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© 2024 Zero Collective Inc.
Last Modified: July 17, 2024
Please review the following terms and conditions (these “Terms” or this “Agreement”).
Welcome to the Zero Collective (“ZERO COLLECTIVE” or “we” or “us”) website, currently located athttps://www.zerocollective.ca/ (the “Website”), and any materials and services made available through the Website, and successor Websites thereto (the “Services”).
This Agreement is between you and ZERO COLLECTIVE concerning your use of (including access to) the Services. Your use of the Services constitutes your consent to this Agreement. The Services covered by this Agreement include any services provided by or on behalf of ZERO COLLECTIVE, including, but not limited to, ZERO COLLECTIVE’S subscription rental of accessories, namely handbags, made available to Members (as defined below) (the “Subscription”). If you do not agree with these Terms, you may not use the Services. This Agreement hereby incorporates by this reference any additional terms and conditions posted by ZERO COLLECTIVE through the Services, or otherwise made available to you by ZERO COLLECTIVE.
BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR, IF OLDER, THE AGE OF MAJORITY) TO ENTER INTO THIS AGREEMENT.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 23 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COMMENCING ANY ACTION, COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
BY APPLYING FOR A SUBSCRIPTION, ZERO COLLECTIVE MAY ITSELF CONDUCT, OR HIRE A THIRD PARTY TO CONDUCT, A BACKGROUND CHECK, INCLUDING BUT NOT LIMITED TO CREDIT CHECKS. YOU AGREE TO THE BACKGROUND CHECK AND AGREE THAT ZERO COLLECTIVE WILL CONDUCT THE BACKGROUND CHECK BEFORE APPROVING YOUR MEMBERSHIP.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all users of the Services, at our sole discretion for any or no reason.
As part of the Services, ZERO COLLECTIVE may rent and/or sell accessories, namely handbags, as determined by ZERO COLLECTIVE in its sole discretion (“Accessories”) to its Members (defined below), and may make available listings, descriptions, and images of goods or services, or related coupons or discounts, including with respect to the Accessories (collectively, “Products”), as well as references and links to Products. Such Products may be made available by ZERO COLLECTIVE or by third parties, and may be made available for any purpose, including general information purposes. We make no representation as to the completeness, accuracy, reliability, validity, or currentness of any information available through the Services, including the listings, colors, descriptions or images (including any features, specifications and prices contained therein). All such information and the availability of any Products (including the availability or validity of any coupon or discount) are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of the Products, including the applicable colours. The actual colour and proportions you see, however, will depend on a variety of factors including your computer system and we cannot guarantee any the accuracy of display of such colours or proportions. The inclusion of any Products or services offered through the Services at a particular time does not imply or warrant that those Products or services will be available at any time.
You may need to register to use all or part of the Services (“Account”), including to utilize your Membership. We may reject, or require that you change any user name, password or other information that you provide to us when registering an Account. Your user name and password are for your personal use only and agree to keep such information confidential; you, and not ZERO COLLECTIVE, are responsible for any use or misuse of your user name, password, or Account and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password, or your Account.
5.1. General
As detailed below, once you have completed and submitted an application to be a member of the Subscription (“Application”), ZERO COLLECTIVE will review your Application. In its sole and absolute discretion, ZERO COLLECTIVE will decide whether to offer you membership to the Subscription (“Membership”) based on your Application, for any reason or no reason. If you are granted Membership, you will become a “Member” and start to pay the Subscription Fees (as defined below) during the Membership Term (as defined below).
5.2. Application Process
In order to become a Member, you first must complete the Application, available on the Website. By submitting the Application, you acknowledge that ZERO COLLECTIVE will evaluate the information in the Application as part of the decision whether to offer you Membership. You represent and warrant that the information in the Application is true, accurate, and complete and you understand that ZERO COLLECTIVE relies on the Application for Membership evaluation. Further, by submitting the Application, you authorize ZERO COLLECTIVE to conduct a background check on you which may include credit checks in connection with your Application. If ZERO COLLECTIVE learns, or has reason to believe, that the information in the Application is false, incomplete, or misleading in any way, ZERO COLLECTIVE may terminate this Agreement, and/or suspend your Subscription, without any liability. If ZERO COLLECTIVE approves your Application, you may become a Member, subject to the terms of this Agreement.
