The Little Black Box is a subscription box membership offered on a quarterly, or yearly basis by Hanky Panky Adult Home Parties Inc. ("Hanky Panky, "us, or "we").
At Hanky Panky, we offer two Little Black Box Memberships (each, a "Membership"). Please review these Little Black Box Membership Terms carefully and make sure you understand them before enrolling because they contain important and relevant information regarding any Membership you may purchase, including renewal and cancellation terms. Memberships are continuous and automatically renew unless you cancel or we terminate your account.
1. Quarterly Memberships. A "Quarterly" Membership consists of an initial product box (each, a "Box") and an additional seasonal Box sent out quarterly thereafter - Winter (January), Spring (April), Summer (July), Fall (October).
If you sign up for a Quarterly Membership, you will be immediately billed $69.00 (as a non-refundable minimum purchase) and that quarter's Box or an Editor's Box will be the first box you receive. The Editor's Box is offered in between seasonal, quarterly boxes and may contain past seasons' products and other products. The specific box you receive as a first-time subscriber is subject to availability. Thereafter, your credit card will be charged $69 up to 30 days in advance of the subsequent seasonal, quarterly box shipment date, and every quarter (so, four times a year) thereafter.
Quarterly Memberships automatically renew each "Quarter" (i.e., January, April, July and October) and, unless you timely cancel, you will be charged as described above.
2. Annual Memberships. If you choose an Annual Membership, your subscription will include the same Boxes as you would receive under a Quarterly Membership. If you sign up for an Annual Membership, you will be immediately billed $249 (as a non-refundable minimum purchase).
Annual Memberships automatically renew on the next billing date after your first four boxes and, unless you timely cancel, you will be charged for the next annual Membership Term up to 30 days before the then-current Box is shipped.
3. Cancellation Policy. Customers may cancel at any time, subject to the time frames below. We do not place "holds" on Memberships.
In order to cancel your Subscription, you must do one of the following: (a) email us at email@example.com, indicate that you wish to cancel and follow the instructions that we send you in response; or (b) call us at 1-866-944-5554, indicate that you wish to cancel and follow the instructions given. THERE ARE NO CANCELLATION FEES.
Cancellations must be effected prior to the billing date of the Membership renewal. For Quarterly Memberships, this means that you must cancel before the billing date for the next Season. Billing dates are as follows: Winter (January) Box - December 15, Spring (April) Box - March 15, Summer (July) Box - June 15 and Fall (October) Box - September 15. For Annual Memberships, you must cancel prior to the billing date for the next annual period.
4. Taxes. Stated prices for Membership and merchandise do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We may charge you for any taxes that we believe we are required to pay or collect related to your purchase.
5. Shipping. The shipping of your first, initial box (Quarterly or Editor's, as set out above) is included with your Quarterly or Yearly Membership (and payment of either $69 or $249, respectively.) If your Quarterly or Yearly Membership was purchased at a hosted Hanky Panky Adult Home Party, your initial box may be delivered to your hostess by your Hanky Panky consultant as per regular home party product delivery, or separately via Canada Post directly from Hanky Panky, at the sole discretion of Hanky Panky.
We will charge you shipping fees for all subsequent boxes, which will be delivered by Canada Post to the shipping address you specify when you enroll for Membership. Shipping fees are currently $15.00, plus applicable taxes.
6. Questions? If you have any questions, please contact us at:
Hanky Panky Adult Home Parties Inc.
B3 - 1410 Parkway Blvd, Box 103
Coquitlam, BC V3E 3J7
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY SERVICES.
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org or call us at 1-866-944-5554.
1.1 Eligibility. To use the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party's acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
1.2 License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. Hanky Panky reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.
1.3 Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Service or Site; (g) collect information about users of the Service, the Site, or the Service; (h) violate, misappropriate or infringe a third party's intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party's ability to use or enjoy, or our ability to provide, the Service or Site.
2. ACCOUNT REGISTRATION; ACCOUNT USE
2.1 Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else's account at any time.
2.2 Security of Your Account. You agree to notify Hanky Panky immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or lawyers' fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and lawyers' fees incurred by Hanky Panky or a third party due to someone else using your account.
2.3 No Obligation to Retain a Record of Your Account. Hanky Panky has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
3. MEMBERSHIPS AND PROMOTIONS
3.1 Memberships. We offer various subscription membership plans (each, a "Membership") for regular shipments of curated items or single purchase premium edition offerings Hanky Panky may provide from time to time. Our Memberships are also subject to our The Little Black Box Membership Terms, which provide additional information regarding Memberships (including term, delivery frequency, and pricing).
3.2 MEMBERSHIPS AUTOMATICALLY RENEW. YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
3.3 Cancellation Policy. Memberships may be cancelled any time, subject to these Terms and the The Little Black Box Membership Terms. In order to cancel your Membership, you must: (a) email us at TheLittleBlackBox@hankypanky.ca, indicate that you wish to cancel and follow the instructions that we send you in response; or (d) call us at 1-866-944-5554, indicate that you wish to cancel and follow the instructions given. You must contact us and complete cancellation within the timeframes stated in The Little Black Box Membership Terms for your cancellation to be effective in a timely fashion. There are no cancellation fees.
