Acceptance of the Terms and Conditions of Use

These general terms and conditions of use (these “General Terms and Conditions”) constitute a legal agreement and are entered into by and between you and ShopThing Inc. (“Company,” “we,” “us,” “our”). These General Terms and Conditions, together with our Terms and Conditions for Purchasing Goods or Services, and our Privacy Policy govern your access to and use of (i) our website, ShopThing.com, and all pages associated thereto, (ii) the ShopThing iOS mobile app, (iii) the ShopThing Android mobile app, and (iv) the ShopThing page or profile on any social media network, including without limitation, Instagram and Facebook (each a “Site” and collectively, the “Sites”).

BY USING THE SITE(S) YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE GENERAL TERMS AND CONDITIONS, OUR CONDITIONS FOR PURCHASING GOODS OR SERVICES AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE(S) 

By using the Site(s), you represent and warrant that you are 18 years of age or older. If you are between the ages of 13 and 18 you must fully review these Terms and Conditions with your parent or legal guardian prior to using the Site(s). Children under the age of 13 may not use the Site(s). 

Modifications to the Terms and Conditions and to the Site(s) 

We reserve the right in our sole and absolute discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site(s). 

To improve the Site(s), we may add or remove features, functionalities, and the support of certain devices and platforms. Our services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our services, including certain features and the support for certain devices and platforms. Where feasible, we will provide you with prior notice of any such discontinuation. Events beyond our control (such as acts of God, flood, fire, earthquake, explosion, epidemics, pandemics (including COVID-19), war, terrorism, civil unrest, labour actions, national or regional emergencies, or any similar event) may temporarily or permanently impact our ability to provide you with access to the Site(s).

Your Use of the Site(s) and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized collection, use, and disclosure. You can learn more about our security practices by reviewing our Privacy Policy.

The safety and security of your information also depends on you. Users are responsible for maintaining strong security protection and for taking other reasonable precautions necessary to prevent others from gaining access to their accounts on any of our Sites. 

Any username, password, authentication link or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. 

Prohibited Use

You are prohibited from attempting to circumvent, and from violating, the security of the Site(s), including, without limitation by: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized, including by attempting to reverse engineer code or reviewing or modifying application binaries; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting our ability to monitor the Site(s); (f) using any robot, spider, or other automatic device, process, or means to access the Site(s) for any purpose, including monitoring or copying any of the material on the Site(s); (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site(s) or any related site or service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site(s).

You are prohibited from using the Site(s) for any illegal or unauthorized purpose, and you must not use the Site(s) to abuse, harass, threaten, impersonate, or intimidate any other user of the Site(s). 

Intellectual Property Rights and Ownership 

You understand and agree that each Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, and displays, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws and rights including without limitation, copyright, trademark, patent, trade secret, and other proprietary rights. 

The Company name, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Site(s) are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Site(s) for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site(s), in any form or medium whatsoever.

Any use of the Site(s) not expressly permitted by these General Terms and Conditions is a breach of these General Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property laws.

Personal Information: Grant of Licence

The Site(s) may require you to provide certain personal information, such as your name, address and credit card information. By using the Site(s), you agree to our collection, use and disclosure of such personal information in accordance with these General Terms and Conditions, our Terms and Conditions for Purchasing Goods or Services, and our Privacy Policy. You hereby grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, collect and disclose such personal information strictly in accordance with these General Terms and Conditions, our Terms and Conditions for Purchasing Goods or Services, and our Privacy Policy. We will not use your personal information for any other purpose without your consent. 

Geographic Restrictions

The owner of the Site(s)is based in Ontario, Canada. We currently provide the Site(s) for use only by persons located in Canada and the United States. The Site(s) are not intended for use in any jurisdiction where its use is not permitted. If you access the Site(s) from outside Canada or the United States, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF EACH OF THE SITES IS AT YOUR OWN RISK. EACH OF THE SITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE COMPANY MAKES NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF ANY OF THE SITES OR ITS CONTENTS. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF EACH SITE. 

