Terms and Conditions
Effective Date: 18 SEPTEMBER 2023
Welcome to Erne Box, a subscription service provided by Erne Box Ltd. ("Erne Box," "we," "us," or "our"). By accessing or using Ernebox.com (the "Website") and subscribing to our pickleball subscription box service (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). Please carefully read these Terms before accessing our Website or using our Service. If you do not agree with any part of these Terms, please do not use our Website or Service.
1. Subscription Service
1.1 Subscription: Erne Box offers a subscription service that provides subscribers with a curated selection of pickleball-related products. By subscribing to Erne Box, you agree to receive these products on a periodic basis as specified during the subscription process.
1.2 Billing and Payments: You agree to pay the subscription fees as specified on the Website. These fees are recurring and will be automatically charged to the payment method you provide during the subscription process.
1.3 Subscription Changes: You can make changes to your subscription, such as upgrading, downgrading, or canceling, through your Erne Box account on the Website.
2. Warranty Policy
2.1 Third-Party Products: Erne Box regularly includes third-party products in its subscription boxes. Any warranty claims or issues related to these third-party products should be addressed directly with the respective manufacturer or provider. Erne Box is not responsible for the warranty or quality of third-party products.
3. Liability Waiver
3.1 Assumption of Risk: By using the Erne Box website and subscribing to our Service, you acknowledge and assume the inherent risks associated with the use of pickleball products, including but not limited to the risk of injury, property damage, or other harm. You understand and accept these risks.
3.2 Release of Liability: To the fullest extent permitted by law, you agree to release, indemnify, and hold harmless Erne Box and its partners, affiliates, officers, directors, employees, and agents from any and all claims, liabilities, demands, damages, costs, and expenses (including attorney's fees) arising out of or related to your use of the Website or Service, including any injuries, losses, or damages resulting from your use of the products included in Erne Box subscription boxes.
4. Privacy Policy
4.1 Privacy: Your use of the Erne Box Website and Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. Your privacy is extremely important to us. At Erne Box, we promise to never sell or share your personal information.
5. Termination
5.1 Termination by Erne Box: We reserve the right to terminate or suspend your subscription and access to the Website at our discretion, without notice, for any reason, including, but not limited to, a breach of these Terms.
5.2 Termination by You: You may cancel your subscription at any time by following the cancellation instructions provided on the Website. Cancellations are effective at the end of your current billing cycle.
6. Miscellaneous
6.1 Governing Law: These Terms are governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law principles.
6.2 Entire Agreement: These Terms constitute the entire agreement between you and Erne Box regarding the use of the Website and Service, and they supersede any prior agreements or understandings.
6.3 Contact Information: If you have any questions or concerns about these Terms, please contact us at support@ernebox.com.
By continuing to use the Erne Box Website or subscribing to our Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
Cookies
We employ the use of cookies. By accessing Ernebox.com, you agreed to use cookies in agreement with Erne Box's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Erne Box and/or its licensors own the intellectual property rights for all material on Ernebox.com. All intellectual property rights are reserved. You may access this from Ernebox.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Ernebox.com
- Sell, rent or sub-license material from Ernebox.com
- Reproduce, duplicate or copy material from Ernebox.com
- Redistribute content from Ernebox.com
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Comments do not reflect the views and opinions of Erne Box, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable law, Erne Box shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Erne Box reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Erne Box a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking To Our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Erne Box; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Erne Box. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Erne Box's logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal Of Links From Our Website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.