5.3. Membership Rules
As a Member, you agree:
5.4. Membership Generally
5.4.1. General
The Membership is a monthly subscription. You will pay for the Membership each Month (as defined below). During the Membership Term, you will be able to rent one (1) or more Accessories, depending on your Level (as defined below). You must pay the Subscription Fee for each Month of the Membership Term on the Start Day of each Month.
5.4.2. Accessories
You can access the then current inventory of Accessories through your Account. The Accessories may not be available at all times, and ZERO COLLECTIVE is not responsible for some or all Accessories being unavailable when you want to rent them. The Accessories are available on a first come, first served basis, and you may not be able to rent Accessories at the time you desire. You agree that ZERO COLLECTIVE is not responsible for the unavailability of any Accessories. ZERO COLLECTIVE MAKES NO REPRESENTATIONS OR GUARANTEES WITH REGARD TO THE INVENTORY OF ACCESSORIES AT ANY TIME, NOR THE AVAILABILITY OF ONE OF MORE ACCESSORIES. Once you select an Accessory to rent, you can finalize the rental through your Account, subject to the terms of this Agreement. Once you select an Accessory to rent, ZERO COLLECTIVE confirms that the requested Accessory is available, including whether it is available at your Level (each selected and available Accessory, a “Selected Accessory”).
5.4.3. Shipping
A Selected Accessory will be shipped to the mailing address you provided through your Account. Please ensure that the mailing information is correct and current at all times. Selected Accessories will be shipped via the carrier of ZERO COLLECTIVE’s choice. You will select a date and time for the delivery of the Selected Accessories. Selected Accessories will be shipped with a signature requirement for delivery. There will be a fee of $30, automatically charged to your payment method on file, for any missed deliveries of the Selected Accessories. The Selected Accessories will be shipped to you in packaging selected by ZERO COLLECTIVE (“Packaging”). The Packaging may be different for different Selected Accessories. All Packaging must be returned with the Selected Accessories. All references to Selected Accessories in this Agreement shall include the Packaging. ZERO COLLECTIVE reserves the right to apply reasonable charges in the event any Packaging is damaged or not returned.
5.4.4. Rental Period
When you receive a Selected Accessory, you may return the Selected Accessory as soon as you want or keep it for as long as you want during the Membership Term, subject to the terms of this Agreement. The period of time you have a Selected Accessory is the “Rental Period.”
5.4.5. One Time Termination
Notwithstanding anything herein to the contrary, within one (1) day of receipt of your first Selected Accessory only, you may request to terminate this Agreement for any reason by email communication to concierge@zerocollective.ca. If you elect to terminate under this Section, you must undertake to return the Selected Accessory within one (1) day. Termination will be effective upon ZERO COLLECTIVE’s receipt of the Selected Accessory.
5.5. Accessories
5.5.1. Generally
The Accessories are the property of ZERO COLLECTIVE, and you acknowledge and agree that you are renting the Accessories only, and you do not have any ownership right in or to the Accessories, unless you purchase the Accessory, as set forth in Section 5.10. Not all Accessories are available at all Levels, and the number of Accessories you are able to rent at any given time or over any period of time is limited per your selected Level.
5.5.2. Condition of Accessories
The condition of Accessories when you receive them may vary. Some Accessories will be brand new when you receive them, some Accessories may be gently used, and some Accessories may be vintage pieces that show signs of wear and tear. In the event an Accessory arrives to you in a substandard condition, or a condition that differs from what was advertised, please contact us immediately at concierge@zerocollective.ca. The Accessories must be maintained in good condition and returned to ZERO COLLECTIVE in the same condition it was delivered to you. Please be aware that ZERO COLLECTIVE will inspect all Selected Accessories and you may be charged for any excessive damage or harm to the Selected Accessories.
