Terms of use

Subscription Agreement

When you click the “Checkout” button on www.Cerealbox.ca (the “Website”), you are entering into a binding legal agreement with Cereal Box Club (the “Company”) and you are agreeing to the terms of this Subscription Agreement (the “Terms”). If you do not agree to these Terms, do not click the “Checkout” button.

 

Services

The Company provides a monthly subscription service for the delivery of cereal, candys, chocolates and toys (a “Box”).

 

Your Account

To make a purchase and start your subscription, you must create a user account (your “Account”). Your Account is created by entering your email address and a password (your “Credentials”) and clicking the “Checkout” button. On subsequent visits to the Website, your Account can be accessed by entering your Credentials.

 

Your Information and Privacy

Collection of your information

When you click the “Checkout” button, we will save the following personally identifiable information (“PII”) to your Account:

  • your first name, last name, and delivery address (collectively, your “Shipping Information”)

  • your credit card number, the CVC of your credit card, the expiration date of your credit card, and the billing postal code (collectively, your “Billing Information”)

  • your Credentials including your email address and password.

The Website may also collect certain anonymous information about your use of the Website through the use of internet analytic technologies, including, but not limited to, cookies and web beacons. Examples of this anonymous information are: your operating system, the date and time of use, geographical information, and device type.   

 Use of your information

We will not sell your PII. The PII we collect from you may be used to communicate with you and to provide you with the Boxes you order.

 Protection of your information

The Company uses reasonable practices and technologies to safeguard your information against illegal intrusion and unauthorized access. No security measures are 100% reliable, however, so the Company cannot guarantee the security of your PII.    You have the responsibility of protecting your Credentials. In addition, you agree not to share your Credentials with anyone else. You must contact the company using the contact information in these Terms if you have reason to believe that your Account has been compromised.    The Company will never send you any communication (email or otherwise) asking for your Credentials, Shipping Information, or Billing Information. If you receive any such communication that looks like it is from the Company, do not respond to the communication but rather immediately report the communication to the Company using the contact information contained in these Terms.

 Third-party access to your information

The Company may provide your information to the following third parties:

  • Service providers. The Company may disclose your PII to service providers who maintain our Website and to service providers who process our payments. These trusted service providers will have access to your PII but may not use your PII for any purposes other than those to which they have been entrusted. The Company shall use reasonable efforts to ensure that these service providers hold your PII in confidence. In addition, the Company shall only disclose your PII to third parties that the Company believes, in good faith, follow acceptable privacy and security policies.

  • Legal enforcement. The Company may disclose your PII to investigate to enforce violations of our rights. The Company may also disclose your PII to protect the security of our Website. In addition, the Company reserves the right to disclose your PII if the Company has a good faith belief that this disclosure is necessary to satisfy a legal process or enforceable government request (such as a subpoena) or to be in compliance with any law or regulation.

  • The Company may transfer your PII as part of a sale, merger, acquisition, or any other change of control. In addition, the Company reserves the right to transfer your PII to protect the Company’s legal rights in the unlikely event of a bankruptcy, reorganization, receivership, assignment, or any application of creditor’s rights.

 Correction or removal of your information

You may update and/or correct your information by contacting the Company (using the contact information at the end of these Terms) to request such modification. The Company will require you to provide identification prior to the Company’s making such changes.    Once you cancel your subscription, you may have your information removed from our database by contacting us using the contact information at the end of these Terms.

Policy with regard to children

The Company will not knowingly collect any information form children under the age of 13 as is consistent with the Children’s Online Privacy Protection Act (“COPPA”). If, as a parent or guardian, you discover your child has provided the Company with PII, you may contact the Company using the contact information at the end of these Terms and we will remove your child’s information from our database.   The Company bills you for your subscription through the credit card information (your “Payment Method”) provided in your profile (your “Billing Account”). You agree to pay the Company all charges using the Billing Account and you authorize the Company to charge your Payment Method. You agree to provide current, complete, and accurate information for your Billing Account at all times.   Your Payment Method will automatically be charged each month if you have selected the month-to-month subscription option or, if you have selected the 3-month prepay subscription, your Payment Method will be charged for the prepaid amount. Your subscription will continue indefinitely and will auto-renew for the same subscription period as initially selected until cancelled by you or terminated by the Company in accordance with these Terms. (In other words, if you selected the 3-month prepay subscription, your subscription will auto-renew every three months until you cancel.)

Taxes

The Company may charge you local sales tax or VAT, if applicable.

Shipping and Risk of Loss

Shipping and handling are included with your order. If you believe all or part of your Box is missing or damaged, you must notify us within 30 days of receipt. The Company will, at its sole and absolute discretion, either replace the missing or damaged parts of the Box or send you a whole new Craft Box.

No Refunds

If the Company, in its sole discretion, believes you have breached these Terms, the Company may terminate or suspend your subscription at any time without notice. Under no circumstances will the Company refund any fees you have already paid.

Intellectual property

The items provided in the Box are protected by law including, but not limited to, United States or Canadian copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Website and the Box. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in these Terms are reserved by the Company.

Product disclaimers

Warning: Choking Hazard—Small parts not for children less than three (3) years of age. You acknowledge that the Box is not designed, manufactured, or intended for use by children under the age of three (3) years and may contain small parts.   If the materials contained in a Box contain items that may pose a hazard to your child who is three years old or greater and safety regulations require the Company to provide cautionary statements concerning the use of such items, applicable warning labels for such items will be included in the Box. You understand and agree that you must read all included warnings and cautionary statements and take necessary precautions to protect your child.  In addition to all other limitations and disclaimers in these Terms, the Company will not be liable to you, your child, or any third party in whole or in part for any claims, liability, damages, loss, or costs arising from the materials contained in any Box.