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY OR ANY OF ITS PARENT, SUBSIDIARIES, AFFILIATES OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES OR LOSS FROM, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED, DIRECTLY OR INDIRECTLY, BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, ANY OF THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING SUCH SITE AND ANY RELATED SERVICE.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, representatives, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to your breach of these General Terms and Conditions or your use of the Site(s) other than as expressly authorized in these General Terms and Conditions.

Governing Law and Arbitration

The Site(s) and these General Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision.  

Unless prohibited by applicable law, all disputes and questions whatsoever arising from or in connection with your use of the Site(s) and/or these General Terms and Conditions, the Terms and Conditions for Purchasing Goods or Services or the Privacy Policy shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Toronto, Ontario upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Toronto, Ontario. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding subject to a right of appeal to a court of competent jurisdiction on matters of law only.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction

Waiver 

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these General Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these General Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these General Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These General Terms and Conditions, our Terms and Conditions for Purchasing Goods or Services and our Privacy Policy constitute the sole and entire agreement between you and ShopThing Inc. regarding the Sites(s) and any related service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

Reporting and Contact

This Site(s) are operated by ShopThing Inc., 124 Merton Street, Toronto, Ontario (Canada), M4S 2Z2.

Feedback, comments, requests for technical support, and other communications relating to the Site(s) should be directed to hello@shopthing.com.

Terms & Conditions for Purchasing Goods or Services

Please see our Terms & Conditions for Purchasing Goods or Services page.

 Last updated April 18th, 2023.

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

ShopThing is pleased to offer our users a subscription-based membership program (“ShopThing VIP”). ShopThing VIP offers special access, features and products that are only available to ShopThing VIP Pass holders.

ShopThing VIP’s benefits and features (collectively, the “ShopThing Benefits”) include:

• Early access to live shopping events;

• Member only events;

• Permission to cancel orders and return elligible products;

• The ability to hold products in your shopping cart for a prescribed amount of time; and

• Such other benefits as we, in our sole discretion, may decide to add from time to time

The ShopThing VIP Benefits are subject to restrictions and may change without prior notice at any time, at our sole discretion.

You may only subscribe to ShopThing VIP if you: (i) agree to these terms and conditions (these “Terms”); (ii) are the age of majority in your province or state of residence; and (iii) are not otherwise prohibited by applicable law from accessing or using the Sites (as such term is defined in our General Terms and Conditions).

These Terms are subject to change by ShopThing Inc. (referred to as “ShopThing”, “us”, “we”, or “our” as the context may require) without prior notice at any time, at our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on our Site(s). Your continued use of any Site from and after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

You should review these Terms, together with our General Terms and Conditions, our Terms and Conditions for Purchasing Goods or Services, and our Privacy Policy before subscribing to ShopThing VIP or purchasing any product or services that are available through the Site(s). 

1. Subscription to ShopThing VIP Pass.

   a) ShopThing VIP is available for both iOS and Android users however, Android users need to contact us directly via email (hello@shopthing.com) to sign up for the subscription.

   b) ShopThing VIP Pass holders have the option to pay the ShopThing VIP subscription fee on a monthly or annual basis. Plans automatically renew until canceled. Visit our ShopThing VIP membership page for information regarding our pricing and subscription options.

   c) VIP Passes are non-transferable and non-refundable.

2. Disclaimers.

   a) THE FEATURES AND BENEFITS OF SHOPTHING VIP PASS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

   b) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

3. Limitation of Liability.

   a) EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES OR OURS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES OR LOSS FROM, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED, DIRECTLY OR INDIRECTLY, BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, ANY OF THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING SUCH SITE AND ANY RELATED SERVICE.

   b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE(S).

4. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through our Sites.

5. Force Majeure. We are not liable or responsible to you, nor shall we be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent that our failure or delay is caused by or results from any of the following events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; and (h) other similar events beyond our control.

6. Paramountcy. In the event of any conflict or inconsistency between the provisions of these Terms and the General Terms and Conditions then, notwithstanding anything contained in the General Terms and Conditions, the provisions contained in these Terms shall prevail to the extent of such conflict or inconsistency.

7. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

8. Waiver of Recourse to the Courts and Binding Arbitration.

   a) WHERE PERMITTED BY APPLICABLE LAW, YOU AND SHOPTHING AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

   ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

   b) The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario).

   The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

   If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

9. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 8 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

10. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ShopThing.

11. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

12. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

13. Entire Agreement. These Terms, our General Terms and Conditions, our Terms and Conditions for Purchasing Goods or Services and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. Capitalized terms used herein but not defined herein shall have the meaning ascribed to them in our General Terms and Conditions.

Last Updated April 18th, 2023.

Item descriptionThis document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you adn your purchases with ShopThing. Please read it carefully. 

You may only use our services (the “Services”) if you: (i) agree to these terms and conditions; (ii) are the age of majority in your province or state of residence; and (iii) are not otherwise prohibited by applicable law from accessing or using the Sites. By using the Sites, you accept these Terms and Conditions for Purchasing Goods or Services (these “Terms”). If you do not agree to these Terms you may not use the Sites. We reserve the right to immediately cease offering or deny our Services to you at any time and for any reason.

These Terms apply to the use of the Services through any or all of the following: (i) our website, ShopThing.com, and all pages associated thereto, (ii) the ShopThing iOS mobile app, (iii) the ShopThing Android mobile app, and (iv) the ShopThing page or profile on any social media network, including without limitation, Instagram and Facebook (each a “Site” and collectively, the “Sites”). 

These Terms are subject to change by ShopThing Inc. and each of our affiliates (referred to as “ShopThing”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on our Site(s). 

You should review these Terms, together with our General Terms and Conditions and our Privacy Policy before purchasing any product or services that are available through the Site(s). You should also review the Terms and Conditions for ShopThing VIP before subscribing to ShopThing VIP, which is a premium service provided separately to eligible subscribers. For clarity, these Terms will continue to apply to ShopThing VIP subscribers subject to the Terms and Conditions for ShopThing VIP where applicable. Your continued use of any Site from and after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the General Terms and Conditions that apply generally to the use of our Site(s). You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 10).

1. Services. The Sites enable you request that we purchase items, including clothing, footwear, jewelry, handbags, small leather goods, and other fashion merchandise, beauty products including skincare, cosmetics, and fragrances, and small household goods on your behalf from third party retailers, and to have any items purchased on your behalf shipped to you at an additional expense payable by you.

2. Order Acceptance and Cancellation. You agree that each order you place with ShopThing on its sites is a binding contract for us to buy, under these Terms, all items listed in your order on your behalf. This contract is a binding agreement and cannot be modified after your have agreed to these “Terms” by placing your order. All orders must be accepted by us. Until we have accepted your order we are not obligated to purchase the products on your behalf and/or have them shipped to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3. Prices and Payment Terms.

   a) Service Fees: you agree to pay our service fee, which is determined solely by us, and may be revised from time to time, as posted on our Sites. Our service fee is in addition to any product prices.

   b) Product Prices: you agree that all product prices, discounts, and promotions posted are subject to change without notice. You agree to pay the price charged for a product which will typically be the price advertised by the retailers from whom we are purchasing on your behalf and at your direction. The terms of any promotions or discounts are those determined by the retailers at the time the order is placed. The price charged will be stated in your order confirmation email.

   c) Taxes and other charges: you agree to pay all sales taxes set by the relevant authorities in the locations which we have purchased items on your behalf, which will be added to your total price. Product prices do not include charges for sales taxes, shipping and handling, or our service fees. All such taxes, charges and fees will be added to your total price and, where feasible, will be itemized in your shopping cart and/or your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

   d) Import Duties: as may be required by the governmental authorities of your jurisdiction or the jurisdiction of your shipping location, you agree to pay any and all applicable customs duties, tariffs or other taxes that your purchase order is subject to, in addition to our service fees, the product prices, sales taxes and other applicable charges, including shipping and handling.

