TERMS OF SERVICE
(Last Updated August 10, 2021)
Welcome to www.heyrebelrebel.com (the “Website”) provided by or on behalf of REBEL REBEL PERSONAL CARE CORP. and its current and future affiliates (collectively: “us”, “we”, “our” or the “Company”). The Website offers hand sanitizers, cleansers, and various other products (collectively, the “Products”), available to you from the Website’s store section. “You” and “your” means, as applicable, you and every person who uses the Website through your account. By visiting and using the Website you are bound by these terms of service (the “Terms”), so please read them carefully. If you do not agree to comply with these Terms, then you may not use the Website.
2. AVAILABILITY AND ACCESS
Certain Products may only be shippable to certain geographical regions. We are based in Canada, and the Website may not be accessible from all geographical regions. We also reserve the right to refuse services to anyone for any reason. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms
3. PRODUCTS AND SERVICES
We have made every effort to display as accurately as possible the colors and images of our Products that appear on our Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products and services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on this site is void where prohibited.
We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Website will be corrected.
4. PAYMENT TERMS
a. Pricing. All prices listed on the Website are in Canadian dollars and do not include applicable taxes. Taxes will be applied at the time of payment.
b. Price Changes. We reserve the right to adjust pricing for the Products or any components thereof in any manner and at any time as we may determine in our sole discretion.
c. Accuracy of billing information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
d. Refusal of Service. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Unless otherwise stated, you are responsible for all shipping fees, calculated during the checkout process. Delivery of regular orders within Canada can be expected 14-30 days after an order is processed, depending on the region in which you are located.
If you receive a damaged or incorrectly shipped product please email our customer support immediately at email@example.com with the subject line “Returns” so that we can evaluate the issue and make it right. We will try to respond to you within 3-5 business days.
Returns of unopened and sealed Product(s) are only permitted in instances in which there was a technical error during checkout or a mistaken order made by you and you contact us within FORTY-EIGHT (48) hours of such error or mistake being made.
We cannot accept returns of opened and/or used products under any circumstance. All permissible refunds are subject to inspection of product(s) once received by us. In order to be eligible for a refund, any returned Product(s) must be (i) sealed, undamaged and without any signs of wear or tampering; (ii) returned within 14 calendar days of the original delivery date; and (iv) accompanied with your contact information and a description of the damage or mistake, correctly and legibly addressed. There is a 15% restocking fee for returned undamaged items that are not being exchanged.
7. PRODUCT SUPPLIERS
You acknowledge and agree that any third-party Product suppliers are third party beneficiaries of these Terms. This means that, upon your acceptance of these Terms, such suppliers will have the right (and will be deemed to have accepted the right) to enforce these Terms directly against you.
8. THIRD PARTY SOFTWARE
Any software programs and technology contained within, or available through, the Website that have been licensed to us by third parties, including, without limitation, our payment processor(s), which include but may not be limited to Shopify Inc. (collectively “Third Party Software”) is subject to the proprietary rights of its respective owner. You acknowledge and agree that the owners of Third Party Software will not be held liable for the removal or other unavailability of such Third Party Software in the Website. In addition, the same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to the Third Party Software contained in the Website. By using this Website and any Third Party Software during the checkout process or otherwise, you agree that the Company does not assume any responsibility or liability for your use of such Third Party Software.
9. CUSTOMER ACCOUNT/REGISTRATION
During the registration and/or checkout process, you may be asked to provide an e-mail address and/or provide billing information and certain other information. In such circumstances you certify that any information that you provide during the registration process will be complete and accurate and that you will not register under the name of, nor attempt to use the Website under the name of, another person. You agree to promptly update any information as necessary to ensure that your account is kept complete and accurate, including, without limitation, any information for the payment method that you designate. If you do not update that information when necessary, you may not be able to access certain areas of the Website.
10. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
In some cases the Company may permit you to submit information and other content, so long as the information or other content is not illegal, obscene, threatening, defamatory, in violation of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or worms or any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or other content. The Company reserves the right (but not the obligation) to remove or edit such content.
If you submit comments, reviews, or other content, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information or other content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such information or other content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.
11. COMMUNICATION PREFERENCES
By using the Website, you consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your e-mail address provided during registration, or posting communications on the Website, or on the “Your Account” page and will include notices about your account (e.g. payment authorizations, changes to your payment method, confirmation emails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you will satisfy any legal communication requirements, including that such communications be in writing.
