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The Subscription Service & Purchase Agreement - Terms & Conditions

Last Modified: October 29, 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 the package of credits and delivery packages for 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 items for another, store credit or a discounted membership during the Subscription period or identified timeframe associated with a purchase.

Delivery Fee” – a charge, which can be purchased at any time during the Subscription, which allows a Subscriber to have items delivered or picked up (i.e. exchanged). The Delivery Fee is subject to change from time to time, will be posted on our Website, and will be itemized at the time of purchase.  

Website” – means sharesies.co

Retail Value” – means the retail value as listed on the Sharesies web site and/or determined at the sole discretion of Sharesies based on fair market research.

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 packages presented, 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 swap items (according to the Plan selected) and have access to credits associated with their account 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). 

Credits

Your Subscription allows you trade items, that are accepted into the Sharesies inventory, for credits based on their retail value ex. if an item is assessed to have a retail value of $45 CDN dollars, then your account will receive 45 credits after it has been donated to Sharesies and determined to be in good working condition. Credits do not have cash value and may not be transferred to other accounts. Credits remain valid with a active subscription and will expire if/when a subscription is cancelled.

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.

SWAPS

Subscribers may Swap (i.e. trade or exchange) items during the Subscription period. The Subscriber may choose items to return or donate in exchange for store credit. Then use those credits to make new selections.

For example: Subscriber has ordered 4 items and chooses to Swap 1 and keep 3. The item returned will be assessed to ensure it is in good working condition and the subscribers account will be loaded with credits for it’s retail value. The Subscriber may choose to donate/share/trade toys from their possession in exchange for credit by leaving them on the doorstep on their order delivery day. Sharesies will pick up the donated toys and load the Subscribers account with credits in accordance with their respective retail value for each item that meets the posted Sharesies toy trade in guidelines.

Assessment and acceptance of donations is at the sole discretion of Sharesies and is not guaranteed. Should an item not be accepted, Sharesies will either donate the item to local charity or a day care facility or have it recycled appropriately. Sharesies will not return items that were not accepted.

Subscribers are responsible for placing the items intended to be swapped in a Sharesies box or bag (or another object that sufficiently protects the items from outdoor elements). Items must be outside the Subscriber’s door as of 9:00am 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.

CHANGES TO SUBSCRIPTIONS

Free Trials & Promotions

Free trials and/or promotions may be 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 Sharesies Membership (renewing every 1-year) will be charged without notice. Delivery fees are not included in free trials/promos. Additional unique terms and conditions may apply, see trial and/or promo advertisement for details.

Upgrading Your Plan

Subscribers may be able to upgrade their plan (ex. by changing their Membership to a Premium Membership) by updating their Subscription plan at any time. Full payment for additional access to items is due immediately (and not prorated). Access to any additional credits 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 ‘Premium Plan’ to a ‘Plus Plan’) at any time. The Subscriber’s change to credits and delivery packages 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 ‘Premium’ Plan scheduled to auto-renew in 10 days and wants to update to a ‘Plus’ Plan. The Subscriber will retain access to credits and delivery packages items for 10 days. The next billing date will be updated to renew at the ‘Plus’ Plan and new credits and delivery packages will be fulfilled in accordance to the new plan 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’s credits will expire.

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 and/or donated 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 will not receive credits for the item and Sharesies will have it recycled accordingly.

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 delivery will arrive in accordance with the delivery option chosen at the time of the 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 item will not be accepted back into inventory and credits will not be given to the Subscriber.

KEEPERS

Subscribers may keep items they have selected at any time.

MORE FOR YOUR MONEY GUARANTEE

You will play with toys worth more than the cost of your membership when you swap at a minimum of 4 times in a 1-year period. Your first order is not considered a swap. In the event that the retail value (as posted on the Sharesies website) does not exceed the cost of your membership type and the minimum amount of swaps has been reached, and you request a refund, a full refund will be provided. 

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 order.
  3. You shall take good care of all items you are using, 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 policy.
  4. You agree to not donate/share/swap any items that are damaged or destroyed.
  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

  • Payment Plan:
    *All memberships are one-year in length. Payment plans are now available in 4 equal payments every 3-months. Starting credits included in your package will be broke in to 4 parts when selecting the payment plan option. You may cancel at any time after the one-year of payments are paid in full. Members choosing the payment plan are required to make all 4 payments.

  • 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, delivery fees, 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 expire any credits associated with your account.

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.

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 November 1st and purchase a 1-year Subscription whereby you pay the Charges to us every 365 days, the Initial Term is 1 November 1st to  October 31st (inclusive) and a Renewal period shall run on the following day, November 1st.

You may terminate your Subscription by logging in and going to the "My Account" page on the Website and clicking on the "Manage your subscription account here" 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 1-year subscription and you terminate your Subscription during the middle of the initial 1-year or during a Renewal period, your Subscription will continue to the end of the first 1-year period or the next 1-year 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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