and other products and services (collectively, the “Products”)
or when you otherwise interact with us whether in electronic, paper, or verbal format. The information we collect is
governed by United States (“US”) law. By accessing or using our Products or otherwise providing information to us, you
consent to the processing and transfer of information in and to the US and other countries.
For purposes of this Privacy Policy, “Personal Information” is defined as information that (1) is recorded in any form; (2)
is about, or pertains to a specific individual; and (3) can be linked to that individual.
1. Information We Collect When you use our Products, we collect the following types of information:
- a. Account information: When you use our Products you may need to create an account with us. In order to create an account, you will need to provide us with login credentials (which include your username and password), your name, email address, postal address, and phone number.
- b. General usage data: When you use our Products we may collect technical properties of hardware and software you use in conjunction with our Products. For example, we may collect the type and model of hardware and/or web browser you are using, referring or exit web pages, and the operating system version you are using. When you use our Products we may also collect information about how long you use our Product in each session, features you use in our Products, how long you use our Products overall, the time and day you accessed our Products, etc. We may record mouse clicks, movements, and other interactions with our pages or features to help us improve usability.
- c. Purchase and Payment Information: While payments made through our Products are processed through a third party, we may collect information to administer, manage, and fulfill the purchases you make. For example, we may collect your name, email address, account information, what is ordered, the date and time of the order, the quantity and price of the order, whether payment was made, method of payment, purchase history, and if you re-ordered. We may record mouse clicks, movements, and other interactions with our pages or features to help us improve usability.
- d. Location information: When you use our Products, enable data services, use the browser or location-based functionality on your device, location information associated to your device (e.g. Global Positioning System (GPS) or similar satellite triangulation information, Internet Protocol address (IP address) information, carrier or tower ID, the BSSID (Broadcast Service Set Identifier) and MAC address (Media Access Control address) of Wi-Fi access points, and signal strength of visible Wi-Fi hotspots or wireless towers) may be communicated to the Company or our service providers. If we collect and subsequently store such information, it will be in a form that does not personally identify you (e.g. the Company does not maintain a system that would link specific individuals to a BSSID). The Company may process such information to provide you with or facilitate the provision of information and location-based services (e.g. mapping services, measuring traffic congestion, location-sensitive promotions or coupons). If you choose to use location-based services, you agree that such geographic location information may be processed to provide you with such services. If you choose to use location-based services or other applications to disclose your location to other persons or entities, you assume responsibility for the risks involved in doing so, and it is your responsibility to use them appropriately and according to applicable law. If you use Third Party Offerings which provide location-based services, please review the third party's terms and conditions and privacy policy regarding how your location and personal information will be processed, and how to opt-out of any location-based services and advertising provided by the third party.
- e. Third party information: If necessary to fulfill our identified purposes, we may combine the information you submit to us with information obtained from other sources or third party offerings. For example, we may receive personal information about you from third parties involved in providing you with the products, services, hardware, software, and websites you are utilizing, such as from your email, social media, and online file storage provider to facilitate the integration of those products, services, software, and websites with our Products. We treat all such personal information in accordance with this Policy and the terms and conditions between us and such third parties, if any, may also apply. However, the third party’s own use of your personal information in such cases will be determined by your agreement(s) with the third party, unless that third party is one of our service providers.
- f. Quality assurance and customer service: Your customer service telephone calls and emails with us and our service providers, if any, may be recorded, logged, and/or monitored for quality assurance and customer service purposes such as to assist in addressing your inquiries, troubleshooting, training and analytics to identify trends and make improvements to our Products and customer service. As part of the recording and logging of the calls and emails, we will collect information like the identity of the caller or sender of email, the date and time of the call or email, and the subject and resolution of the issue.
- g. Cookies: In addition, when you visit our Platform, we collect certain information about your activity on our Platform, as described below under the heading “Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts.
Some of this information would not by itself identify you to us or be personally identifiable and is therefore considered non-personal information. If we combine any such non-personal information with other personal information available to us, the combined information will be treated as personal information in accordance with this Policy.
2. Our Use of Information We Collect We use the personal information we collect about you:
-
g. Cookies:
to understand and meet your needs and preferences, and/or to provide you with our Products, for example:
- for purposes related to the billing, activation, provision, maintenance, support, troubleshooting, resolving of disputes, deactivation, upgrade, or update of Products;
- to process and fulfill your order, send you emails to confirm your order status and shipment, send you Products or goods you order, and allow you to pay for Products and goods you order;
- to ensure Products are technically functioning as intended and to help identify and troubleshoot issues;
- to fulfill or enforce any agreements or notices we provide and are associated with a particular Product (“Notices”);
- to manage or respond to your inquiries;
- In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another entity;
- to respond to court orders, warrants or other lawful requests or legal processes;
- to provide emergency assistance in situations that may threaten the life or physical safety of you or others;
- or for any other purposes for which you have consented, such as those that may be set out in Notices, and other purposes as permitted or required by any applicable law.
Not with standing anything to the contrary contained in this Policy, we may remove personal identifiers from your information
and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information.
Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights,
and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use,
distribute, transmit, transfer, license, trade, rent, share, assign, and sell the de-identified and/or aggregated information.
We will retain your personal information as long as necessary for the fulfillment of the identified purposes or as otherwise
necessary to comply with applicable laws.
You may update your communication preferences anytime by writing us
at hello@shopbonsai.ca.
3. To whom we Disclose your Personal Information We use the personal information we collect about you:
-
g. Cookies:
In accordance with this Policy, we may share your personal information:
- within Company and/or with our service providers such as a cloud service provider in Canada, the United States, and the European Economic Area for data storage;
- with our financial, insurance, legal, accounting or other advisors that provide professional services to us;
- if we have your consent;
- with third parties involved in providing our Products to you which may include authorized resellers, distributors, and merchants of record or payment processors, including companies like Facebook and Google;
- and any and all information about your use of the Products with your employer or its agents if your employer has provided you with access to the Products;
- as necessary to complete any transactions while using our Products;
- respond to a subpoena, order, legal process, or government request; protect, establish or exercise our legal rights or defend against legal claims;
- investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person;
- as otherwise required by law;
- or if we are to be sold, merged, or amalgamated or substantially all of its assets are to be sold or disposed of, your personal information may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
- to respond to court orders, warrants or other lawful requests or legal processes;
- to provide emergency assistance in situations that may threaten the life or physical safety of you or others;
- or for any other purposes for which you have consented, such as those that may be set out in Notices, and other purposes as permitted or required by any applicable law.
4. Your Decisions About Your Personal Information
At any time you can contact us to: stop receiving emails from us; review the personal information held by us in connection with your account;
withdraw your consent for our use and disclosure of your information; request a list of third parties to which we may have provided your personal
information; close your account; and amend your personal information, by writing to us at 111 George Street, Suite 202, Toronto, Ontario, M5A 2N4.
You can always unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of every
promotional email from us.
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify
you and tell you about the existence, use and disclosure of your personal information and this personal information will only be used for this
purpose. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no
cost to you in accordance with applicable laws.
Generally, you may withdraw at any time your consent for us to collect, use, and disclose your personal information in accordance with this Policy,
subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your personal information
as may be required to provide you with our Products, and to the extent that we are contractually obligated to do so or as necessary to enforce any
contractual obligations you may have with us. If you refuse to provide us with the information we require or later contact us to withdraw your consent
for us to use and disclose your personal information, we may no longer be able to provide you with our Products.
5. Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts
When you visit the Platform, we collect certain information by automated means, such as through server log files, cookies (text files sent to and
stored on your device when you access the Platform), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information
back to the Platform), and embedded scripts (programming code that is designed to collect information about your interactions with the Platform,
such as the links you click on, and which is active only when you are accessing the Platform).
The information we collect in this manner may include details about the computer, mobile phone, or other device used to access the Platform (such as
browser type, operating system, and IP address), referring URLs and information on actions taken or interaction with our digital assets.
When you visit our Platform, we may allow some third parties (such as advertising networks and data analytics companies) to collect information
about your online activities over time and across different websites. Your browser settings may allow you to automatically transmit a “Do Not
Track” signal to websites and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track”
means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal
from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.
In some instances, we may also combine information we receive about you from third parties with information we collect through the Platform.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser
cookies. Please note that if you choose to remove or reject cookies, our web applications, mobile applications, or certain features thereof,
may no longer function.
6. Security
We aim to provide you with a safe experience. We have in place certain physical, technical, and administrative safeguards designed to
appropriately protect the security and privacy of your personal information against loss, theft, and unauthorized access, disclosure, copying,
use, or modification. Please note, however, that we cannot guarantee that the measures we maintain will guarantee the security of the information.
We limit access to your personal information within the Company to individuals with a need to know.
Your personal information may be collected, used, processed, transferred, and retained in multiple countries including Canada, the United States,
and the European Economic Area which may be outside the region in which you are situated and may have different privacy or data protection
legislation, and may therefore be subject to the laws of these countries. If you are a resident of the European Economic Area or a country which
restricts data transfers outside of that jurisdiction or region without your consent, by using our Products, you consent to your personal
information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.
7. Links to Other Sites We provide links on our Platform to third party sites we think you will enjoy. These sites operate independently of us and may have established their own privacy and security policies. Any personal information you provide on linked pages or other sites is subject to that third party’s privacy policy. We strongly encourage you to review these policies at any site you visit. This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked websites which are provided solely for your convenience.
8. Children 's Online Privacy Protection The Platform and Products are not intended for use by children under 18 years of age. We do not knowingly collect or use any personal information from any children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such personal information from our database.
9. Questions or Comments If you have any questions or comments or wish to make a complaint about this Policy, please feel free to contact us by delivery in person, by courier or by the mail, to us at 111 George Street, Suite 202, Toronto, Ontario, M5A 2N4 or by email at hello@shopbonsai.ca. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws. Depending on the circumstances and applicable laws, we may refuse to process certain access requests (for example, access requests that are unreasonably repetitive or systematic, would be extremely impractical or require disproportionate technical effort).
10. (For California Residents) Your California Privacy Rights California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please email us at hello@shopbonsai.ca. However, please note that under the law, services such as ours that permits California residents to opt in to, or opt out of, this type of sharing are not required to provide such information upon receiving a request, but rather may respond by notifying the user of his or her right to prevent the disclosure. To opt out of having information about you shared with third parties for direct marketing purposes, please email us at hello@shopbonsai.ca.
(For Nevada Residents) Your Nevada Privacy Rights If you are a Nevada resident who visits our website you may review and request changes to any of your personal information that is collected on our website. Please refer to paragraph 1(c)-(e) for information regarding information available to third party from your activities on our website. To exercise this right, please email us at hello@shopbonsai.ca. Any revision to this Notice required by changes to Nevada law will be posted on this website, so you are advised to review each time there is an update posted.
Modifications to this Privacy Policy We may make modifications, deletions, and/or additions to this Privacy Policy at any time. Users are advised to check the date listed at the top of this Privacy Policy for any new updates. By Using our Products you will be deemed to have agreed to the terms of this Privacy Policy as modified, so you are advised to review each time there is an update posted.
Contact Us Questions, comments, or complaints regarding Shop Bonsai’s Privacy Policy or data collection and processing practices can be emailed to hello@shopbonsai.ca.
Updated March 5, 2018
Shop Bonsai and its Affiliates (“Company”, “Bonsai”, “we”, “our” or “us”) values our customers, including you (“you” or “your”) and we respect your privacy and personal information which is information about an identifiable individual (as defined by applicable privacy or data protection laws). The Company owns, operates and maintains the shopbonsai.ca website at www.shopbonsai.ca (the “Website”), and the Shop Bonsai mobile application (the “App”), collectively referred to as the “Platform”. This privacy policy (this “Policy”) applies to your use of our Platform, software, and/or services (“Products”) and describes the kinds of personal information we collect about you, how we use it, how we protect it, and under what circumstances we share it with third parties. This Policy also describes the decisions you can make about your personal information. You may require us to change, amend, or delete the personal information that you have provided to us at any time. “Affiliates” means any entity directly or indirectly controlling or controlled by, or under control with, Shop Bonsai. If this Policy changes in the future, we will post an updated version on our website at www.shopbonsai.ca (the “Website”). We recommend that you check this Website periodically in order to review our current Policy. You can tell if this Policy has changed by checking the effective date that appears at the bottom of this Policy. Depending on the circumstances, we may also decide to send you a notice in other ways in our discretion, such as via email or other contact information you have provided that the Policy was changed. If you continue to use our Products after the Policy changed or notice of the change has been given, you will be deemed to have accepted such changes.
The information we collect is governed by United States ("US") law. By accessing or using our Products or otherwise providing information to us, you consent to the processing and transfer of information in and to the US and other countries.
For purposes of this Policy, "Personal Information" is defined as information that (1) is recorded in any form; (2) is about, or pertains to a specific individual; and (3) can be linked to that individual.
1. Information We Collect When you use our Products you may need to create an account with us. In order to create an account, you will need to provide us with login credentials, including an email address and password.
- a. Account information: When you use our Products you may need to create an account with us. In order to create an account, you will need to provide us with login credentials, including an email address and password.
-
b. General usage data:
When you use our Products we may collect technical properties of hardware and software you use in conjunction with our Products. For example, we may collect the type and model of hardware and/or web browser you are using, referring or exit web pages, and the operating system version you are using.
When you use our Products we may also collect information about how long you use our Product in each session, features you use in our Products, how long you use our Products overall, the time and day you accessed our Products, etc.
We may record mouse clicks, movements, and other interactions with our pages or features to help us improve usability. - c. Purchase and Payment Information: While payments made through our Products are processed through a third party, we may collect information to administer, manage, and fulfill the purchases you make. For example, we may collect your name, email address, postal address, phone number, account information, what is ordered, the date and time of the order, the quantity and price of the order whether payment was made, method of payment, purchase history, and if you re-ordered.