We may modify or discontinue the Products made available on the Website at any time in our sole discretion without prior notice to you. We may also modify these Terms or change any aspect of the Website at any time in our sole discretion. If you do not accept any modification to these Terms or changes to the Website, then your sole remedy is to terminate these Terms by no longer using the Website. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Subject to our right to make modifications, no other statements, written or verbal, will change these Terms.
You may not make any changes to these Terms.
13. PRIVACY AND ACCEPTABLE USE
b. Age of Majority. By agreeing to these Terms, you represent that you are at least the age of majority in your home Province, State or jurisdiction, or that you are the legal guardian agreeing to these Terms on behalf of a minor dependent to use the Website.
c. Unlawful Use. You may not use the Products for any illegal or unauthorized purpose, nor may you purchase any Products or use the Website if doing so violates any laws in your local jurisdiction (including, without limitation, copyright laws).
14. THIRD PARTY APPLICATIONS/LIMITATION OF LIABILITY
15. INTELLECTUAL PROPERTY
All intellectual property included or referenced on the Website, including, without limitation, the names/marks “Rebel Rebel,” “Rebel Rebel Personal Care” (the “Trademarks”), software, the compilation of all content on the Website and any packaging designs, artwork, text, graphics, logos, button icons, images, audio clips, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright and trademark laws and and use of them is not authorized in any manner other than as required for you to use the Website and view the Products in accordance with these Terms.
16. LEGAL RIGHTS COMPLAINTS
The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Notice of claims of rights violation should be sent to us at the address listed at the end of these Terms below. We will process your complaint pursuant to the Copyright Act of Canada.
17. PRODUCT AND WEBSITE USAGE RESTRICTIONS
The Website and the Products are for your personal, non-commercial use. You may not reproduce, duplicate, copy, download, translate, publicly display, sell, license, sub-license, publish, or modify any of the Website or the Products without the prior written consent of the Company. You acknowledge that any use of the Website by you must be in accordance with these Terms. Failure to adhere to this policy may result in the termination of your account and possible legal action.
You are welcome to link to a homepage of the Website; however, you may only establish a hypertext link to the homepage of the Website if: (a) the link does not state or imply any affiliation, connection, sponsorship, endorsement, commercial tie-in, or approval of your site by us or anyone having rights to any Products on the Website, or create the false impression that an entity is sponsored by or associated with us; and (b) the appearance, position and other aspects of the link does not damage the goodwill associated with us, our trademarks or any other trademarks appearing on the Website. Notwithstanding the foregoing, links with any video player, or within the Products itself, is strictly prohibited.
We may provide links to the sites of affiliated companies and/or certain other businesses or websites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
19. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
20. SUSPENSION AND CANCELLATION
The Company may, at any time, without notice to you, restrict, block suspend or cancel any or all of your use of the Website or your account if you fail to comply in full with any of these Terms or any other terms, agreements or policies that apply to the Website and the use of it.
You agree to defend, indemnify and hold harmless the Company from and against all claims, liability, losses, actions, proceeding, suits, damages, settlements, penalties, fines, costs and expenses, including all reasonable legal fees and other litigation expenses, arising out of: (a) your breach of any provision of these Terms; (b) your use or misuse of the Website or the Products; (c) your use of or inability to use any Third Party Software; or (d) any violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party. The Company may, in its sole discretion and at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim. Your indemnification shall survive any termination of your right to use the Website and the Website.
22. NO WARRANTIES
The Website and all Products, material, information or postings found on or accessed through the Website are provided on an “as is” basis. To the maximum extent permitted by applicable law, the Company expressly disclaims any and all representations, warranties and conditions, express or implied, including without limitation, any and all representation and warranties of title and non-infringement, and all implied warranties and conditions or merchantable quality, fitness for any particular purposes, suitability for any particular purpose and any representations, warranties or conditions arising from any course of dealing or usage of trade, for the Website, the Website or the Products contained in or accessed through the Website. The Company makes no representations or warranties as to the performance, availability, accuracy, timeliness, reliability, secure operation, truthfulness or completeness of the Website, the Website or the Products contained in or accessed through the Website, including without limitation, the contents or delivery of any Products, information, material or posting found on the Website, any services provided through the Website, or any links to other websites made available on the Website or the content contained on such site(s) or, for Third Party Software, the operation of the Third Party Software or any feature of the Third Party Software. The Company further makes no representations or warranties that the Website or access to and use of the Website will be continuous, accurate, uninterrupted, error-free or free from defects, viruses or other harmful codes or components.
