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The Subscription Service & Purchase Agreement - Terms & Conditions

Last Modified: March 10, 2022

DEFINITIONS

“Inventory” – our growing collection of toys, games, and sports equipment (individually referred to herein as an “item” or as multiple “items”) to be borrowed and enjoyed by Subscribers.

“Plan” – refers to the specific plan subscribed to, which is based on the number of items that the Subscriber wishes to borrow during the term of their Subscription. More details are found on our Website. 

“Subscriber” – means the user/person who has registered an account with Sharesies and has paid for a Subscription.

“Membership” – means a subscription Plan offered by Sharesies.

“Subscription period” – means the entire duration of the Subscription, which includes the first term and, if applicable, every Renewal period thereafter.

“Swap” – exchanging one item for another, store credit or a discounted membership during the Subscription period or identified timeframe associated with a purchase.

“Swap Fee” – a standard charge, which can be purchased at any time during the Subscription, which allows a Subscriber to swap (i.e. exchange) one item for another. The Swap Fee is subject to change from time to time, will be posted on our Website, and will be itemized at the time of purchase.  

“Unlimited Swaps” – allows the Subscriber to purchase the ability to swap (i.e. exchange) any or all items the Subscriber has access to through its Plan, without paying any additional Swap Fees.

“Website” – means sharesies.co

“Retail Value” – means the retail value as listed on the Sharesies web site.

THE SUBSCRIPTION SERVICE & PURCHASE AGREEMENT

A customer must register an account through our Website to gain access to the Sharesies Subscription Service.

The Subscription Service works by having a Subscriber select a Plan based on the length of term and number of items they wish to borrow for the Subscription period, followed by Renewal period(s), which will auto-renew and be charged continually unless cancelled by the Subscriber. All Subscriptions auto-renew as per the length of the associated purchase plan.

For the duration of the Subscription period, Subscribers have access to items (according to the Plan selected) and may possess the items for the Subscription period. The length of term begins when the Plan is paid for by the customer, and includes time where the items are in transit (being delivered). 

Borrowing

Your Subscription allows you access to borrow items from our Inventory during the Subscription period. Sharesies retains ownership of all items. It is expected that you and only you are in possession of the item(s) while you are borrowing. The item may not be sold or rented to another party. The item is due back to Sharesies in good working condition upon either the cancellation of your Subscription or at the time of a Swap.

Inventory

We will always make a reasonable amount of items available to you as part of the Subscription service. We cannot guarantee that a particular item will be available, or that all items are in stock at a particular time. The Website will indicate the availability of items at the time of your order.

For example: if you are subscribed to the ‘foursies’ plan, this allows you to borrow 4 items from our Inventory during the Subscription period. If you return 2 items during the Subscription period, you may select 2 new items (this would be considered a single Swap). 

Purchased or Gifting Individual Items

Purchased or gifted items may be swapped (returned) in exchange for store credit or a discounted membership. Specific details of the exchange offer will be presented at the time of ordering the swap (exchange) and are subject to change between orders. The returned purchased or gifted item must be in either like-new or gently-loved condition and be in good working condition. Damaged or well-loved items will be be eligible for this offer. The condition of the item will be determined at the sole discretion of Sharesies upon return. Once an item is approved, the corresponding agreed upon offer will be sent to the customer via email associated with the account. Offers are non-transferable and have no cash value.

SWAPS

Subscribers may Swap (i.e. exchange) items during the Subscription period. The Subscriber may choose items to return and make new selections. Swaps can include all of the items they are borrowing pursuant to their Plan, or only some.

For example: Subscriber is borrowing 4 items and chooses to Swap 1 and keep 3. Swaps are available for a Swap Fee, which is per delivery (not per item) and are to be scheduled on our Website using our calendar. Delivery is not guaranteed to be available on a particular day. Your selected Swap day will be scheduled once the Swap Fee is paid.