- d. Location information: When you use our Products, enable data services, use the browser or location-based functionality on your device, location information associated to your device (e.g. Global Positioning System (GPS) or similar satellite triangulation information, Internet Protocol address (IP address) information, carrier or tower ID, the BSSID (Broadcast Service Set Identifier) and MAC address (Media Access Control address) of Wi-Fi access points, and signal strength of visible Wi-Fi hotspots or wireless towers) may be communicated to the Company or our service providers. If we collect and subsequently store such information, it will be in a form that does not personally identify you (e.g. the Company does not maintain a system that would link specific individuals to a BSSID). The Company may process such information to provide you with or facilitate the provision of information and location-based services (e.g. mapping services, measuring traffic congestion, location-sensitive promotions or coupons). If you choose to use location-based services, you agree that such geographic location information may be processed to provide you with such services. If you choose to use location-based services or other applications to disclose your location to other persons or entities, you assume responsibility for the risks involved in doing so, and it is your responsibility to use them appropriately and according to applicable law. If you use Third Party Offerings which provide location-based services, please review the third party's terms and conditions and privacy policy regarding how your location and personal information will be processed, and how to opt-out of any location-based services and advertising provided by the third party.
- e. Third party information: If necessary to fulfill our identified purposes, we may combine the information you submit to us with information obtained from other sources or third party offerings. For example, we may receive personal information about you from third parties involved in providing you with the products, services, hardware, software, and websites you are utilizing, such as from your email, social media, and online file storage provider to facilitate the integration of those products, services, software, and websites with our Products. We treat all such personal information in accordance with this Policy and the terms and conditions between us and such third parties, if any, may also apply. However, the third party's own use of your personal information in such cases will be determined by your agreement(s) with the third party, unless that third party is one of our service providers.
- f. Quality assurance and customer service: Your customer service telephone calls and emails with us and our service providers, if any, may be recorded, logged, and/or monitored for quality assurance and customer service purposes such as to assist in addressing your inquiries, troubleshooting, training and analytics to identify trends and make improvements to our Products and customer service. As part of the recording and logging of the calls and emails, we will collect information like the identity of the caller or sender of email, the date and time of the call or email, and the subject and resolution of the issue.
- g. Cookies: In addition, when you visit our Platform, we collect certain information about your activity on our Platform, as described below under the heading “Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts. Some of this information would not by itself identify you to us or be personally identifiable and is therefore considered non-personal information. If we combine any such non-personal information with other personal information available to us, the combined information will be treated as personal information in accordance with this Policy.
2. Our Use of Information We Collect We use the personal information we collect about you:
-
to understand and meet your needs and preferences, and/or to provide you with our Products, for example:
- for purposes related to the billing, activation, provision, maintenance, support, troubleshooting, resolving of disputes, deactivation, upgrade, or update of Products;
- to process and fulfill your order, send you emails to confirm your order status and shipment, send you Products or goods you order, and allow you to pay for Products and goods you order;
- to ensure Products are technically functioning as intended and to help identify and troubleshoot issues;
- to fulfill or enforce any agreements or notices we provide and are associated with a particular Product (“Notices”);
- to manage or respond to your inquiries;
- In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another entity;
- to develop new and enhance existing Products including to communicate with you about them using various means, for example to make available or send to you upgrades or updates, or notices of upgrades or updates of Products;
-
to manage and develop our business and operations, for example;
- to detect, monitor, investigate, mitigate or attempt to prevent fraud and technical or security issues or to protect our property;
- to allow for business continuity and disaster recovery operations;
- to enforce our legal rights;
- for statistical purposes;
- if we believe your actions are inconsistent with the spirit or language of our user agreements or policies;
- to manage or respond to your inquiries;
- In connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another entity;
-
to meet legal and regulatory requirements and to respond to emergency situations, for example:
- to respond to court orders, warrants or other lawful requests or legal processes;
- to provide emergency assistance in situations that may threaten the life or physical safety of you or others;
- or for any other purposes for which you have consented, such as those that may be set out in Notices, and other purposes as permitted or required by any applicable law.
Not with standing anything to the contrary contained in this Policy, we may remove personal identifiers from your information
and maintain and use it in a de-identified form that may be combined with other information to generate aggregated information.
Such de-identified and/or aggregated information will be deemed to be owned by us and we shall have unrestricted title, rights,
and interest to the de-identified and/or aggregated information which may include, without limitation, the right to use,
distribute, transmit, transfer, license, trade, rent, share, assign, and sell the de-identified and/or aggregated information.
We will retain your personal information as long as necessary for the fulfillment of the identified purposes or as otherwise
necessary to comply with applicable laws.
You may update your communication preferences anytime by writing us
at hello@shopbonsai.ca.
3. To whom we Disclose your Personal Information We use the personal information we collect about you:
-
g. Cookies:
In accordance with this Policy, we may share your personal information:
- within Company and/or with our service providers such as a cloud service provider in Canada, the United States, and the European Economic Area for data storage;
- with our financial, insurance, legal, accounting or other advisors that provide professional services to us;
- if we have your consent;
- with third parties involved in providing our Products to you which may include authorized resellers, distributors, and merchants of record or payment processors, including companies like Facebook and Google;
- and any and all information about your use of the Products with your employer or its agents if your employer has provided you with access to the Products;
- as necessary to complete any transactions while using our Products;
- respond to a subpoena, order, legal process, or government request; protect, establish or exercise our legal rights or defend against legal claims;
- investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud, situations involving potential threats to the reputation or physical safety of any person;
- as otherwise required by law;
- or if we are to be sold, merged, or amalgamated or substantially all of its assets are to be sold or disposed of, your personal information may be transferred to a potential purchaser if, and to the extent necessary, it is required for the purposes of deciding whether to proceed with the proposed transaction and completing it. If such a sale, merger, acquisition, or disposal is completed, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with this Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
4. Your Decisions About Your Personal Information
At any time you can contact us to: stop receiving emails from us; review the personal information held by us in connection with your account;
withdraw your consent for our use and disclosure of your information; request a list of third parties to which we may have provided your personal
information; close your account; and amend your personal information, by writing to us at 111 George Street, Suite 202, Toronto, Ontario, M5A 2N4.
You can always unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of every
promotional email from us.
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify
you and tell you about the existence, use and disclosure of your personal information and this personal information will only be used for this
purpose. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no
cost to you in accordance with applicable laws.
Generally, you may withdraw at any time your consent for us to collect, use, and disclose your personal information in accordance with this Policy,
subject to legal or contractual restrictions and reasonable notice. As such, we may continue to collect, use, and disclose your personal information
as may be required to provide you with our Products, and to the extent that we are contractually obligated to do so or as necessary to enforce any
contractual obligations you may have with us. If you refuse to provide us with the information we require or later contact us to withdraw your consent
for us to use and disclose your personal information, we may no longer be able to provide you with our Products.
5. Our Use of Cookies, Log Files, Web Beacons, and Embedded Scripts
When you visit the Platform, we collect certain information by automated means, such as through server log files, cookies (text files sent to and
stored on your device when you access the Platform), web beacons (also known as clear GIFs and pixel tags, which may be used to transmit information
back to the Platform), and embedded scripts (programming code that is designed to collect information about your interactions with the Platform,
such as the links you click on, and which is active only when you are accessing the Platform).
The information we collect in this manner may include details about the computer, mobile phone, or other device used to access the Platform (such as
browser type, operating system, and IP address), referring URLs and information on actions taken or interaction with our digital assets.
When you visit our Platform, we may allow some third parties (such as advertising networks and data analytics companies) to collect information
about your online activities over time and across different websites. Your browser settings may allow you to automatically transmit a “Do Not
Track” signal to websites and online services you visit. However, there is no consensus among industry participants as to what “Do Not Track”
means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal
from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.