   e) Payment of the total price (the “Purchase Price”) being the sum of 3(a), 3(b), 3(c) and 3(d) above (as may be applicable), by any one of the methods of payment that we accept, must be received by us before our acceptance of an order. We currently accept payment through VISA, American Express and MasterCard for all purchases and you have the option to pay through Apple Pay. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, import duties and tariffs, if any, regardless of the amount quoted at the time of your order. By submitting your payment information (including but not limited to your credit card number, its expiration date, your billing address and shipping information) you hereby authorize us to charge you for the Purchase Price. You also grant to us the right to use such information for the purposes of facilitating your purchase through any third-party payment processing service that we use. You expressly ackwnowledge and agree that our acceptance of your order may be subject to additional terms of service that may be required by our third-party payment services, including Apple Pay, Stripe Inc., and others.

   f) Foreign Exchange: You acknowledge that Product Prices may be listed either in Canadian Dollars (CAD) or United States Dollars (USD) depending on the country in which the products are being purchased for you. In the event that the currency in which payment of the Purchase Price (including the Product Price) is made is different from the currency in which your credit card is registered, a foreign currency transaction fee may be charged to you by your credit card company and/or financial services institution. We do not charge you any foreign currency transactions fees. You expressly agree that it is your sole and exclusive responsibility to pay for any and all fees associated with foreign currency conversions, including any and all transaction charges, conversion fees, and surcharges etc., and that we shall not be liable in anyway whatsoever for, and you agree to indemnify and hold us harmless with respect to any damage, loss or expense associated with foreign currency transaction charges that may be incurred by you.

   g) Promotional Offers: Offers are valid for the limited time stated in promotion only and must be redeemed by the date published. Promotional discount is applied on the subtotal order value only (pre-fees & taxes). Only applicable to orders that meet the discount criteria. Orders cannot be combined to reach minimum order criteria. Cannot be combined with any other coupons, discounts, offers, or promotions. Subject to product availability, no rain checks issued. Promotional discount is based on the currency of the order. Offers are not redeemable for any past orders including orders placed without a promo code. Offers are non-transferable and are not redeemable for cash, gift cards, exchanges, or refunds. Some offers are only limited to ShopThing Sellers and not Marketplace Sellers. Other restrictions may apply.

4. Independent Service Provider.

   a) You agree that we are providing the Services as an independent contractor acting on your behalf, and nothing in these Terms should be construed to create a partnership, joint venture, contractor or employer-employee relationship with ShopThing Inc. or any of our affiliates, employees or contractors.

5. Shipments; Delivery; Title and Risk of Loss.

   a) We will arrange for shipment of the products to you. Please check your order confirmation for shipment details. You are responsible for all shipping and handling charges unless otherwise specified in the order confirmation.

   b) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

   c) Delays in shipments will not result in the ability to cancel an order. In the event that there is a problem with a delivery, we will endeavour to resolve the matter with the carrier. We do not guarantee refund or replacement of of any item(s) that have been delivered as agreed with proof of delivery provided.

6. Returns and Refunds. ALL PAYMENTS FOR OUR SERVICES AND THE PRODUCTS THAT WE PURCHASE ON YOUR BEHALF ARE FINAL AND NON-REFUNDABLE, UNLESS OTHERWISE DETERMINED BY US AT OUR SOLE DISCRETION. This includes any additional payment for charges that are incurred including but not limited to sales taxes, shipping and delivery fees, and other incidental costs charged to your credit card upon acceptance of an order. Certain third-party retailers may offer refunds, store credit or exchanges for purchased items, but our Services do not include the ability to return, exchange, or obtain/redeem store credit for purchased items unless otherwise expressly indicated to you or if you are an active member of our VIP subscription.