Subscribers are responsible for placing the items scheduled to return in their Sharesies box (or another object that sufficiently protects the items from outdoor elements). Items must be outside the Subscriber’s door as of 8:00am on their scheduled Swap day. If the items scheduled for return are not available at the time of delivery, the Swap will not occur and the Swap order will be cancelled. Items being returned are in the possession of the Subscriber until they are successfully picked up by Sharesies.

Subscribers with an active Unlimited Swaps subscription are not required to make payment to confirm their scheduled Swap day. 

CHANGES TO SUBSCRIPTIONS

Free Trials & Promotions

Free trials and/or promotions are available to first time customers only. Limited to one per household. The free period of the trial and/or promotion beings on the date the order is made, ends in accordance with the length of term of said trial/promotion and a 3-Month Membership (renewing every 90 days) will be charged without notice. Swap fees are not included in free trials/promos. Additional unique terms and conditions may apply, see trial and/or promo advertisement for details.

Increasing Your Plan

Subscribers can gain access to more items (ex. by changing their ‘foursies’ Plan to a ‘fivesies’ Plan) by updating their Subscription plan at any time. Full payment for additional access to items is due immediately (and not prorated). Access to the additional items is granted immediately upon successful payment. The Subscriber’s Plan will auto-renew at the rate of the updated Plan on their scheduled billing date. 

Decreasing Your Plan

Subscribers can decrease their Plan (ex. Updating their ‘foursies’ Plan to a ‘threesies’ Plan) at any time. The Subscriber’s change to access fewer items takes effect for the next billing cycle. Their current access will remain until their Plan changes at the next scheduled billing date. For example: The Subscriber has a ‘foursies’ Plan scheduled to auto-renew in 10 days and wants to update to a ‘Threesies’ Plan. The Subscriber will retain access to 4 items for 10 days. The next billing date will be updated to renew at the ‘threesie’ Plan and access to only 3 items will take effect. Refunds of any kind are not provided when downgrading a Plan.

Cancellations

Subscribers may cancel their subscription at any time. After a cancellation has been confirmed, the Subscriber has 5 days after their last billing date to return the items. If items are not return before this date: the Subscription will be deemed to continue; you will be billed for another payment period (on the same Subscription Plan terms); and your Subscription will continue to auto-renew as per the length of the associated purchase plan without notice.

Unlimited Swaps

Once subscribed to Unlimited Swaps the Subscriber may schedule Swaps for no additional Swap Fee for a 90-day period beginning on their next scheduled billing date. The Unlimited Swaps charge will also auto-renew every 90 days.

STANDARD OF ITEMS

Items may have been used by other Subscribers, but we will ensure the items are in good working order prior to making them available to you.

Items may be choking hazards as small parts are included or may be generated. Adult supervision is always recommended while using Sharesies items.

Returned items are expected to be in good working order. Items will be inspected upon return to Sharesies. If an item’s condition has dramatically changed while in your possession, if the item has lost its’ intended function, and/or is missing piece(s), you are subject to our damage policy (see Damage & Loss section below) and may be required to pay a damage fee per item.

RECEVING AND EXCHANGING ITEMS

Items will be delivered to your home address in Manitoba as specified during your order for those items (the “shipping address”). Your first delivery will arrive between 3-5 days after your order. Swap deliveries will occur on the date specified when scheduling a Swap order. If items are sent for delivery but cannot be delivered, Sharesies will contact you for support. If we are unable to connect with you while making the delivery, the delivery will not occur and Sharesies will contact you via email to seek resolution. Items shall remain at our risk until they are delivered to your shipping address. We may use third party delivery companies to assist us with the delivery of items to the shipping address but any such third party delivery company is acting on our behalf and we will always be your primary point of contact for shipping/delivery.

DAMAGE & LOSS

Some wear is to be expected and signs of gentle use is part of our Inventory. If an item’s condition has dramatically changed while in your possession, if the item has lost its intended function, and/or is missing a key piece(s), the Subscriber has two options:

1) Make a Damage Donation. Offer us an item that meets our toy guidelines using the form on our Website. If we accept your offer, we will call it even. Assessment of the offer made is at the full discretion of Sharesies and may be either accepted or rejected for any reason. In the event that Sharesies declines a donation offer, the Subscriber will be required to pay the Damage Fee.