You expressly agree that your use of the Website is at your sole risk. Information provided on the Website may contain references to products and services offered by authorized distributors that are not available in your local area, and the Company makes no representations or warranties as to the availability of such products and services in your local area, and such references do not imply that those authorized distributors intend to provide such products or service in your local area.
23. FURTHER LIMITATIONS OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE SITE(S) ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
SUBJECT TO ANY APPLICABLE LOCAL LAWS, IF ANY, UNDER NO CIRCUMSTANCE, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH, SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES OR ANY LOSS THAT RESULTS FROM THE SUPPORT FOR ANY THIRD PARTY SOFTWARE, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INFORMATION, MATERIAL OR POSTINGS ON A SITE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY WHETHER OR NOT THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU; AND ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITY OR COSTS RESULTING DIRECTLY OR INDIRECTLY OUT OF, OR OTHERWISE ARISING IN CONNECTION WITH THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY. THESE LIMITS APPLY TO ANY ACT OR OMISSION OF THE COMPANY, WHETHER OR NOT THE ACTS OR OMISSIONS WOULD OTHERWISE GIVE RISE TO CLAIMS OR CAUSES OF ACTION IN CONTRACT, TORT, PURSUANT TO STATUTE OR PURSUANT TO ANY OTHER DOCTRINE OF LAW.
All disputes or questions touching on these terms or the construction or application thereof, or any clause or thing herein contained, or any account to be determined or made in connection with these Terms or as to any act, deed or omission or the rights, duties or liabilities of any of the parties under these Terms will be referred to arbitration before a single arbitrator, administered by the British Columbia International Commercial Arbitration Centre pursuant to its Rules. The place of arbitration shall be the City of Vancouver, Province of British Columbia.
These Terms shall in all respects be governed and construed in accordance with the laws of the Province of British Columbia, Canada applicable to contracts entered into and fully performed therein, and the applicable sections of the Copyright Act and any other applicable copyright law. Subject to the arbitration clause immediately preceding this paragraph, only the British Columbia courts (Provincial and Federal) shall have jurisdiction over controversies regarding this Agreement and the parties consent to the same. Any proceeding involving such a controversy shall be brought in those courts, in the City of Vancouver.
These Terms, as amended from time to time, any other documents referred to in these Terms, and any rules, policies, guidelines or other agreements posted on the Website by the Company, constitute the entire agreement between us and you for your use of the Website and any transactions occurring thereon.
Either party’s failure to insist upon or enforce strict performance of any provision of these Terms does not mean that party has waived any provision or right in these Terms. No waiver by either the Company or you of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of these Terms is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the unenforceable provision shall be construed in accordance with applicable law as nearly as possible to give effect to the Company’s original intentions and the remainder of the provisions shall remain in full force and effect.
If you are dissatisfied with the Website or with these Terms, then your sole remedy is to stop using the Website.
Any notice of a claim or other legal correspondence must be sent to:
Rebel Rebel Personal Care Corp
2305 – 610 Granville Street
Vancouver, BC, Canada
Any notice will be deemed to have been given on the date on which it was received by the Company’s legal representatives.
Last updated: August 10, 2021
1. This policy applies to all services offered by REBEL REBEL PERSONAL CARE CORP. (collectively: “us”, “we”, “our” or the “Company”), including, without limitation, the Website, as such term is defined in our Terms of Service) and all associated applications, and governs data collection and usage. At the Company, the security and integrity of our customers’ personal information is important to us. We take every reasonable measure necessary to protect the privacy of our customers while providing the high-level communication services they expect. By using any the Company’s services, including without limitation the Website, you consent to the data practices described in this statement.
2. The Company’s privacy practices are in accordance with all federal and provincial laws and regulations. We are bound by the Personal Information Protection Act (British Columbia) and the federal Personal Information Protection and Electronic Documents Act (PIPEDA).
3. Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone numbers.
4. The Company has privacy and security practices in place to safeguard our customers’ personal information. These practices are reviewed, and if necessary revised, on a regular basis.