5.5.3. Rental Process
(a) ZERO COLLECTIVE will send you an email with confirmation of shipment of the Selected Accessory if available. No rental requests are confirmed unless and until you receive an email confirmation that the Selected Accessory has shipped.
(b) Subject to your Level permissions, you may not rent another Accessory until ZERO COLLECTIVE receives your returned Selected Accessory. Once you return a Selected Accessory, and ZERO COLLECTIVE processes the return, your rental window will open, and you may rent another Accessory.
5.5.4. Returns
At the end of the Rental Period, you must return the Selected Accessory, in good condition pursuant to Section 5.9, unless you have purchased the Selected Accessory pursuant to Section 5.10. If you have cancelled your Membership, or have otherwise failed to pay the Subscription Fee for one (1) or more Months, and you do not return a Selected Accessory, or if ZERO COLLECTIVE has any reason to believe you will not return a Selected Accessory, ZERO COLLECTIVE may charge, and you authorize ZERO COLLECTIVE to automatically charge your payment method for the retail price of the Selected Accessory and collect the full retail price for such Selected Accessory. All determinations as to the retail price will be made in ZERO COLLECTIVE’s sole discretion.
5.5.5. Returned Items
If ZERO COLLECTIVE has any reason to believe that an item returned to ZERO COLLECTIVE at the end of the Rental Period is not the same Accessory that was shipped to you by ZERO COLLECTIVE, ZERO COLLECTIVE may expend costs to re-authenticate the returned item. You will be responsible for any such costs, and ZERO COLLECTIVE may promptly charge your payment instrument automatically for such costs. If the item as returned is not the same item as shipped to you, the Accessory will be treated as lost without coverage (as described in Section 5.11.4).
5.5.6. Limited to You
You are the only renter of the Selected Accessories, and you are the only person that is authorized to use the Selected Accessories. You will not allow any third party to use the Selected Accessories during your Rental Period. Your rights under this Agreement are limited to your personal, non-commercial use. You may not rent the Selected Accessories to any third party, nor charge third parties for use of the Selected Accessories. In all cases, you remain responsible and liable for the Selected Accessories for the duration of the Rental Period.
5.5.7. Communication with ZERO COLLECTIVE
You agree that you will report any problem with the Selected Accessories, including but not limited to, damaged Selected Accessories or lost Selected Accessories to ZERO COLLECTIVE at concierge@zerocollective.ca immediately (or immediately after you have, as necessary, contacted local emergency services or police). YOU ARE SOLELY RESPONSIBLE FOR THE SELECTED ACCESSORIES DURING THE RENTAL PERIOD, INCLUDING IF IT IS LOST OR STOLEN, SUBJECT TO THE COVERAGE PROVISIONS IN SECTION 5.11.
5.5.8. Lost or Stolen Accessories
All decisions as to whether a Selected Accessory is lost/stolen are to be made by ZERO COLLECTIVE, in ZERO COLLECTIVE’s sole and absolute discretion. If ZERO COLLECTIVE believes that a Selected Accessory is lost/stolen, the process described herein related to coverage will apply. ZERO COLLECTIVE shall have the right, but not the obligation, to take any action in connection with the recovery of lost/stolen Selected Accessories.
5.5.9. Charges for Damaged Accessories
If you return a Selected Accessory with damage exceeding normal wear and tear, as determined by ZERO COLLECTIVE in its sole discretion, or if the Selected Accessory is not returned in the same condition as it was when delivered to you, you agree that ZERO COLLECTIVE may promptly charge your payment method automatically and collect the full retail price for such Selected Accessory. All determinations as to the retail value will be made at ZERO COLLECTIVE’s sole and absolute discretion.
5.6. Levels
5.6.1. Generally
You understand and acknowledge that not all Accessories are available at all Levels. The value of Accessories that you may select from and the number of Accessories that you may rent at one time are dependent on your Level.
5.6.2. Selecting Your Level
When you complete your Account and commence your Subscription, you will select your Level, subject to ZERO COLLECTIVE’s approval. You may request to change your Level as set forth below.
