PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

TERMS OF USE

Effective date: March 2, 2021

Welcome to PurposePackage.ca. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at purposepackage@thepmcf.ca. These Terms of Use (the “Terms”) are a binding contract between you and the Princess Margaret Cancer Foundation – Purpose Package. (“PURPOSE PACKAGE,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.

These Terms of Use (the “Terms”) are a binding contract between you and the Princess Margaret Cancer Foundation – Purpose Package. (“PURPOSE PACKAGE,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.

What about my privacy? 

PURPOSE PACKAGE takes the privacy of its users very seriously. For the current PURPOSE PACKAGE Privacy Policy, please click here.

What are the basics of using PURPOSE PACKAGE?

You will be required to sign up for an account, and select a password and user name (“PURPOSE PACKAGE User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your PURPOSE PACKAGE User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including PURPOSE PACKAGE);
(b) Violates any law or regulation, including any applicable export control laws;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your PURPOSE PACKAGE account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in PURPOSE PACKAGE?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including PURPOSE PACKAGE’s) rights.

You understand that PURPOSE PACKAGE owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

Do I have to grant any licenses to PURPOSE PACKAGE or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services, such as any text, photographs, ideas, comments, suggestions, or other content, is your “User Submission.” Some User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant PURPOSE PACKAGE a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer), copy, distribute, display, publish, perform, sell transmit, create derivative works and otherwise act with respect to such User Submissions, in each case to enable us to operate or improve the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. You irrevocably waive and agree not to assert any “moral rights,” that you have to prevent us from exploiting the rights granted above.

You also grant us the right to use and display your name, PURPOSE PACKAGE User ID, photograph, and any other information that you submit in connection with any PURPOSE PACKAGE User ID.

Finally, you understand and agree that PURPOSE PACKAGE, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services. 

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by PURPOSE PACKAGE. When you access third party websites or use third party services, you accept that there are risks in doing so, and that PURPOSE PACKAGE is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

PURPOSE PACKAGE has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, PURPOSE PACKAGE will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that PURPOSE PACKAGE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that PURPOSE PACKAGE is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release PURPOSE PACKAGE, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services

How do PURPOSE PACKAGE memberships work?

PURPOSE PACKAGE offers subscription membership plans (“Membership(s)”) pursuant to which you will receive regular shipments of our socially conscious, specially curated lifestyle and other products. YOU ACKNOWLEDGE AND AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE YOUR MEMBERSHIP/ACCOUNT IN ACCORDANCE WITH THESE TERMS. You understand that we will automatically charge your credit card on file for each applicable billing period (depending on which payment plan you’ve selected) until you cancel your Membership.

You may cancel your Membership at any time by contacting us at purposepackage@thepmcf.ca or by logging into your account, scrolling down the the subscriptions dashboard, and clicking ‘cancel’ on the right side of the subscription you would like to terminate. Cancellation requests must be received prior to the billing date of the Membership renewal, or else you will be charged for the then-current billing period.

PURPOSE PACKAGE may, from time to time in its sole discretion, offer certain promotional codes for discounts and other benefits. You may not transfer promotional codes or redeem them for cash, credit, or toward previous purchases. Furthermore, you may not use promotional codes in conjunction with any other offer or promotional discount, and you must redeem promotional codes by the date published, if provided. Lost promotional codes cannot be replaced. You may only use one promotional code. Any promotional program may be terminated or modified by PURPOSE PACKAGE at any time in its sole discretion. Promotional codes are void where prohibited.

What terms govern my purchase of Memberships, PURPOSE PACKAGEES and other products through the Services?

All sales are final and we do not allow returns or substitutions of products. We reserve the right to refuse or limit any orders and Memberships. We may refuse any cancellation requests for products and orders in our sole discretion. We reserve the right to provide substantially similar products to fulfill your order.

If you receive a damaged or incomplete order, please contact us at purposepackage@thepmcf.ca within three [3] weeks of receiving your order. We may offer any refunds or replacements solely in our discretion.

We are no longer responsible for damage to your order or risk of loss once we deliver your order to the common carrier for shipment to you. Title to your order passes from us to you at the time we deliver your order to the common carrier. We reserve the right to choose any common carrier to ship your order to you. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

You authorize PURPOSE PACKAGE and its payment processor to charge your payment card for all purchases you make, including automatically during each billing period for your Membership. You are responsible for providing us with complete and accurate personal and payment account information, and for keeping such information up-to-date. We may, in our sole discretion, cancel your payment at any time by providing notice to you through the contact information you have provided us in your account (such as your personal email address) or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from making future payments for any reason, including, without limitation, (a) if you attempt to use the Services in breach of any applicable law or regulation; (b) if we suspect fraudulent, unlawful or improper activity regarding a payment; or (c) if you breach any of these Terms of Use or our Privacy Policy.

Will PURPOSE PACKAGE ever change the Services?

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know?

Warranty Disclaimer. Neither PURPOSE PACKAGE nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from PURPOSE PACKAGE or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED BY PURPOSE PACKAGE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PURPOSE PACKAGE (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO PURPOSE PACKAGE IN CONNECTION WITH THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold PURPOSE PACKAGE, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PURPOSE PACKAGE’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. 

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the PURPOSE PACKAGE may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and PURPOSE PACKAGE agree that these Terms are the complete and exclusive statement of the mutual understanding between you and PURPOSE PACKAGE, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of PURPOSE PACKAGE, and you do not have any authority of any kind to bind PURPOSE PACKAGE in any respect whatsoever. You and PURPOSE PACKAGE agree there are no third party beneficiaries intended under these Terms.

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