Terms

Who we are

TOPBOX Inc. ("TOPBOX", "we" or "us") operates out of 53B Tycos Dr, North York, ON, M6B 1W3, Canada. Our Privacy Policy ("the Policy") should be read in conjunction with our Terms and Conditions (“the Terms”). The Terms apply both to our website and our Services. The words "Services" or "Members" refers to the Luxe Box's membership services and those individuals ("you", "your") who have expressed interest in the Service requesting an invitation and/or creating an account, or those signed up for such service, respectively. The word “Site” refers to the Luxe Box website. Please read these Terms carefully before using the Services or Site and print a copy for your records. Your access to and use of the Services and Site are subject to the Terms and all applicable laws. By accessing and using the Services or the Site you agree to be bound by these Terms whether or not you have read them. If you do not agree to these Terms, do not access or use the Services and Site.

Our Service

To sign up for the Luxe Box membership, we require that you provide us with your email address and certain demographic information such as your age, gender, beauty product preferences and interests. You have allowed us to access this information before using the Service. The Service is a recurring membership and by signing up, you authorize TOPBOX to charge your credit card every 3, 6 or 12 months, based on your selected membership plan. TOPBOX may, at any time and from time to time hereafter, notify members in writing of any changes in the Service. The Member will be deemed to accept the change(s) to the Service as set out in the notice unless the member cancels their membership within twenty (20) days following receipt by the Member of such notice.

Members

Luxe Box membership is intended for individuals who are 13 years of age or older. We encourage minors over the age of 13 to seek permission from their parents or legal guardians to use Luxe Box Services.

Your Content

Content means any information, text or other materials uploaded or appearing as part of the Services or on the Site. You own all Content you contribute to Luxe Box. However, in using the Services or Site, you grant us a worldwide, irrevocable, royalty-free, perpetual license (with the right to sublicense) to use, copy, reproduce, process, create adapt, modify, publish, transmit, translate, display, broadcast, and distribute such Content in any and all media or distribution methods (now known or later developed). You hereby waive all moral rights you may have in your Content. You also acknowledge that any Content you post (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and TOPBOX other than pursuant to these Terms; and (iv) is subject to the grant of rights regarding Content described above.

You ensure that the Content you contribute is not spam, is not machine- or randomly-generated and does not contain unethical or unwanted commercial content. You represent and warrant that you are the author of the Content you contribute and that they do not infringe the intellectual property or other proprietary rights of any third party.

Intellectual Property

The materials displayed on or contained within the Services and Site including, without limitation all software, design, text, editorial materials, informational text, photographs, illustrations, images, audio clips, video clips, short features, tools, artwork and other graphic materials, and names, logos, trade-marks and service marks (the “Materials”), are the property of TOPBOX are protected by copyright, trade-mark and other intellectual property laws. Luxe Box name, design and related marks are trade-marks of TOPBOX.

Rules

Your use of the Service and Site will be in compliance with all applicable laws and regulations. You will not: (i) use the Service or Site to post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email; (ii) omit, delete, forge or misrepresent transmission information, including without limitation headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (iii) impersonate any individual or entity, or falsely state or otherwise misrepresent an affiliation with any individual or entity; (iv) engage in any activities intended to withhold or cloak identity or contact information; (v) send harassing and/or threatening messages to others; (vi) transmit any viruses or any other disabling mechanisms; (vii) use the Service or Site for any illegal purpose, in violation of any applicable laws or regulations; (viii) engage in any Internet activities that would violate the privacy rights of others; (ix) attempt to penetrate security measures of the Service or Site or obtain or bypass others’ passwords; or (x) engage in denial of service attacks, or take actions designed to impair network access by flooding the Site or the Internet with useless traffic.

You agree that you are responsible for your own communications and interaction with other Members or Site and that you will not post, disseminate or transmit any content on or through the Service or Site that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, invasive of another's privacy or that promotes hatred; (ii) infringes or violates any party's copyright, trade-mark, trade secret, patent or other proprietary rights; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information not belonging to you including without limitation any personal information belonging to minors. To the extent that the following activities are prohibited by applicable law, in using the Services or Site you will not: (i) use the Services or Site for any illegal purpose, in violation of any applicable laws or regulations; (ii) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass others; or (iv) engage in any Internet activities that would violate the privacy rights of others, including but not limited to, collecting, using and disclosing information about Internet users without their permission, except as permitted by applicable law.

You acknowledge and agree that you are solely responsible for your account and the security of your password relating to such account and that you will not disclose it to any third parties. In addition, you will promptly advise TOPBOX of any unauthorized use of your password.

The Terms apply any time you use our Services or visit our Site. Violation of the Terms could result in the suspension of the Service, at the sole discretion of TOPBOX, without prior notice to you.

Responsiblity

We are not responsible for any Content generated by Members on the Site or as part of the Services. The Services or Site may contain Content that is offensive, indecent or otherwise objectionable, as well as containing inaccuracies or errors. We disclaim any responsibility for any harm resulting from the use of or reliance on our Site or Services. The Services or Site may also contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to the Services and Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of TOPBOX. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Changes

We reserve the right, at our sole discretion, to modify, alter or replace any part of the Terms without prior notice. Your continued use of our Site or Services after the changes constitutes your acceptance of the changes. Additional features on the Site or Services are subject to the Terms. It is your responsibility to check the Terms periodically for changes. If you do not agree to any modifications of the Terms, you must immediately stop using the Site and Services.