5.6.3. Changes
You may, or we may, on your behalf, change your Level from time to time. To request a Level change, please visit your Account on the Website. You must return any Accessories that are only available to a higher Level before you may change your Level. If you change from a specific Level, provided such change is in compliance with the terms of this Section, the change will be effective as of the Start Day of the next Month, and you will be charged the Subscription Fee for the new Level on that Start Day.
5.7. Fees and Payment
5.7.1. Generally
We make available the ability to purchase or otherwise obtain a Subscription through the Services, and may otherwise require payment for certain fees or other transactions as described herein (each a “Transaction”).
5.7.2. Subscription Fee
The fee for each Level is set forth on the Website “Apply Now” page (currently at https://www.zerocollective.ca/pages/apply) (the "Subscription Fee").The Subscription Fee is subject to change at any time by ZERO COLLECTIVE. The Subscription Fee includes your Membership fee for each Month (at the selected Level), as well as shipping and return shipping fees for the Selected Accessories.
5.7.3. Card
In order to maintain your Membership, you must have a valid payment method on file in your Account. You may be asked to supply certain relevant information about your payment method, such as credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY PAYMENT METHOD THAT YOU SUBMIT TO THE SERVICES OR IN CONNECTION WITH A TRANSACTION. By submitting such information, you authorize us to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
5.7.4. Payment
On the Start Day of each Month, your payment instrument will be charged the Subscription Fee. You authorize us to charge your payment method for the Subscription Fee on each Month’s Start Day for each Month of the Membership Term. We will charge your payment method for the Subscription Fee and any other charges in accordance with these Terms until the end of your Membership Term or until you cancel your Subscription pursuant to Section 5.12 below.
5.7.5. Authorization
By becoming a Member, you authorize ZERO COLLECTIVE or its designee to charge your payment instrument for the Subscription Fee each Month during the Term and for any other Transactions as described herein. ZERO COLLECTIVE reserves the right to, but does not have the obligation to, determine whether your payment instrument is pre-authorized to accept a minimum charge equal to the Subscription Fee, or another amount determine by ZERO COLLECTIVE.
5.7.6. Non-Payment
If your payment instrument cannot be charged, in whole or in part, for any reason, you agree to pay all amounts due upon ZERO COLLECTIVE’s demand, including any interest that may accrue on overdue amounts.
5.7.7. Termination for Non-Payment
ZERO COLLECTIVE may terminate or suspend this Agreement if your payment instrument cannot be charged on the due date.
5.7.8. Interest and Collection Costs
In the event you do not pay any amounts due under this Agreement, you will be liable to ZERO COLLECTIVE for any costs or expenses incurred by or on behalf of ZERO COLLECTIVE in connection with its collection of amounts due under this Agreement. Further, interest shall be payable on all amounts outstanding at the rate of at a rate equivalent to the prime rate according to the Bank of Canada or another reputable business publication plus one percent (1%), or the maximum amount allowed by law, whichever is lower, per annum from the date such payment was due.
5.7.9. Taxes
All applicable local, municipal, and provincial taxes, if applicable, are your responsibility. You agree to pay such taxes as and when required.
5.7.10. Deposits
In the event ZERO COLLECTIVE is unable to charge your payment method for a Subscription Fee, or in the event ZERO COLLECTIVE has reason to believe, in its sole discretion, that you may not pay the Subscription Fee, ZERO COLLECTIVE reserves the right to request a deposit, and/or require the return of any or all Selected Accessories in your possession.
5.8. Delivery
Once you have received a confirmation that your Selected Accessory is available, you will receive a notification to select the date and time for courier delivery. The Selected Accessory will ship via the courier of ZERO COLLECTIVE’s choice. The delivery of the Selected Accessory will be on a signature required basis. Please ensure that someone will be available to sign for the Selected Accessory. Delivery time for Selected Accessories may vary based upon (a) Accessory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. The risk of loss for Selected Accessories shipped passes to you upon delivery.
5.9. Returns
5.9.1. General
Unless purchased, all Selected Accessories must be returned to ZERO COLLECTIVE. Each Selected Accessory will be sent with materials to return ship the Selected Accessory. All Selected Accessories must be returned with Packaging.