7. Manufacturer's Warranty and Disclaimers.

   a) We do not manufacture or control any of the products purchased through our Site(s). The availability of products purchased through our Site(s) does not indicate an affiliation with or endorsement of any product, label, designer, merchant, retailer or brand. We do not provide any conditions or warranties with respect to the products purchased through our Site(s).

   b) ALL PRODUCTS AND SERVICES OFFERED ON EACH SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (i) OF MERCHANTABILITY; (ii) OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

   c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

8. Limitation of Liability. 

   a) EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR ANY OF OUR PARENT, SUBSIDIARIES, AFFILIATES OR OURS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES OR LOSS FROM, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED, DIRECTLY OR INDIRECTLY, BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, ANY OF THE SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY SITE IS TO STOP USING SUCH SITE AND ANY RELATED SERVICE.

   b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE(S).

9. Goods Not for Resale or Export. You acknowledge and agree that ShopThing Inc. and its affiliates do not support or condone the resale or export of any of the products purchased through our Site(s), and you represent and warrant to us that you are buying products through the Site(s) solely for your own use and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to your province or state of residence.

10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through our Sites.

11. Force Majeure. We are not liable or responsible to you, nor shall we be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent that our failure or delay is caused by or results from any of the following events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; and (h) other similar events beyond our control.

12. Paramountcy. In the event of any conflict or inconsistency between the provisions of these Terms and the General Terms and Conditions then, notwithstanding anything contained in the General Terms and Conditions, the provisions contained in these Terms shall prevail to the extent of such conflict or inconsistency.

13. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

14. Waiver of Recourse to the Courts and Binding Arbitration.

    a) WHERE PERMITTED BY APPLICABLE LAW, YOU AND SHOPTHING AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    b) The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991 (Ontario).

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

    If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

15. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

16. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ShopThing.

17. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

18. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Entire Agreement. These Terms, our General Terms and Conditions, the Terms and Conditions for ShopThing VIP, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Last updated April 18th, 2023.

ShopThing provides Package Protection to cover online purchases that are lost or damaged in transit. If you declined Package Protection during checkout, we are not responsible for investigating or refunding lost or damaged packages.

1. The cost of Package Protection is not refundable.

2. VIP Returns - If you decide to return an item using your eligible VIP returns for the month, please note that the package protection cost will NOT be refunded to you. This is a final sale service. 

3. VIP Cancelations - If you decide to cancel your order using your eligible VIP cancelations for the month, before a tracking number is created, we will refund you the full amount of your order (including Package Protection). 

4. Preloved - The condition of any Preloved item is not covered under shipping damages that could be claimed if you purchased Package Protection.

5. Giveaways - Unless otherwise specified giveaways and $0 orders are not eligible for Package Protection.

To qualify for Package Protection, you need to send our customer service team an email within 7 business days of not receiving your package. We require full cooperation throughout the duration of the investigation, if we do not receive a response within 48 hours of requests, we will deem the ticket closed. If you email our team outside of that timeframe, we are not responsible to cover the cost of the missing package or further investigate the claim.

Definition of lost packages

If you have purchased package protection and your package tracking shows delivered but you do not have your order, please allow 5 business days for your shipment to be investigated.  It can often be the case where a package may have been sent to a neighbor, prematurely marked as delivered or redirected to another depot or parcel pickup location. 

If you have purchased package protection and your package(s) are not sealed and the contents are missing you may also consider this as a lost or partially lost shipment.

There may be unforeseen circumstances that affect our delivery partners which may lead to a delay in delivery. This is not covered under loss.  No compensation will be paid for delayed packages. 

Definition of damaged packages

If you have purchased package protection, and your package is damaged in transit and the contents are affected, you may be eligible for credit or replacement where possible at our discretion. 

If you have a claim

Contact us at hello@shopthing.com from the email address you used to submit your order. A member of our Customer Support team will contact you. In order to help us process your claim we will require following:

• Full cooperation during the investigation

• Include your order number in the subject line

• Description of the reason for requesting a claim

• For lost items we will require any updates from the shipping carrier and any other photographic evidence that supports your claim

• For damaged items we will require photographic or video evidence of packaging and affected contents

• To process your credit or replacement we will require the return of any damaged items.

• The cost of Package Protection is not refundable.

Version 2

Effective Date: November 2023

Last Updated Date: August 1, 2024