5. Personal information collected by the Company is information about an identifiable individual that may include such information as your name, email address, mailing address, phone number, credit card information, related account information and any recorded complaints.
6. The Company collects information regarding you and your use of our services, and your interactions with us and our advertising, including, without limitation:
a. your purchase history;
b. details regarding your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and, if you call us, your phone number; and
7. At the Company, we may collect customer information for one or more of the following purposes:
a. To provide a positive customer experience, to process your registration, and deliver, bill for and collect payment for products and services;
b. To understand customer requirements and make information available regarding products and services offered by the Company and its agents, suppliers and affiliates;
c. To manage and develop the Company business and operations;
d. To meet legal and regulatory requirements; and
e. To obtain credit information or provide it to Service Providers and affiliates.
8. The Company may use other companies, agents or contractors (“Service Providers”) to perform services on our behalf or to assist us with the provision of services to you. For example, we may engage Service Providers to provide marketing, advertising, communications, infrastructure and IT service, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users’ interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services.
9. If you directly disclose personally identifiable information or personally sensitive data through posted reviews or other publicly viable section of the Website, you do so at your sole risk as this information may be collected and used by others, including anonymously.
10. The Company encourages you to review the privacy statements of websites you choose to link to from the Company so that you can understand how those websites collect, use and share your information. The Company is not responsible for the privacy statements or other content on websites outside of our Website.
12. Cookies are small data files that are commonly stored on your device when you browse and use websites and online services. They are widely used to make websites work, or to work more efficiently, as well as to provide reporting information and assist with service or advertising personalization. Cookies are not the only types of technology that enable this functionality; we also use other, similar types of technologies.
13. We and our Service Providers may use the following types of cookies:
a. Essential cookies: These cookies are strictly necessary to provide our website or online service. For example, we or our Service Providers may use these cookies to authenticate and identify our members when they use our websites and applications so we can provide the service to them. They also help us to enforce our Terms of Service, prevent fraud and maintain the security of our service.
b. Performance and functionality cookies: These cookies are not essential, but help us to personalize and enhance your online experience with the Company. For example, they help us to remember your preferences and prevent you from needing to re-enter information you previously provided (for example, during member sign-up). Deletion of these types of cookies will result in limited functionality of our service.
c. Advertising cookies: These cookies use information about your visit to this and other websites, such as the pages you visit, your use of our service or your response to ads and emails, to deliver ads that are more relevant to you. These types of ads are called “Interest-Based Advertising”. Many of the advertising cookies associated with our service belong to our Service Providers.
d. Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. We and our Service Providers may use them for similar purposes as cookies, such as understanding and enhancing the use of our service, improving site performance, monitoring visitor traffic and actions on our site, and understanding interactions with our marketing (including email and online ads on third party websites). Because web beacons often work in conjunction with cookies, in many cases, declining cookies will impact the effectiveness of web beacons.
e. We may use other technologies that are similar to cookies, such as browser storage and plugins. Like cookies, some of these technologies may store small amounts of data on your device. We may use these and various other technologies for similar purposes as cookies, such as enforcing our terms, preventing fraud, and analyzing the use of our service. There are a number of ways to exercise choice regarding these technologies. For example, many popular browsers provide the ability to clear browser storage, commonly in the “settings” or “preferences” menus; see your browser’s help function or support page to learn more.
14. The Company service and its content are not intended for children under the age of majority in the jurisdiction within which they reside without parental supervision. The Company does not knowingly collect or maintain any personal information from anyone under the age of majority on the service. By registering and using the service, the user warrants that they have reached the age of majority in their Province, Territory or jurisdiction, or is accessing the service with parental consent. If an individual under the age of majority in their Province, Territory or jurisdiction is found to have registered by falsely claiming to be the appropriate age during registration, the Company will delete the account and will remove and/or delete any personal information that may have been submitted by that individual.
15. The Company does not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company or the site; (b) protect and defend the rights or property of the Company; and, (c) act under exigent circumstances to protect the personal safety of users of the Company, or the public. If your account is cancelled, the Company may retain your personal information for up to 24 months, or such other period as required by law, and will then delete it.
16. The Company informs customers of the existence, use and disclosure of their personal information upon request and gives them access to their information.
17. The Company ensures that customer information is accurate, complete and up-to-date. Customers can challenge the accuracy and completeness of the information and request amendments as appropriate.