5.9.2. ZERO COLLECTIVE Return Shipping Method
YOU MUST USE THE ZERO COLLECTIVE SELECTED SHIPPING METHOD TO RETURN ANY ACCESSORIES TO ZERO COLLECTIVE. YOU MAY NOT USE YOUR OWN SHIPPING MATERIALS. You are required to coordinate a courier pick up, using the ZERO COLLECTIVE courier, or complete an in person drop off at ZERO COLLECTIVE’s office or at another location as noted by ZERO COLLECTIVE.
5.9.3. Your Own Shipping Method
IF YOU LOSE ANY RETURN SHIPPING MATERIALS PROVIDED BY ZERO COLLECTIVE, OR OPT NOT TO USE THE LABEL PROVIDED BY ZERO COLLECTIVE, OR OTHERWISE USE ANYTHING OTHER THAN THE MATERIALS AND LABELS PROVIDED BY ZERO COLLECTIVE, SUCH RETURN WILL BE AT YOUR OWN RISK, AND YOU WILL BE LIABLE TO ZERO COLLECTIVE FOR ANY DAMAGED OR LOST ACCESSORIES IN TRANSIT TO ZERO COLLECTIVE, OR THAT ARE NOT RECEIVED BY ZERO COLLECTIVE. PLEASE BE AWARE OF ANY COVERAGE LIMITATIONS ASSOCIATED WITH YOUR SELECTED RETURN METHOD IF YOU OPT NOT TO USE THAT WHICH IS PROVIDED BY ZERO COLLECTIVE, AS YOU ARE RESPONSIBLE FOR THE SELECTED ACCESSORY UNTIL IT IS RECEIVED BY ZERO COLLECTIVE.
5.9.4. In Person Drop Off
You may drop off Selected Accessories for return at ZERO COLLECTIVE’s office or at another location as noted by ZERO COLELCTIVE, during ZERO COLLECTIVE’s normal business hours, provided you must hand the Selected Accessory to an authorized ZERO COLLECTIVE representative in return for a written confirmation of return, and you may not leave the Selected Accessory without handing it to an authorized ZERO COLLECTIVE representative.
5.10. Purchase
From time to time, ZERO COLLECTIVE may agree to sell Accessories to Members. If you are interested in purchasing an Accessory, please contact ZERO COLLECTIVE at concierge@zerocollective.ca. The purchase of Accessories will be on separate written terms agreed to between you and ZERO COLLECTIVE.
5.11. Coverage
There are two types of coverage: (i) the base coverage that comes with each Subscription and (ii) an enhanced coverage plan. YOU WILL ONLY RECEIVE THE ENHANCED COVERAGE PLAN IF YOU SUBSCRIBE TO IT AND PAY FOR IT. If you want to change your coverage plan, please visit your Account. In each instance, there are limitations on what the coverage covers. COVERAGE WILL ONLY APPLY IF THE SELECTED ACCESSORY IS IN YOUR CARE, CUSTODY, AND CONTROL. ZERO COLLECTIVE IS NOT THE COVERAGE PROVIDER, AND ALL DECISIONS AS TO WHETHER THERE IS COVERAGE WILL BE MADE IN ZERO COLLECTIVE’S THEN CURRENT COVERAGE PROVIDER’S DISCRETION, AND ANY SUCH DECISIONS WILL BE BINDING. ZERO COLLECTIVE shall not have any liability relating to whether any specific claim for coverage is approved or not approved. If you have a coverage policy that covers an Accessory, and you collect any payment from that coverage policy, you agree to reimburse ZERO COLLECTIVE for any amounts you collect under your policy towards the cost of the Accessory.
5.11.1. Base Coverage
Your Subscription includes a base coverage policy. The base policy covers normal wear and tear to the Selected Accessories. Normal wear and tear will be determined by ZERO COLLECTIVE in its sole discretion. If a Selected Accessory be returned in damaged condition, you are responsible for paying the amounts determined by ZERO COLLECTIVE in connection with such damaged item. If any damage, including wear and tear is a result of your negligence, or you intentionally damage the Selected Accessory, in each case as determined by ZERO COLLECTIVE in its sole discretion, no coverage will apply.