Disclaimer of Warranties

THE SITE AND SERVICES, THEIR CONTENTS, THE MATERIALS, AND ANY SOFTWARE, PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. TOPBOX MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE SITE OR SERVICE. THEIR CONTENTS, THE MATERIALS, CONTENT PROVIDED BY THIRD PARTIES OR SUCH SOFTWARE, LINKS, TOOLS, TIPS, PRODUCTS, FUNCTIONALITIES AND SERVICES OFFERED OR CONTAINED HEREIN, AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THE APP OR SITE, THEIR CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, FUNCTIONALITIES OR SERVICES PROVIDED THROUGH THE APP OR SITE. IN ADDITION, TOPBOX DOES NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THE APP OR SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

LIMITATION OF LIABILITY: IN NO EVENT SHALL TOPBOX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THE SERVICES OR SITE; ANY LUXE BOX MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THE SITE; ANY TOOLS, TIPS, LINKS, FUNCTIONALITIES OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE SERVICES OR SITE; YOUR ACCOUNT AND PASSWORD; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, OR INABILITY TO USE THIS APP OR SITE WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE AND EVEN IF TOPBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR SITE AND YOUR CONTENT. TOPBOX SHALL NOT BE RESPONSIBLE FOR YOUR CONTENT OR THE CONTENT OF ANY OTHER USERS SUBMITTED TO THE SITE.

YOU ACKNOWLEDGE THAT TOPBOX IS NOT LIABLE FOR ANY LIBELOUS, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS AND/OR USERS OF THE SERVICES OR SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SERVICES OR SITE AT YOUR SOLE RISK.

TOPBOX hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for non-commercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third party website) without the express prior written consent of TOPBOX. Unless expressly permitted herein, any use of Materials is only permitted with the express written permission of TOPBOX. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.

Idemnification

You agree to indemnify and hold harmless TOPBOX and its affiliates and their respective directors, officers, employees, agents, mandataries or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of the Terms; and (b) your use of the Services or Site including without limitation transmission or placement of information or material by you as related to the Services or Site; and (c) any claim or allegation that your Content infringe the intellectual property or other proprietary rights of any third party.

Termination

TOPBOX may at any time and at its sole discretion restrict or terminate your right to use the Services or Site.

Governing Law

The Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, and in each case the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of the Province of Ontario.

Shipping (U.S.A. Only)

Topbox ships to the continental U.S.A. and Canada only. For orders shipped outside these countries, please email info@topbox.ca or call our Customer Experience line at 1-888-763-9881 (M-F, 9:00am-5:00 pm EDT) and we will do our best to accommodate your request.

Shipping Method Cost Tracking Expected Arrival Customs & Duties* Signature Required

USPS Ground

Free

Yes

5-20 business days; Monday - Friday; 9 am - 5 pm

They're on us! You will not be required to pay any additional fees upon delivery.

Yes

*Customs & Duties as defined in the International Shipping, Handling, Customs & Import Terms & Conditions

U.S.A. Duties & Taxes

Prices displayed on the website are exclusive of State Sales Tax. When you proceed to purchase your order, sales tax will be calculated on the total merchandise value. Shipping is free and Topbox pays any customs and duties charges on your behalf. The price displayed on the Check-Out page is your final charge (exclusive of relevant currency discrepancies as defined in Currency information below).

Topbox orders to the U.S.A. are exclusive of import taxes and duties, and are shipped on a DDP (Delivery Duty Paid) basis, which means that all relevant import taxes and duties are included in the final purchase price. No additional payment will be required when your purchase arrives at your door.

Payment Methods Accepted

We accept Visa, MasterCard, American Express & PayPal. All payments are processed through a secure checkout system provided by Authorize.net, and PayPal payments via PayPal.com.

Currency

Your order will be charged in Canadian Dollars (CAD). (ie. a $25 purchase in Canadian Dollars currently equals $23 USD.) Please note that your issuing bank may charge a small fee to convert currency if you are a resident of the U.S.A., of which Topbox has no control over. By purchasing at Topbox, you accept any additional charges incurred by currency conversion and your bank/credit card.

Changing or amending your order once it has been placed

Before your purchases have been prepared for dispatch we can cancel an item, change the size or edit your shipping details. However, we are unable to combine orders or add pieces to an existing order once it has been placed.

If you need to make any amendments, please call our Customer Experience line at 1-888-763-9881 (M-F, 9:00am-5:00 pm EDT)

Changing your shipping address after it has been dispatched

Once your order has been dispatched, we are unable to redirect your delivery to another address. To avoid any delays in receiving your order, we suggest that you provide a suitable shipping address for the specified delivery times.

General

The Terms constitute the entire agreement between you and TOPBOX with respect to your use of the Services or Site and supercede all previous agreements, understandings and representations relating thereto. No failure by TOPBOX or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of the Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of the Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that the Terms and all related documents be drawn up in English.

QUESTIONS: If you have questions regarding the Terms, please contact us at support@myluxebox.com.

The Terms were last updated on May 1, 2015.