In some instances, we may also combine information we receive about you from third parties with information we collect through the Platform.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser
cookies. Please note that if you choose to remove or reject cookies, our web applications, mobile applications, or certain features thereof,
may no longer function.
6. Security
We aim to provide you with a safe experience. We have in place certain physical, technical, and administrative safeguards designed to
appropriately protect the security and privacy of your personal information against loss, theft, and unauthorized access, disclosure, copying,
use, or modification. Please note, however, that we cannot guarantee that the measures we maintain will guarantee the security of the information.
We limit access to your personal information within the Company to individuals with a need to know.
Your personal information may be collected, used, processed, transferred, and retained in multiple countries including Canada, the United States,
and the European Economic Area which may be outside the region in which you are situated and may have different privacy or data protection
legislation, and may therefore be subject to the laws of these countries. If you are a resident of the European Economic Area or a country which
restricts data transfers outside of that jurisdiction or region without your consent, by using our Products, you consent to your personal
information being transferred outside of the European Economic Area or your country for processing or storage by or on behalf of us.
7. Links to Other Sites We provide links on our Platform to third party sites we think you will enjoy. These sites operate independently of us and may have established their own privacy and security policies. Any personal information you provide on linked pages or other sites is subject to that third party’s privacy policy. We strongly encourage you to review these policies at any site you visit. This Policy does not apply to such linked pages or other sites, and we are not responsible for the content or practices of any linked websites which are provided solely for your convenience.
8. Children 's Online Privacy Protection The Platform and Products are not intended for use by children under 18 years of age. We do not knowingly collect or use any personal information from any children under 13 years of age. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such personal information from our database.
9. Questions or Comments If you have any questions or comments or wish to make a complaint about this Policy, please feel free to contact us by delivery in person, by courier or by the mail, to us at 111 George Street, Suite 202, Toronto, Ontario, M5A 2N4 or by email at hello@shopbonsai.ca. If you contact us about your personal information, we will respond to your request within a reasonable time and at minimal cost or no cost to you in accordance with applicable laws. Depending on the circumstances and applicable laws, we may refuse to process certain access requests (for example, access requests that are unreasonably repetitive or systematic, would be extremely impractical or require disproportionate technical effort).
10. (For California Residents) Your California Privacy Rights California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please email us at hello@shopbonsai.ca. However, please note that under the law, services such as ours that permits California residents to opt in to, or opt out of, this type of sharing are not required to provide such information upon receiving a request, but rather may respond by notifying the user of his or her right to prevent the disclosure. To opt out of having information about you shared with third parties for direct marketing purposes, please email us at hello@shopbonsai.ca.
(For Nevada Residents) Your Nevada Privacy Rights If you are a Nevada resident who visits our website you may review and request changes to any of your personal information that is collected on our website. Please refer to paragraph 1(c)-(e) for information regarding information available to third party from your activities on our website. To exercise this right, please email us at hello@shopbonsai.ca. Any revision to this Notice required by changes to Nevada law will be posted on this website, so you are advised to review each time there is an update posted.
Modifications to this Privacy Policy We may make modifications, deletions, and/or additions to this Privacy Policy at any time. Users are advised to check the date listed at the top of this Privacy Policy for any new updates. By Using our Products you will be deemed to have agreed to the terms of this Privacy Policy as modified, so you are advised to review each time there is an update posted.
Contact Us Questions, comments, or complaints regarding Shop Bonsai’s Privacy Policy or data collection and processing practices can be emailed to hello@shopbonsai.ca.
Updated March 5, 2018
- United States
- Canada
Thank You for choosing Shop Bonsai. This user agreement (“Agreement”) is a legal agreement that governs Your access to and use of the Shop Bonsai Platform and Services and Your purchase of Products made available through the Platform and is effective as of the date of You accepting this Agreement.
BY USING THE PLATFORM AND / OR AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE PLATFORM OR SERVICE AND MAY NOT PURCHASE PRODUCTS.
This Agreement is between 9626751 Canada Inc. ("We," "Us", "Our", “Shop Bonsai”, or “Bonsai”) and the person accessing and using this application (“You” or “User”)
”Platform” means the Shop Bonsai mobile platform available for download through the Android and Apple app stores and the website located at shopbonsai.ca.
In consideration of the mutual covenants of the parties and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, You agree with Bonsai as follows:
1. Purpose The Platform is a fashion app for millennial men which provides Users with a platform to engage with daily editorial content (“Bonsai Content”) and an ability to peruse Product Content (as defined below) and purchase products from a curated collection of brands that are promoted and offered for sale to Users through the Platform (“Products”) from Product owners (each a “Product Seller”).
2. Accounts and Passwords To access and use certain features of the Platform, including to purchase Products through the Platform, You will need to register with Us and create an account by providing Us with Your e-mail address, shipping address, telephone number, full name, credit card information (or other payment information) (“Registration Data”). If You are registering through Facebook or other social media sites, You agree to provide the necessary approvals and consents to do so. You agree that You will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which You choose or that are assigned to You as a result of any registration or account creation with the Platform: and (c) be responsible for all activities that occur under such password or account. Further, You agree to immediately notify Us of any unauthorized use of Your password or account in the event that the confidentiality of Your password or Your account is compromised. Failure to comply with this Section may result in immediate termination of Your account.
3. Children The Platform and Services are not intended to be used by, and are not marketed or directed towards, children or any person under the age of 18. To use and access the Platform and Services You must be a resident of Canada or the United States and at least eighteen (18) years of age. We will not be liable for any damages that may result from misrepresentation of age by a user of the Platform.
5. Content and Trademarks
Product Content: All images, photographs, graphics, data, Product Pricing, text, music, sound, video, or any other content, including warranty statements, and other information related to Products and displayed on the Platform (“Product Content”) is owned by the applicable Product Sellers or their licensors. We are not responsible for and assume no liability for Product Content, or any mistakes or issues of any nature with respect to, Product Content. All Product Content is protected by United States, Canadian, and international copyright laws.
Product Trademarks: All Product, brand and names and logos and trademarks displayed on the Platform or used in connection with the Products are the trademarks of the Product Sellers or their respective licensors (“Brand Marks”). Your display, reproduction or other use of any of any Brand Marks appearing on the Platform without the express written consent of the owner of the Brand Mark is strictly prohibited.
Bonsai Content: Bonsai Content includes all images, text, works, audio files, sounds and other content and data other than Product Content and Brand Marks that is displayed on the Platform (“Bonsai Content”). Bonsai Content is either originally developed by Bonsai or is used by Bonsai under license from third parties. Shop Bonsai is a Bonsai trademark. All Bonsai Content is protected by United States, Canadian, and international copyright laws.
Third Party Links: The Platform may contain links to third party websites. We do not endorse and are not responsible or liable for any such other websites or any content or materials thereon, including such sites’ availability, accuracy, the related content, products, or services. You are solely responsible for Your use of any such third party websites and You may be subject to any applicable third party terms and conditions.
6. Use of Platform and Content
Rights: We hereby grant You, subject to the terms of this Agreement, a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to access the Platform for the purpose of: (a) viewing Bonsai Content for Your personal, non-commercial and informational use only; (b) viewing Product Content for Your personal, non-commercial and informational use only; and (c) purchasing Products. Except for the limited licenses and rights expressly granted to You in the Agreement, this Agreement does not grant You any other right or license, whether express or implied, by estoppel, or otherwise, including in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Bonsai or any third party. We may terminate this license at any time for any reason whatsoever. We reserve all rights not expressly granted in this Agreement.