5.11.2. Custody and Control
You will be 100% responsible for any loss or damage which results from the Accessory not being in your care, custody and control. The only place a Selected Accessory can be left unattended is in your residence or your secured hotel room.
5.11.3. No Coverage
Regardless of the coverage you select, if you or ZERO COLLECTIVE terminates this Agreement, suspends your Membership, or your Membership is frozen, and all Accessories are not immediately returned, you are responsible for paying the retail value of the Selected Accessory to ZERO COLLECTIVE, and ZERO COLLECTIVE may charge, and you authorize ZERO COLLECTIVE to automatically charge, your payment method the retail price of all Accessories in your possession and collect the full retail price for such Accessories.
5.12. Membership Term and Termination
5.12.1. Membership Term
The “Initial Membership Term” of shall commence on the first Start Day of your Subscription and continue for one (1) Month. The Subscription shall automatically renew for successive one (1) Month periods (“Renewal Membership Term(s)”), unless terminated as set forth herein. The Initial Membership Term together with any the Renewal Membership Term(s) shall be referred to as the “Membership Term”.
5.12.2. No Early Termination of the Initial Term
You may not terminate your Subscription during the Initial Term. If you seek to cancel your Subscription during the Initial Term, ZERO COLLECTIVE reserves the right to charge your payment method for the remaining Subscription Fees for the full Initial Term.
5.12.3. Non-Renewal
You may terminate your Membership at any time, provided: (i) such termination will not be effective until the end of the Initial Membership Term; (ii) you do not have any Selected Accessories; (iii) ZERO COLLECTIVE has received all Selected Accessories returned to ZERO COLLECTIVE; and (iv) you terminate your Membership at least five (5) days before the Start Day of your next Month. If you terminate your Membership in compliance with the foregoing, the effective date of termination of the Membership will be the last day of the current Month. If you terminate under this Section with less than five (5) days before the Start Day of your next Month, the Membership will still terminate, but the effective date of termination will be the last day of the following Month. If your Membership is terminated under this Section, you will be responsible for payment of the Subscription Fee through the end of the Month in which termination is effective.
5.12.4. By ZERO COLLECTIVE
ZERO COLLECTIVE may terminate your Membership at any time, for any or no reason, with immediate effect. If your Membership is terminated by ZERO COLLECTIVE, you will be entitled to a refund, on a pro rata basis, of the Subscription Fee actually paid by you for the remainder of the Month after the effective date of termination. You refund will be on a pro rata basis based on a thirty-day period.
5.12.5. Suspension
Without limiting ZERO COLLECTIVE’S termination rights as set forth herein, if you breach this Agreement, or ZERO COLLECTIVE believes or has reason to believe that you are likely to breach this Agreement, or that you have or are likely to damage an Accessory, ZERO COLLECTIVE may suspend your access to Accessories and you must immediately return all Accessories.
5.12.6. Result of Termination
Except as specifically provided herein to the contrary, upon expiration or termination of your Membership, your Account will be terminated, and your Subscription will end. Further, you must immediate return any Selected Accessories, or other Accessories you have in your possession, in compliance with the return procedure. You will pay all Subscription Fees and any other fees or amounts accrued during the Membership Term if not already collected.
6.1 Express Consent
By opting in to receive text messages from ZERO COLLECTIVE, which may include without limitation SMS messages or MMS messages (a “Program”), you provide your express consent to receive automated text messages from ZERO COLLECTIVE at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system. Consent to receive automated text messages is not a condition of any purchase.
6.2. Program Details
A Program may include recurring and nonrecurring text messages related to promotions, products, events, cart reminders, special offers, updates, or other ZERO COLLECTIVE-related news, as well as other information that we think will be of interest to you. Text message frequency will vary. ZERO COLLECTIVE reserves the right to alter the frequency of text messages sent at any time, such as to increase or decrease the total number of sent text messages. ZERO COLLECTIVE also reserves the right to change the short code or phone number from which text messages are sent. Text message and data rates may apply. Not all mobile devices or handsets may be supported, and our text messages may not be deliverable in all areas. The content of our text messages may not be available and viewable on all mobile phone carriers. ZERO COLLECTIVE, its service providers, and the mobile phone carriers supported by a Program are not liable for delayed or undelivered messages.