2) Damage Fee. If a Damage Donation is not offered or accepted by Sharesies, the Subscriber agrees to pay a $50 fee per damaged item (special damage fees may apply if noted in the product description at the time of ordering). Payment of the Damage Fee is required within 5 days upon receiving your damage invoice. The Subscriber will not be able to make any swap orders until the damage fee is paid. Once payment is received, the item will be removed from the Subscriber’s Plan and they will gain access to another item via the Website.

Loss
If you lose an item you are borrowing you are responsible for paying Sharesies either a $50 lost fee or its retail value, whichever is greater.

Items Not Returned
Items not returned will be considered lost and you will be responsible for paying Sharesies the $50 lost fee or its retail value, whichever is greater.

Damaged items are required to be returned to Sharesies within 5 days of making a report. Failure to return the damaged item will result in a $50 loss fee or its retail value, whichever is greater. Subscribers owing either a damage fee or loss fee will not be able to make Swaps until payment and the damaged item is returned to Sharesies.

KEEPERS

Subscribers may request to keep an item. The Subscriber must complete the request form found on the Website. Sharesies will respond by presenting a price to purchase the item. If accepted by the Subscriber, Sharesies will invoice the Subscriber for the item. Once payment has been received ownership of that item transfers to the Subscriber. Sharesies will then release the item from the Subscription Plan which will enable the user to gain access to another item as per their Subscription Plan.

If the Subscriber declines the ‘keeper’ price presented by Sharesies, the item will continue to be owned by Sharesies, and will be returned in the usual course. 

YOUR OBLIGATIONS

  1. You agree only to access and use the Services for private, non-commercial use.
  2. You agree to ensure that the doorstep at the address indicated on your account is accessible on scheduled delivery dates or 3-5 days after your first order.
  3. You shall take good care of all items you are borrowing, including complying with all instructions and safety warnings and notices. We acknowledge and agree that the use of items will result in fair wear and tear. However if any items are:
    1. Damaged (other than due to fair wear and tear) or lost, then you shall comply with the damage & loss policy, and
    2. If certain parts of the item are not returned, the item will be considered damaged and you shall comply with the damage and loss policy.
  4. You agree to notify us promptly if any items are damaged, destroyed or lost.
  5. You agree to use your discretion as to whether an item is suitable and safe for a particular child. In particular:
    1. You shall not allow any child to play with (or otherwise use) an item if they are younger than the recommended age for that item; and
    2. You shall not allow any child to play with (or otherwise use) an item without adult supervision.
  6. You acknowledge and agree that:
    1. We are not the manufacturer of any of the items (and are not acting in the capacity of a manufacturer)
    2. You are responsible for reading the product description (found on our Website) to learn about the intended function of items, suggested age suitability, its’ current condition and condition notes.
    3. YOU UNDERSTAND THAT SMALL PARTS MAY BE GENERATED AND BE CHOKING HAZARDS.
    4. YOU ARE RESPONSIBLE FOR SUPERIVISING YOUR CHILD AND/OR ANY OTHER CHILDREN USING THE ITEMS YOU ARE BORROWING AT ALL TIMES.
    5. You will read and comply with (and ensure that anyone using the items complies with) the instructions for all items (available upon request by emailing hello@sharesies.co) and any other safety warnings or notices that are provided by the manufacturer in relation to items; and
    6. If you (or anyone else using the items) suffer injury or loss as a result of using the items in breach of the instructions, you accept that we will not be responsible for any such loss.
  7. You agree that you:
    1. Shall not use the services provided by Sharesies in any way that is contrary to the applicable law, rules and regulations; and
    2. You shall set up an account using a username and password to access and use the services we provide. You shall not share your username and password with anybody or make such information accessible to others.