Restrictions: You agree not to: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any Product Content, Bonsai Content or Brands Marks; (b) market, sell, re-sell or make commercial use of the Platform or any Product Content, Bonsai Content or Brands Marks; (c) copy, scrape, frame or collect from the Platform any of the Product Content, Bonsai Content or Brands Marks, including through the use of any data mining, robots, or similar data gathering and extraction methods or technologies; (d) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (e) to the maximum extent permitted by applicable law take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Platform or to shut down, overload or overwhelm the Platform. All rights not expressly granted to you in this User Agreement are reserved and retained by Shop Bonsai or the owners of Product Content, as the case may be.
7. Content Accuracy We strive for accuracy, however occasionally, the information on the Platform may contain typographical errors, inaccuracies, or omissions in relation to Product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after You have submitted an order). In the event of a pricing error on an item You have ordered, We will notify you and await Your approval of the corrected price before continuing with Your order.
8. Privacy and Security
As a visitor, the Platform automatically recognizes Your Internet service provider, but You cannot be identified as an individual. For customers who make a Product purchase, We do use Your Registration Data in order to process Your purchase. We use industry-standard encryption technologies when transferring and receiving your personal information.
For more information on how We collect, use and disclose personal information, including the use of cookies and other tools on the Platform, please review our Privacy Policy at here.
You agree that Your use of the Platform and the Services is subject to the terms of our Privacy Policy which is hereby incorporated by reference into, and forms an integral part of, the Agreement.
9. Purchases and Payment
Payment Processor: We have engaged a third party payment processor, currently Stripe Inc. (“Stripe”) as Our payment processor. When You place an order for Products You authorize Us to process Your payment for Products, applicable taxes and stated shipping charges though Stripe and to make adjustments to Your payment to reflect returns and other account adjustments. Stripe collects the data and personal information You submit when making a purchase through the Platform. By submitting Your personal information to Stripe, You consent to the collection, use and disclosure of such information for the purposes of processing payment and fulfilling Your Product order. Please review the Stripe privacy policy which can be found at www.stripe.com/ca/privacy or more information about how Stripe collects, uses, and discloses personal information. We shall not be responsible or liable, directly or indirectly, for any damage or loss suffered by You which is caused or alleged to be caused by or in connection with the processing of Your payment by Stripe, including the collection, use, or disclosure of personal information by Stripe as authorized herein.
Product Orders: Upon submission of a Product Order through the Platform We will notify the applicable Product Seller of the order and the Product Seller will ship the Product to You generally within 48 hours of its receipt of the order. Any stated shipping dates are estimated dates only and neither the Product Seller nor Bonsai will be liable for any failure to deliver within such period, or any other period of time.
10. Returns
Return Policy: The Product return policy for all Products sold by Product Sellers through the Platform is as follows:
Merchant Product Defects – Return within 28 Days. You may returns a Product for a full refund within 28 days of Your receipt of a Product for reason of manufacturer defect. The Product Seller will pay the return shipping charges and to refund the original shipping charges paid by You.
Merchant Product Defects - Exchange. If a particular Product Seller’s warranty provides for an exchange its Product due to a manufacturer defect beyond the 28-day period specified above, then the Product Seller will be responsible to pay the return shipping charges from You to the Product Seller and the replacement shipping charges from the Product Seller to You.
Product Returns within 28 Days. Product Sellers will accept returns of a Product for a full refund within 28 days of delivery of a Product to You for any reason other than defect. We will be responsible to pay the return shipping charges in such instance.
Return Procedure: Returns are initiated in the Bonsai app. You may also contact Us at hello@shopbonsai.ca.
Refund Processing: Refunds will be processed through Stripe and credited to the account or credit card used for the original purchase.
11. Limitations and Exclusions
Return Policy: The Product return policy for all Products sold by Product Sellers through the Platform is as follows:
No Warranty.
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, THE PRODUCT CONTENT, BONSAI CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND AS REQUIRED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY PRODUCT CONTENT OR BONSAI CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY PRODUCT CONTENT OR BONSAI CONTENT BY YOU IS YOUR SOLE RESPONSIBILITY AND LIABILITY.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL BE RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY PRODUCTS, CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE PLATFORM IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
Merchant's Liability. You understand and agree that the Product Seller listed as the provider of the Products specified in Your order is: (a) solely responsible for redeeming any Product orders We submit to the Product Seller; (b) fully responsible for all Products it provides to You, and (c) solely liable for all damages or losses arising out of the Products provided.
Bonsai’s Liability. You further acknowledge and agree that none of Bonsai and its affiliates partners, officers, directors, employees, shareholders and agents (“Bonsai Parties”) are responsible for Product defects, and You release the Bonsai Parties from any and all claims for injuries, damages, liabilities and costs that You may suffer, directly or indirectly, in full or in part, as a result of Your purchase and use of any Products, your reliance on any Product or Product Content (including in respect of any errors, mistakes or inaccuracies), any failure of a Product Seller to deliver Products or otherwise relating to Products and Product Content.
General Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE BONSAI PARTIES BE LIABLE TO YOU, OR TO ANY OTHER PERSON, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES) THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH: (A) THE PLATFORM (B) ANY CONTENT (C) ANY PRODUCTS (D) ANY FAILURE TO PROVIDE, OR USE OF, OR RELIANCE ON, THE PLATFORM, ANY CONTENT OR PRODUCTS, (E) HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN OR (F) ANY ACTS, OMISSIONS OR FAILURES OF ANY THIRD PARTY, INCLUDING THE PAYMENT PROCESSOR, HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE) AND WHETHER OR NOT FORESEEABLE, EVEN IF THE BONSAI PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH LOSSES, COSTS OR DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTIONS TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT ANY OF THE FOREGOING LIMITATIONS ARE DETERMINED TO BE UNENFORCEABLE OR INVALID BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT WILL OUR LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED TWENTY FIVE ($25.00) U.S. DOLLARS.
12. Indemnity You agree to indemnify, hold harmless, and defend the Bonsai Parties from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to legal fees), incurred by or made against the Bonsai Parties in connection with any claim arising from or related to: (i) Your access and use or anyone’s access and use of your account; (ii) any breach or violation of this Agreement by You or anyone utilizing Your account; (iii) Your use of the Platform.
13. Sanctions and Export Policy You may not use the Bonsai Platform if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by governments of the country where you are using the Bonsai Platform. You must comply with U.S. or other export restrictions that may apply to goods purchased by You using the Bonsai Platform. You may not use the Bonsai Platform if you are the subject of Canadian sanctions or of sanctions consistent with Canadian law imposed by governments of the country where you are using the Bonsai Platform. You must comply with Canadian or other export restrictions that may apply to goods purchased by You using the Bonsai Platform.