6.3. Cancellation
You may opt out of a Program at any time. Text the keyword STOP to the phone number or short code that messaged you to cancel your participation in a Program. After texting STOP to the phone number or short code that messaged you, you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP keyword command and agree that ZERO COLLECTIVE and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our Programs, you may continue to receive text messages from us through any of the other Programs you have joined until you separately unsubscribe from each of those Programs.
6.4. Privacy
Please review our Privacy Policy, described in Section 2, for information about privacy practices.
6.5. Help and Customer Care; Contact Us
If you are experiencing any problems or have questions related to a Program, please contact us as at concierge@zerocollective.ca.
In connection with the Services, you must not:
The Website, any Products, and all materials provided through the Services, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials”), are owned by ZERO COLLECTIVE or by respective third party supplies, authors, developers, or vendors (“Third Party Providers”) and are protected by proprietary rights and laws. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of ZERO COLLECTIVE. Our trademarks include ZERO COLLECTIVE and any associated logos. All trademarks and logos on the Services not owned by us are the property of their respective owners. You may not use our trademarks or logos without ZERO COLLECTIVE’s permission. Nothing contained on the Website or otherwise available through the Services, should be construed as granting any right to use any trademarks or logos without the express prior written consent of the owner.
Except where expressly provided otherwise by ZERO COLLECTIVE, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of ZERO COLLECTIVE’s intellectual property rights, whether by estoppel, implication, or otherwise. See the “Contact Information” section below if you have any questions about obtaining such licenses. Except as otherwise provided herein, Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by ZERO COLLECTIVE. ZERO COLLECTIVE does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by ZERO COLLECTIVE.
ZERO COLLECTIVE is an independent company not affiliated with any third-party brands identified on or through the Services. Third-party brands identified on or through the Services: (i) do not authenticate the Products being offered through the Services, and (ii) do not assume responsibility for any Products rented or purchased through the Services. Third-party brands offered on or through the Services are not partners or affiliates of us in any manner. For more information regarding authentication of the Products, see our FAQ.
This Agreement is effective until terminated. We may suspend or terminate your Account or your use of the Services at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Services at any time without notice. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and Account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2 shall survive any expiration or termination of this Agreement.
You may be able to make available certain materials (each, a “Submission”) through or in connection with the Services, including on profile pages or on the Service’s interactive services. ZERO COLLECTIVE has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
The Website may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”) or may contain links or have references to Third Party Materials. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. ZERO COLLECTIVE is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Services at any time. ZERO COLLECTIVE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZERO COLLECTIVE of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by ZERO COLLECTIVE, nor does such availability create any legal relationship between you and any such provider. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
ZERO COLLECTIVE reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any ZERO COLLECTIVE site that violates these Terms and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms and/or protect the safety or security of any person or property, including any Services. Moreover, we retain all rights (but have no obligation) to monitor, evaluate, alter, or remove Submissions at any time for any reason or no reason whatsoever. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
TO THE FULLEST EXTENT ALLOWED BY LAW, (A) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ZERO COLLECTIVE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.00, (B) IN NO EVENT SHALL ZERO COLLECTIVE BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, INCLUDING FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, EVEN IF ZERO COLLECTIVE OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCT OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICES. ALL LIMITATION OF LIABILITY OF ANY KIND (INCLUDING THIS SECTION) ARE MADE FOR THE BENEFIT OF ZERO COLLECTIVE AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, AND THIRD PARTY PROVIDERS (“AFFILIATED ENTITIES”).
Without limiting any other provision of this Agreement, in the event you fail to pay the Subscription Fee, or any other amounts due or owing to ZERO COLLECTIVE, or to return any Selected Accessories, or return a Selected Accessory in a damaged condition, in addition to being charged the complete retail value of the Selected Accessory in your possession, you will be responsible to pay ZERO COLLECTIVE its ACTUAL DAMAGES, including but not limited to the Subscription Fee plus interest, as well as applicable costs or expenses incurred by ZERO COLLECTIVE in connection with collecting payment from you, cleaning the Selected Accessory, restoring the Selected Accessory, or otherwise fixing the Selected Accessory.
