To become a Client, you must provide your name, email address, other registration information, and select a password ("Account Information"), which you should not share with any third parties. Alternatively, you can create an account and become a Client using your valid social networking service ("SNS") account, by entering your SNS credentials and connecting to the Services. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about your size, fit, and style preferences in order to establish your fashion profile ("Fashion Profile"). In order that the Services work best for you, please keep your Fashion Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else's Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has requested a box, we reserve the right to take steps to cancel that request.
SHIPMENTS, RETURNS, AND EXCHANGES
Shipments. When you sign up for a box, we will send you Products chosen by you. You will be able to try them on to see what you like. You can decide to keep all, some, or none of the Products in the shipment, and we will charge you for the items you keep as described in the Try-before-you-buy Fee and Payment section (below).
Returns. If you want to return any of the Products in your box, simply place them in the return package we provide and mail them back to us at no cost to you. Any returned products must be postmarked no later than 4:00 pm CST of your return date (the "Return Date") and must be unworn and returned with tags, and in the original condition. Additionally, you must also complete the checkout (the "Checkout") section in your profile before your Return Date to avoid any charges, to let us know which items you are choosing to keep, and which you are returning. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the returned Products and we determine that the Products were returned unworn, untagged and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products in the box that you do not postmark back to us by the Return Date, and we will charge your Account for those Products any time after the Return Date. Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Jenny's Pick. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item. All bought items, or non-returned items, will be eligible to a thirty (30) days return policy as of the purchase date, under the conditions that the Products were returned unworn, untagged and in their original condition.
Legal Details. Your scheduling of a box is an offer to purchase the Products in the box. We may accept your offer by processing your Try-before-you-buy Fee payment and shipping you the box. For any reason, we may decline to accept your request for a box. If we decline to accept your request for a box, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier.
TRY-BEFORE-YOU-BUY FEE AND PAYMENT
When we ship you a box, we will charge you a non-refundable "Try-before-you-buy Fee" in the amount set forth on the Services. If you contact us to cancel your shipment after the Try-before-you-buy Fee was charged, this fee will be non-refundable. The Try-before-you-buy Fee will be charged to your credit card or other payment method between the time the order is placed and we ship your box. Within seven (7) days of shipment for your box, we request that you return any Products you don't want, no later than you Return Date. If you choose to keep the Products from your box, the Try-before-you-buy Fee will be credited towards the purchase price of those Products. You may pay for the Try-before-you-buy Fee and for any Products from your box via credit card or other payment method then available on the Services. If you have a credit in your Account at the time of processing the Try-before-you-buy Fee or paying for Products, the credit will be applied before we charge your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy, including for Products that are returned late or damaged. If you receive boxes automatically, you agree to the Try-before-you-buy Fee being charged to the card on file on a recurring basis according to the frequency you selected until you cancel the automatic boxes. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
For any declined charges on your payment method for a period of thirty (30) consecutive days, all amounts due will be transferred to a collection agency. The collection agency may take any means necessary to collect any products or amount due by you, and can elect to take legal measures to do so if necessary.
PRICING AND PRODUCTS
You are responsible for paying for all Products in your box unless you return the Products in accordance with our return policy. You are responsible for the payment of any Try-before-you-buy Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Jenny's Pick provides certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.
As a Client, by referring others to Jenny's Pick, you may participate in the Jenny's Pick Referral Program (the "Program"). If you are accepted into the Program, you will receive a referral credit toward future purchases (a "Referral Credit") when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a "Qualifying Referral"): (i) you must share a referral link that is unique to you with your contact; (ii) you must disclose your relationship with Jenny's Pick (e.g., "if you place an order, I'll get a credit"); (iii) the referred person must register for the Services after directly clicking the unique link, (iv) the referred person must, within a reasonable period of time, order a box and meet the minimum requirements applicable at the time the referred person orders a box (e.g., spending at least $25 with Jenny's Pick, but which may vary from time to time and by Client, at Jenny’s Pick sole discretion) (the “Reward Criteria”), and (v) you must be a Client of the Services. The amount of the Referral Credit will be the amount specified on our Referral Program FAQ page at the time the referred friend orders a box and meets the Reward Criteria. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed.
Restrictions. Referral Credits can be accrued solely by you and you may not earn Referral Credits by:
- permitting another individual to use your Account;
- creating multiple Accounts;
- promoting your referral code through paid marketing, such as search engine or social media marketing (e.g., AdWords, Yahoo, Facebook);
- posting your unique referral link on any public forum or coupon site that where you are not the primary content owner (e.g., you may post your referral link on your personal Facebook page or tweet it from your personal Twitter account, but you may not post it on a site like RetailMeNot or Wikipedia); or
- upon notice, any other restriction we impose on participants in the Program.
By acquiring Referral Credits, you agree and acknowledge that Jenny's Pick is granting you a limited, revocable license to a digital item, and that Referral Credits are not your personal property. You may not obtain any cash or money in exchange for Referral Credits. Except as explicitly provided herein, Referral Credits are non-transferable. You are responsible for notifying Jenny's Pick if you believe the number of Referral Credits in your Account is incorrect.
We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits upon notice to you. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these terms or posting a change to the Program on our Referral Program FAQ page. All Referral Credits are voided immediately upon termination of this Agreement or your Account.
ACCESS TO THE SERVICES
OWNERSHIP OF INTELLECTUAL PROPERTY
We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
GENERAL RULES OF USER CONDUCT
You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
RIGHT TO SUSPEND
Jenny's Pick reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of boxes at any time at our discretion including, as necessary to protect the security or operation of the Services.
In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
MODIFICATIONS TO THE SITE OR SERVICES
We reserve the right to modify or discontinue the Services (including boxes) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
THIRD PARTY CONTENT AND OTHER WEBSITES
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the three (3) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (U.S. $50.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.
Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in our head office. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the claim is fraudulent, Jenny's Pick reserve his right to claim all the fees related to the claim to the Client.
Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Arbitration Agreement will continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit exclusively to the personal jurisdiction of the courts located within Montreal, Canada for such purpose.