Terms & Conditions for Shopthing VIP

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.