No provision of this Agreement limits or otherwise restricts ZERO COLLECTIVE from any recourse or other self-help process as permitted by law that ZERO COLLECTIVE may take to recoup or otherwise collect its property, including Accessories, or any amounts due.
Subject to your compliance with this Agreement, and solely for so long as you are permitted by ZERO COLLECTIVE to use the Services, you may view one (1) copy of any portion of the Website to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use.
16.1. License
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
16.2. Feedback
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place ZERO COLLECTIVE under any fiduciary or other obligation.
If a Member is ever unhappy with their Selected Accessory and would like a refund, they may email concierge@zerocollective.ca and a representative from ZERO COLLECTIVE’s team will be happy to assist.
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES AND ANY PRODUCTS, ACCESSORIES AND THIRD PARTY MATERIALS ARE PROVIDED “AS IS,” AND ON A “WHERE AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY (B) ZERO COLLECTIVE HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUARY REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SERVICES, AND ALL PRODUCTS, ACCESSORIES AND THIRD PARTY MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ZERO COLLECTIVE MAKES NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZERO COLLECTIVE DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT ZERO COLLECTIVE DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ZERO COLLECTIVE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. ZERO COLLECTIVE EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION) ARE MADE FOR THE BENEFIT OF BOTH ZERO COLLECTIVE AND THE AFFILIATED ENTITIES.
Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any such alteration, contact us at concierge@zerocollective.ca with a description of such alteration and its location on the Services.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless ZERO COLLECTIVE and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including lawyers’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Services (including all Submissions and use of the Accessories); and (b) any violation or alleged violation of this Agreement by you.
21.1. You will comply with all applicable local, provincial, national and foreign laws, treaties, regulations and conventions in connection with your use of the Services, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which ZERO COLLECTIVE controls and operates the Services and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
22.1. Notices
ZERO COLLECTIVE may give notice by means of a general notice on the Services, electronic mail to your e-mail address on record in ZERO COLLECTIVE’s account information, or by written communication sent by mail to your address on record in ZERO COLLECTIVE’s account information. You may give notice to ZERO COLLECTIVE at any time by letter delivered by registered mail with return receipt to: concierge@zerocollective.ca. All notices shall be deemed to have been given four days after mailing or 48 hours after sending by confirmed facsimile or.
22.2. Questions, Complaints.
If you have a question or complaint regarding the Services, please send an e-mail to concierge@zerocollective.ca. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
23.1. We will work in good faith to resolve any issue you have with the Website, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
23.2. In the interest of resolving disputes between you and ZERO COLLECTIVE in the most expedient and cost-effective manner, you and ZERO COLLECTIVE agree that ALL disputes arising out of or related to these Terms and/or your use of any of ZERO COLLECTIVE’s products, whether based in tort, statute, fraud, contract, misrepresentation, or any otherwise, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and ZERO COLLECTIVE. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ZERO COLLECTIVE ARE EACH WAIVING THE RIGHT TO A TRIAL, COMMENCING AN ACTION ON YOUR OWN OR TO PARTICIPATE IN A CLASS ACTION.
23.3. Exceptions to Arbitration Agreement
Notwithstanding the paragraph above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, provincial, or local agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
23.4. Arbitration Process
23.5. No Class Actions
23.5.1. YOU AND ZERO COLLECTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ZERO COLLECTIVE agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in provincial or federal courts in Ontario.
23.6. Ontario Law Governs
These Terms will be governed by and construed in accordance with the laws of the province of Ontario.
This Agreement represents the parties’ entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between ZERO COLLECTIVE and you as a result of these Terms or use of the Website. You may not assign this Agreement without the prior written approval of ZERO COLLECTIVE. Any purported assignment in violation of this section shall be void. ZERO COLLECTIVE reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by ZERO COLLECTIVE.