3.4 Promo Codes. Hanky Panky may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Hanky Panky at any time in its sole discretion.
4. TERMS OF SALE
The following terms apply to your purchase of the products offered on the Site, whether by way of a Membership, promotional products, or otherwise ("Products").
4.1 Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
4.2 Availability and Pricing. Hanky Panky reserves the right to change the prices and available Products and Memberships at any time. Any Membership you have already paid for as of the date of such notice will not be affected by such change for the then-current term of the Membership. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on this Site are for sale only in Canada and all prices are quoted in Canadian dollars. We may occasionally make errors in the stated prices on this Site. If a product's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
4.3 Purchasing Products. The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
4.4 Orders. We have the right to refuse or limit any orders, limit quantities, and Memberships. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.
4.5 Returns. We do not allow returns or substitutions of Products. All sales are final.
4.6 Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier's shipping information). Any refunds or replacements are made solely in our discretion.
4.7 Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Memberships. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
4.8 Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. 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.
4.9 Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, provincial, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
4.10 Gift Certificates. Gift certificates will expire or decline in value, or not, in accordance with the laws of the purchaser's location at the time of purchase.
4.11 Personal Use Only. Products are for your personal use only. You agree not sell or resell any products you purchase or otherwise receive from us in connection with your Membership. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
5. WARRANTIES; DISCLAIMER
5.1 NO WARRANTIES. THE SITE, SERVICES AND PRODUCTS ARE PROVIDED "AS AVAILABLE" AND "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. HANKY PANKY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HANKY PANKY DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
5.2 USE OF SITE IS AT YOUR OWN RISK. HANKY PANKY DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. HANKY PANKY MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. HANKY PANKY WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. HANKY PANKY MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
5.3 NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. HANKY PANKY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND HANKY PANKY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. HANKY PANKY WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5.4 YOUR RIGHTS MAY VARY. SOME PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM PROVINCE TO PROVINCE OR IN OTHER JURISDICTIONS.
6. LIMITATION OF LIABILITY
6.1 NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL HANKY PANKY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR REPRESENTATIVES (COLLECTIVELY "HANKY PANKY" FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF HANKY PANKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. HANKY PANKY WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOOD WILL.
6.2 OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100.
6.3 YOUR RIGHTS MAY VARY. BECAUSE SOME PROVINCES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR PROVINCE OF RESIDENCE.
You agree to defend, indemnify and hold harmless Hanky Panky, its affiliates and their respective directors, officers, employees and agents (the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities and expenses (including attorneys' fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party's use or misuse of any product purchased by you on this Site; (c) arising from or related to any other party's access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Site or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
8. TERMINATION; SURVIVAL
8.1 Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice.
8.2 Modification and Termination of Site and Services. We may modify or terminate the Site or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.
8.3 Suspension or Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Site, we will fulfill our obligations to you related to any order outstanding at the time of termination.
8.4 Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: 1.3, 1.4, 2, 4.4, 4.5, 5 through 10, 11.4, 12, and 13.
You and Hanky Panky agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Hanky Panky in any way (collectively, "Covered Matters") will be resolved in accordance with the provisions set forth in this Section 9.
9.1 Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at email@example.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
9.2 Applicable Law. Canadian federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of British Columbia, without regard to conflict of laws principles, will govern all Covered Matters.
9.3 Arbitration. These Terms and each of its parts evidence a transaction involving inter-province commerce, and the Commercial Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.4 Award. For matters where the relief sought is over $5,000, the arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Hanky Panky user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
9.5 Exceptions. There are only two exceptions to this arbitration agreement:
(a) First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.
(b) Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Vancouver, British Columbia, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
9.6 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Hanky Panky must be resolved exclusively by a provincial, federal, or small claims court located in Vancouver, British Columbia. You and Hanky Panky agree to submit to the exclusive personal jurisdiction of the courts located within Vancouver, British Columbia for the purpose of litigating all such claims or disputes.
9.7 WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
9.8 STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
10. GENERAL TERMS
10.1 Force Majeure. Under no circumstances shall Hanky Panky or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
10.2 No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Hanky Panky to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
10.3 Miscellaneous. These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and Hanky Panky and govern your use of the Site, Services and products provided by Hanky Panky, and supersede any prior agreements between you and Hanky Panky on the subject matter. You also may be subject to additional terms that may apply when you use certain Hanky Panky services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Hanky Panky without restriction. These Terms bind and inure to the benefit of each party and the party's successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Hanky Panky. A party's failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. "Include(s)" or "including" means, respectively, "include(s), without limitation," or "including, without limitation,", unless expressly stated otherwise. If you are using the Site or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
10.4 Use Outside the Canada. The Site is controlled and offered by Hanky Panky from Canada . Hanky Panky makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in Canada of information you provide to us.
10.5 Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
B3 - 1410 Parkway Blvd, Box 103
Last Updated: Monday,September17,2018