14. General Terms
Law and Jurisdiction. The Agreement shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada. For the purpose of all legal proceedings, the Agreement shall be deemed to have been performed in the Province of Ontario, Canada and the parties hereto expressly confirm that the law of the Province of Ontario is the proper law. Any dispute, difference or question relating to or arising among any of the Parties concerning the construction, meaning, effect or implementation of this Agreement or the rights or obligations of any Party hereof will be submitted to, and settled pursuant to the Arbitration Act (Ontario) (the “Arbitration Act”) provided that: (i) any hearing in the course of the arbitration shall be held in Toronto, Ontario in the English language; (ii) the number of arbitrators shall be one; (iii) failing agreement on the selection of the arbitrator, the arbitrator shall be appointed pursuant to the Arbitration Act; (iv) the law applicable to the arbitration shall be as set forth in Section 13(c) above; (v) the arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The arbitrator shall have the right to award costs (including legal fees and the costs of the arbitration) and interest. Any award or determination of the arbitrator shall be final and binding on the Parties and no appeal will lie. Each party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably attorns to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder. The United Nations “Convention Relating To A Uniform Law On The International Sale Of Goods” shall not apply.
Waiver of Jury Trial. The parties waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.
Waiver of Class Actions. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Entire Agreement. This Agreement constitutes the entire and exclusive agreement between You and Bonsai with respect to the Platform and Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.
Waiver. No delay or omission by a party to exercise any right or power it has under the Agreement or to object to the failure of any covenant of the other party to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of the Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of the Agreement shall be valid and enforceable to the extent granted by law.
Language. It is the express wish of the parties hereto that the Agreement be drawn up in English. La volonté expresse des parties aux présentes est que ce “Agreement” soit rédigé en anglais. You and We hereby waive any right to use and rely upon any other language.
Assignment. The Agreement shall be binding upon and shall enure to the benefit of and be enforceable by each of the parties hereto, their respective successors and permitted assigns. You may not assign or delegate this Agreement or any of your rights in this Agreement, and any such attempt is void. Bonsai may assign this Agreement and its rights to any person without notice or consent.
Electronic Agreement. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Parties. Each party shall be acting as an independent contractor in performing its obligations hereunder and shall not be considered or deemed to be an agent, employee, joint venturer or partner of the other party. Neither party by virtue of the Agreement shall have any right, power or authority, express or implied, to act on behalf of or enter into any undertaking binding the other party.
No Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
Notice. All notices or approvals required or permitted under this Agreement will be in writing and delivered by email transmission or overnight delivery service or certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent: (i) to Bonsai at hello@shopbonsai.ca and (ii) to You at the physical or electronic email address provided by You during the merchant registration process. For notices sent by email the date of receipt will be deemed the date on which such notice is transmitted. If You have not registered We may provide notices or communications to You on the Platform and You agree that such notices shall constitute notice to You whether or not You actually access the notice.
Force Majeure. We shall not be liable for delays in or for failures to perform hereunder due to causes beyond Our reasonable control, including without limitation, acts of God, Your acts or omissions, third party product or service failures, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power, surges or outages, epidemics, flood, earthquakes, riot, or war.
Compliance with Laws. Each party agrees to fully comply with all laws applicable to their respective obligations pursuant to this Agreement.
Survival of Terms. Notwithstanding the termination or expiration of this Agreement for any reason, Sections 4, 5, 8, 11, 12 and 13 shall survive any such termination or expiration. The remaining Sections shall survive for so long as is necessary for their full observance or performance.
Interpretation. In the Agreement: (i) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (ii) all usage of the words “including” or “include” or the phrase “e.g.” in this Agreement shall mean “including, without limitation”; (iii) the division into separate Articles, Sections and Subsections and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Addendum; (iv) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; (v) if any payment is required to be made or other action is required to be taken on a day which is not a business day, then such payment or action, as the case may be, shall be made or taken on the next business day; and (vi) the parties agree that the Agreement shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of the Agreement.
Modifications: We may revise this Agreement from time to time and the most current version will always be posted on the Platform. We recommend You frequently visit the Platform to monitor any changes to this Agreement. In the event of any material change to this Agreement, We will post a notice on the Platform that We have changed this Agreement. We may (but are not required to) email You to provide notice that We have changed this Agreement. We are not responsible if any email notice gets caught by your email filter and You do not see the email, if You provided us the wrong email address, if You failed to update Your email address, or if there are other Internet or communications issues that prevent Our email from reaching You. Your continued access to and use of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. By continuing to access or use the Platform after changes become effective, You agree to be bound by the revised terms. If You do not agree to the revised terms, You must stop using the Platform. Any new services, content, and functionality available to You through the Services will be subject to this Agreement and any additional terms that accompany the new services, content, and functionality.
Third Party Terms and Acknowledgements This application makes use of the following third party libraries and Your use of the Platform is subject to the following:
Google
Copyright 2015 Google Inc.
Licensed under the Apache License, Version 2.0 (the "License"); You may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Facebook
Copyright (c) 2014-present, Facebook, Inc. All rights reserved.
You are hereby granted a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute this software in source code or binary form for use in connection with the web services and APIs provided by Facebook.
As with any software that integrates with the Facebook platform, Your use of this software is subject to the Facebook Developer Principles and Policies [http://developers.facebook.com/policy/]. This copyright notice shall be included in all copies or substantial portions of the software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Others
This application may make use third party libraries which are licensed from their respective owners, under the Apache License, Version 2.0; the MIT License, or another license.
Updated March 5, 2018
Thank You for choosing Shop Bonsai. This user agreement (“Agreement”) is a legal agreement that governs Your access to and use of the Shop Bonsai Platform and Services and Your purchase of Products made available through the Platform and is effective as of the date of You accepting this Agreement.
BY USING THE PLATFORM AND / OR AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE PLATFORM OR SERVICE AND MAY NOT PURCHASE PRODUCTS.
This Agreement is between 9626751 Canada Inc. ("We," "Us", "Our", “Shop Bonsai”, or “Bonsai”) and the person accessing and using this application (“You” or “User”)
”Platform” means the Shop Bonsai mobile platform available for download through the Android and Apple app stores and the website located at shopbonsai.ca.
In consideration of the mutual covenants of the parties and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, You agree with Bonsai as follows:
1. Purpose The Platform is a fashion app for millennial men which provides Users with a platform to engage with daily editorial content (“Bonsai Content”) and an ability to peruse Product Content (as defined below) and purchase products from a curated collection of brands that are promoted and offered for sale to Users through the Platform (“Products”) from Product owners (each a “Product Seller”).
2. Accounts and Passwords To access and use certain features of the Platform, including to purchase Products through the Platform, You will need to register with Us and create an account by providing Us with Your e-mail address, shipping address, telephone number, full name, credit card information (or other payment information) (“Registration Data”). If You are registering through Facebook or other social media sites, You agree to provide the necessary approvals and consents to do so. You agree that You will: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which You choose or that are assigned to You as a result of any registration or account creation with the Platform: and (c) be responsible for all activities that occur under such password or account. Further, You agree to immediately notify Us of any unauthorized use of Your password or account in the event that the confidentiality of Your password or Your account is compromised. Failure to comply with this Section may result in immediate termination of Your account.
3. Children The Platform and Services are not intended to be used by, and are not marketed or directed towards, children or any person under the age of 18. To use and access the Platform and Services You must be a resident of Canada or the United States and at least eighteen (18) years of age. We will not be liable for any damages that may result from misrepresentation of age by a user of the Platform.