No Returns on Damaged Product

 

 

The contents of each Box are curated by the staff at the Company. We do not allow returns or substitutions of anything in your Box. If you receive a Box with damaged or incomplete contents, please contact us within one (1) week following receiving your Box. If you receive a Box with damaged contents you will need to include photographic evidence documenting the damaged product in order to receive a replacement product. Should the Company decide to honor a return as determined in its sole discretion, the amount you paid for your preferred shipping method will be deducted from your refund amount. All refunds are issued in the original form of payment for all purchases. Boxes are shipped by a third party carrier. As a result, title and risk of loss for a Box will pass to you upon our delivery to the carrier.

  

Warranties and disclaimers

You may cancel your subscription by emailing us by the 10th day of the month following the end of your then-current subscription period using the contact information contained at the end of these Terms. Implied warranties on this Craft Box, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. The Company makes no warranty that a Box will meet your requirements.  These disclaimers form an essential part of these Terms. No use of the Website is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you. 

 Limitation of liability

In no event will the Company be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the Website or a Box, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the Website or a Box will not exceed the amount you paid to the Company in the then-prior calendar month. 

Assumption of Risk

You agree and understand that you assume all risks when using the Box, including, without limitation, any and all risks associated with you and your child’s use of the items contained within the Box. 

Indemnity

You agree to indemnify and hold the Company harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Website or a Box, violation of these Terms, or violations of any rights of a third party including, but not limited to, other users, or allegations thereof. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.

Governing law and jurisdiction

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Toronto, Canada, and may be conducted by telephone or online. The arbitrator will apply the laws of the Province of Ontario and the Canadian Federal laws applicable therein, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.   The courts of Province of Ontario, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms.   These Terms will be construed under the laws of the Province of Ontario and the Canadian Federal laws applicable therein. 

Designed for Use Within Canada

This Website is designed for use from within Canada. Boxes may not be available outside the Canada. If you access and use the Website outside the Canada, you understand and agree that Boxes may not be available and you are responsible for complying with your local laws and regulations

Subscription Cancellations

You may cancel your subscription by emailing us before the 10th day of the month following the end of your then-current subscription period using the contact information contained at the end of these Terms.   Your subscription will continue until you cancel and, if you do not cancel your subscription before the tenth of the month following the end of your then-current subscription period, your subscription will automatically renew for a new subscription period of the same amount of time. 

Pricing

The Company reserves the right to change the prices and available subscriptions at any time, upon notice to you, provided that any subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. For avoidance of doubt, the Subscription Term of a Monthly Subscription is one (1) month. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax from United States Subscribers. Only those where we are required to do so (Canadian Subscribers), or become required to do so by law in the future. 

 

Renewal & Cancellation

At the end of a Subscription Term, your subscription will automatically renew for additional Subscription Term(s), unless you log in to your account and cancel your subscription at any time prior to the twenty fourth (20th) day of the month. For example, should you log in to cancel your Subscription on October 10th, you will not incur any charges for the month of November, thereby ending your then-current Subscription Term  ("Notice Period"). Notwithstanding anything else to the contrary, if you have purchased a Long-Term Subscription as a gift and have designated it as such as allowed by our payment process (a "Gift Subscription"), such Gift Subscription will automatically terminate at the end of its initial Subscription Term.

The Company may limit quantities of or cancel Subscriptions purchased, and we reserve the right to refuse any order. In the event the Company needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.

 

Accurate Information

The Company will charge the relevant fees for your chosen subscription(s) to the credit card that you provide to us. Any updates to your account (i.e. shipping and billing information) must be made prior to (20th) date of each calendar month for the updated details to apply to the subsequent month. If the credit card information you have provided is incorrect or incomplete, or the Company is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem; failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your subscription or a particular delivery

Force Majeure

The Company will not be liable for damages or any delay or failure to ship a Box arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, pandemics, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. 

 User submissions to the Company

The Company welcomes your feedback with regard to the Box. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

CONTESTS AND DRAWS

The Company may, from time to time in its sole discretion, elect to conduct a drawing to randomly select potential prize winners who will be eligible to receive a special prize to be included in a Box prior to shipment (a "Company Contest"). NO PURCHASE IS NECESSARY TO ENTER OR WIN. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF SUBSCRIBERS. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OR DECLARATION OF ELIGIBILITY AND RELEASE OF LIABILITY FORMS MAY BE REQUIRED. Only subscription holders who are at least eighteen (18) years of age and who are permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia. Also any Subscription holder who is at least eighteen (18) years of age and who is permanent, legal residents that reside in Canada. Any Subscription holders who are employees of the Company are ineligible to receive a prize.  There is a limit of one (1) entry per person. Prior to shipment of the Boxes for a given month, the Company will conduct a drawing to select the potential prize winners who shall be randomly selected from all White Willow Subscription holders and entries . All winners of a prize shall be responsible and liable for all provincial, federal, state and local taxes on the value of their prize. The decisions of the Company are final and binding in all matters relating to any Company Sweepstakes. The Company reserves the right, in its sole discretion and without notice, to suspend or cancel any Company Sweepstakes.

Modification of Terms 

The Company reserves the right, in its sole discretion, to modify the Terms and Conditions contained herein, at any time by posting a notice on the Website at  or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of these Terms of Sale as modified.