CHARGES AND PAYMENT

  • You shall pay the charges and fees by the accepted payment methods indicated on the Website. You confirm that the card and/or bank account which is being used is yours, and/or that you have the authorization of the card holder to use it.
  • You authorize us to take payment for the card/account chosen by you on a reoccurring basis as per the associated purchase plan, for the duration of the Subscription period, including for any additional amounts (including any taxes, damage, loss, not returned fees, Unlimited Swaps, Swaps and any other charges as applicable) that may be accrued by or in connection with your Subscription in accordance with these terms.

CANCELLATION RIGHTS

You are free to cancel your Subscription at any time without penalty. Your Subscription will remain active until the last day of your Subscription period. The cancellation will be in effect upon your next scheduled payment. Once your Subscription is no longer active, our team will pick up your items on your doorstep. Failure to return your items will result in your Subscription renewing as it will be considered no longer cancelled. Payment will be taken from the card/account on file without further notice to you.

OUR RIGHT TO VARY THESE TERMS

These terms are subject to change or amendment from time to time at Sharesies’ sole discretion. These terms will be posted on our Website and we encourage you to check the Website for any changes to these terms. Please contact us for any questions about these terms.

RETURN OF ITEMS AFTER CANCELLATION

Unless otherwise stated, any termination of the Subscription shall not be effective until all items have either been returned to Sharesies and inspected or purchased by you. If, on the date that the Subscription is due to terminate, you have not returned or purchased all items then:

    • this agreement shall continue on the terms herein;
    • we shall take payment from you for any charges and fees that become due;
    • if you have not returned or purchased all items by the end of the Subscription period, then you shall be deemed to have elected to purchase such items still in your possession and we shall take payment from you accordingly;
    • you agree to pay all costs and fees (including reasonable legal fees) that may be associated with this section.  

TERMS (INCLUDING AUTO-RENEWAL) AND TERMINATION OF SUBSCRIPTION

Unless otherwise terminated or cancelled in accordance with these Terms, your Subscription will last for the Subscription period.

Your Subscription will automatically renew at the end of the initial term for a further period equal to the length of associated purchase plan and shall continue to renew for successive equal periods (each being a “Renewal period”).

    • When you Subscribe on May 1st and purchase a 90 day Subscription whereby you pay the Charges to us every 90 days, the Initial Term is 1 May 1st to June 29th (inclusive) and a Renewal period shall run on the following day, June 30th.

You may terminate your Subscription by logging in and going to the "My Account" page on the Website and clicking on the "Cancel My Subscription" button or by sending an email to hello@sharesies.co. Your Subscription will be cancelled at the end of the initial term (if cancelled 5 days prior to the expiry of the initial term) or on the day prior to the Renewal period date during which you cancelled your Subscription, provided all items have been returned or purchased. For greater clarity, when you purchase a 90 subscription and you terminate your Subscription during the middle of the initial 90 days or during a Renewal period, your Subscription will continue to the end of the first 90 day period or the next 90 day period, upon expiry of which your Subscription will end.

LIMITATION OF LIABILITY 

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL SHARESIES, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND ITEMS PROVIDED VIA THE SERVICES HEREIN. 

EVENTS OUTSIDE OF OUR CONTROL

In the event we are unable to provide our Subscription Service for reasons outside of our control then any agreement(s) between you and Sharesies shall be considered terminated without penalty to any party. In such an event, the parties agree to cooperate and use best efforts to return items and terminate services in an expeditious and fair manner.    

COMMUNICATION BETWEEN US

For questions or comments or to speak to a representative of Sharesies about the Subscription Service or terms, please contact us at hello@sharesies.co

GOVERNING LAW AND JURISDICTION

The Subscription Service and agreements formed between you and Sharesies shall be governed by the Laws of the Province of Manitoba and the laws of Canada applicable therein. By using the Website and Subscription Service you agree to attorn to the jurisdiction of the Province of Manitoba.

 

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