5. Content and Trademarks
Product Content: All images, photographs, graphics, data, Product Pricing, text, music, sound, video, or any other content, including warranty statements, and other information related to Products and displayed on the Platform (“Product Content”) is owned by the applicable Product Sellers or their licensors. We are not responsible for and assume no liability for Product Content, or any mistakes or issues of any nature with respect to, Product Content. All Product Content is protected by United States, Canadian, and international copyright laws.
Product Trademarks: All Product, brand and names and logos and trademarks displayed on the Platform or used in connection with the Products are the trademarks of the Product Sellers or their respective licensors (“Brand Marks”). Your display, reproduction or other use of any of any Brand Marks appearing on the Platform without the express written consent of the owner of the Brand Mark is strictly prohibited.
Bonsai Content: Bonsai Content includes all images, text, works, audio files, sounds and other content and data other than Product Content and Brand Marks that is displayed on the Platform (“Bonsai Content”). Bonsai Content is either originally developed by Bonsai or is used by Bonsai under license from third parties. Shop Bonsai is a Bonsai trademark. All Bonsai Content is protected by United States, Canadian, and international copyright laws.
Third Party Links: The Platform may contain links to third party websites. We do not endorse and are not responsible or liable for any such other websites or any content or materials thereon, including such sites’ availability, accuracy, the related content, products, or services. You are solely responsible for Your use of any such third party websites and You may be subject to any applicable third party terms and conditions.
6. Use of Platform and Content
Rights: We hereby grant You, subject to the terms of this Agreement, a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to access the Platform for the purpose of: (a) viewing Bonsai Content for Your personal, non-commercial and informational use only; (b) viewing Product Content for Your personal, non-commercial and informational use only; and (c) purchasing Products. Except for the limited licenses and rights expressly granted to You in the Agreement, this Agreement does not grant You any other right or license, whether express or implied, by estoppel, or otherwise, including in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Bonsai or any third party. We may terminate this license at any time for any reason whatsoever. We reserve all rights not expressly granted in this Agreement.
Restrictions: You agree not to: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any Product Content, Bonsai Content or Brands Marks; (b) market, sell, re-sell or make commercial use of the Platform or any Product Content, Bonsai Content or Brands Marks; (c) copy, scrape, frame or collect from the Platform any of the Product Content, Bonsai Content or Brands Marks, including through the use of any data mining, robots, or similar data gathering and extraction methods or technologies; (d) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (e) to the maximum extent permitted by applicable law take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Platform or to shut down, overload or overwhelm the Platform. All rights not expressly granted to you in this User Agreement are reserved and retained by Shop Bonsai or the owners of Product Content, as the case may be.
7. Content Accuracy We strive for accuracy, however occasionally, the information on the Platform may contain typographical errors, inaccuracies, or omissions in relation to Product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after You have submitted an order). In the event of a pricing error on an item You have ordered, We will notify you and await Your approval of the corrected price before continuing with Your order.
8. Privacy and Security
As a visitor, the Platform automatically recognizes Your Internet service provider, but You cannot be identified as an individual. For customers who make a Product purchase, We do use Your Registration Data in order to process Your purchase. We use industry-standard encryption technologies when transferring and receiving your personal information.
For more information on how We collect, use and disclose personal information, including the use of cookies and other tools on the Platform, please review our Privacy Policy at here.
You agree that Your use of the Platform and the Services is subject to the terms of our Privacy Policy which is hereby incorporated by reference into, and forms an integral part of, the Agreement.
9. Purchases and Payment
Payment Processor: We have engaged a third party payment processor, currently Stripe Inc. (“Stripe”) as Our payment processor. When You place an order for Products You authorize Us to process Your payment for Products, applicable taxes and stated shipping charges though Stripe and to make adjustments to Your payment to reflect returns and other account adjustments. Stripe collects the data and personal information You submit when making a purchase through the Platform. By submitting Your personal information to Stripe, You consent to the collection, use and disclosure of such information for the purposes of processing payment and fulfilling Your Product order. Please review the Stripe privacy policy which can be found at www.stripe.com/ca/privacy or more information about how Stripe collects, uses, and discloses personal information. We shall not be responsible or liable, directly or indirectly, for any damage or loss suffered by You which is caused or alleged to be caused by or in connection with the processing of Your payment by Stripe, including the collection, use, or disclosure of personal information by Stripe as authorized herein.
Product Orders: Upon submission of a Product Order through the Platform We will notify the applicable Product Seller of the order and the Product Seller will ship the Product to You generally within 48 hours of its receipt of the order. Any stated shipping dates are estimated dates only and neither the Product Seller nor Bonsai will be liable for any failure to deliver within such period, or any other period of time.
10. Returns
Return Policy: The Product return policy for all Products sold by Product Sellers through the Platform is as follows:
Merchant Product Defects – Return within 28 Days. You may returns a Product for a full refund within 28 days of Your receipt of a Product for reason of manufacturer defect. The Product Seller will pay the return shipping charges and to refund the original shipping charges paid by You.
Merchant Product Defects - Exchange. If a particular Product Seller’s warranty provides for an exchange its Product due to a manufacturer defect beyond the 28-day period specified above, then the Product Seller will be responsible to pay the return shipping charges from You to the Product Seller and the replacement shipping charges from the Product Seller to You.
Product Returns within 28 Days. Product Sellers will accept returns of a Product for a full refund within 28 days of delivery of a Product to You for any reason other than defect. We will be responsible to pay the return shipping charges in such instance.
Return Procedure: Returns are initiated in the Bonsai app. You may also contact Us at hello@shopbonsai.ca.
Refund Processing: Refunds will be processed through Stripe and credited to the account or credit card used for the original purchase.
11. Limitations and Exclusions
Return Policy: The Product return policy for all Products sold by Product Sellers through the Platform is as follows:
No Warranty.
YOU UNDERSTAND AND AGREE THAT THE PLATFORM, THE PRODUCT CONTENT, BONSAI CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND AS REQUIRED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY PRODUCT CONTENT OR BONSAI CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY PRODUCT CONTENT OR BONSAI CONTENT BY YOU IS YOUR SOLE RESPONSIBILITY AND LIABILITY.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL BE RELIABLE, COMPATIBLE WITH YOUR COMPUTER, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT ANY PRODUCTS, CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE PLATFORM IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS.
Merchant's Liability. You understand and agree that the Product Seller listed as the provider of the Products specified in Your order is: (a) solely responsible for redeeming any Product orders We submit to the Product Seller; (b) fully responsible for all Products it provides to You, and (c) solely liable for all damages or losses arising out of the Products provided.
Bonsai’s Liability. You further acknowledge and agree that none of Bonsai and its affiliates partners, officers, directors, employees, shareholders and agents (“Bonsai Parties”) are responsible for Product defects, and You release the Bonsai Parties from any and all claims for injuries, damages, liabilities and costs that You may suffer, directly or indirectly, in full or in part, as a result of Your purchase and use of any Products, your reliance on any Product or Product Content (including in respect of any errors, mistakes or inaccuracies), any failure of a Product Seller to deliver Products or otherwise relating to Products and Product Content.
General Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE BONSAI PARTIES BE LIABLE TO YOU, OR TO ANY OTHER PERSON, FOR ANY LOSSES, COSTS OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING WITHOUT LIMITATION SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES) THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH: (A) THE PLATFORM (B) ANY CONTENT (C) ANY PRODUCTS (D) ANY FAILURE TO PROVIDE, OR USE OF, OR RELIANCE ON, THE PLATFORM, ANY CONTENT OR PRODUCTS, (E) HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN OR (F) ANY ACTS, OMISSIONS OR FAILURES OF ANY THIRD PARTY, INCLUDING THE PAYMENT PROCESSOR, HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION (INCLUDING FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, EQUITY, STRICT LIABILITY, BY STATUTE OR OTHERWISE) AND WHETHER OR NOT FORESEEABLE, EVEN IF THE BONSAI PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH LOSSES, COSTS OR DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTIONS TO JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT ANY OF THE FOREGOING LIMITATIONS ARE DETERMINED TO BE UNENFORCEABLE OR INVALID BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT WILL OUR LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED TWENTY FIVE ($25.00) U.S. DOLLARS.
12. Indemnity You agree to indemnify, hold harmless, and defend the Bonsai Parties from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to legal fees), incurred by or made against the Bonsai Parties in connection with any claim arising from or related to: (i) Your access and use or anyone’s access and use of your account; (ii) any breach or violation of this Agreement by You or anyone utilizing Your account; (iii) Your use of the Platform.
13. Sanctions and Export Policy You may not use the Bonsai Platform if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by governments of the country where you are using the Bonsai Platform. You must comply with U.S. or other export restrictions that may apply to goods purchased by You using the Bonsai Platform. You may not use the Bonsai Platform if you are the subject of Canadian sanctions or of sanctions consistent with Canadian law imposed by governments of the country where you are using the Bonsai Platform. You must comply with Canadian or other export restrictions that may apply to goods purchased by You using the Bonsai Platform.
14. General Terms
Law and Jurisdiction. The Agreement shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada. For the purpose of all legal proceedings, the Agreement shall be deemed to have been performed in the Province of Ontario, Canada and the parties hereto expressly confirm that the law of the Province of Ontario is the proper law. Any dispute, difference or question relating to or arising among any of the Parties concerning the construction, meaning, effect or implementation of this Agreement or the rights or obligations of any Party hereof will be submitted to, and settled pursuant to the Arbitration Act (Ontario) (the “Arbitration Act”) provided that: (i) any hearing in the course of the arbitration shall be held in Toronto, Ontario in the English language; (ii) the number of arbitrators shall be one; (iii) failing agreement on the selection of the arbitrator, the arbitrator shall be appointed pursuant to the Arbitration Act; (iv) the law applicable to the arbitration shall be as set forth in Section 13(c) above; (v) the arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The arbitrator shall have the right to award costs (including legal fees and the costs of the arbitration) and interest. Any award or determination of the arbitrator shall be final and binding on the Parties and no appeal will lie. Each party irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably attorns to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder. The United Nations “Convention Relating To A Uniform Law On The International Sale Of Goods” shall not apply.
Waiver of Jury Trial. The parties waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to this Agreement.
Waiver of Class Actions. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Entire Agreement. This Agreement constitutes the entire and exclusive agreement between You and Bonsai with respect to the Platform and Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.
Waiver. No delay or omission by a party to exercise any right or power it has under the Agreement or to object to the failure of any covenant of the other party to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights.
Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of the Agreement, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of the Agreement shall be valid and enforceable to the extent granted by law.
Language. It is the express wish of the parties hereto that the Agreement be drawn up in English. La volonté expresse des parties aux présentes est que ce “Agreement” soit rédigé en anglais. You and We hereby waive any right to use and rely upon any other language.
Assignment. The Agreement shall be binding upon and shall enure to the benefit of and be enforceable by each of the parties hereto, their respective successors and permitted assigns. You may not assign or delegate this Agreement or any of your rights in this Agreement, and any such attempt is void. Bonsai may assign this Agreement and its rights to any person without notice or consent.
Electronic Agreement. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Parties. Each party shall be acting as an independent contractor in performing its obligations hereunder and shall not be considered or deemed to be an agent, employee, joint venturer or partner of the other party. Neither party by virtue of the Agreement shall have any right, power or authority, express or implied, to act on behalf of or enter into any undertaking binding the other party.
No Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
Notice. All notices or approvals required or permitted under this Agreement will be in writing and delivered by email transmission or overnight delivery service or certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent: (i) to Bonsai at hello@shopbonsai.ca and (ii) to You at the physical or electronic email address provided by You during the merchant registration process. For notices sent by email the date of receipt will be deemed the date on which such notice is transmitted. If You have not registered We may provide notices or communications to You on the Platform and You agree that such notices shall constitute notice to You whether or not You actually access the notice.
Force Majeure. We shall not be liable for delays in or for failures to perform hereunder due to causes beyond Our reasonable control, including without limitation, acts of God, Your acts or omissions, third party product or service failures, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power, surges or outages, epidemics, flood, earthquakes, riot, or war.
Compliance with Laws. Each party agrees to fully comply with all laws applicable to their respective obligations pursuant to this Agreement.
Survival of Terms. Notwithstanding the termination or expiration of this Agreement for any reason, Sections 4, 5, 8, 11, 12 and 13 shall survive any such termination or expiration. The remaining Sections shall survive for so long as is necessary for their full observance or performance.
Interpretation. In the Agreement: (i) words denoting the singular include the plural and vice versa and words denoting any gender include all genders; (ii) all usage of the words “including” or “include” or the phrase “e.g.” in this Agreement shall mean “including, without limitation”; (iii) the division into separate Articles, Sections and Subsections and the insertion of headings is for convenience of reference only and shall not affect the construction or interpretation of this Addendum; (iv) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; (v) if any payment is required to be made or other action is required to be taken on a day which is not a business day, then such payment or action, as the case may be, shall be made or taken on the next business day; and (vi) the parties agree that the Agreement shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of the Agreement.
Modifications: We may revise this Agreement from time to time and the most current version will always be posted on the Platform. We recommend You frequently visit the Platform to monitor any changes to this Agreement. In the event of any material change to this Agreement, We will post a notice on the Platform that We have changed this Agreement. We may (but are not required to) email You to provide notice that We have changed this Agreement. We are not responsible if any email notice gets caught by your email filter and You do not see the email, if You provided us the wrong email address, if You failed to update Your email address, or if there are other Internet or communications issues that prevent Our email from reaching You. Your continued access to and use of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. By continuing to access or use the Platform after changes become effective, You agree to be bound by the revised terms. If You do not agree to the revised terms, You must stop using the Platform. Any new services, content, and functionality available to You through the Services will be subject to this Agreement and any additional terms that accompany the new services, content, and functionality.
Third Party Terms and Acknowledgements This application makes use of the following third party libraries and Your use of the Platform is subject to the following:
Google
Copyright 2015 Google Inc.
Licensed under the Apache License, Version 2.0 (the "License"); You may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Facebook
Copyright (c) 2014-present, Facebook, Inc. All rights reserved.
You are hereby granted a non-exclusive, worldwide, royalty-free license to use, copy, modify, and distribute this software in source code or binary form for use in connection with the web services and APIs provided by Facebook.
As with any software that integrates with the Facebook platform, Your use of this software is subject to the Facebook Developer Principles and Policies [http://developers.facebook.com/policy/]. This copyright notice shall be included in all copies or substantial portions of the software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Others
This application may make use third party libraries which are licensed from their respective owners, under the Apache License, Version 2.0; the MIT License, or another license.
Updated March 5, 2018