Terms & Conditions

Welcome to Blume and our Terms of Use (the “Agreement”).  

 

By accessing or using the website, or blog (collectively, the “Site”) provided by Blume, including www.meetblume.com, you agree to be bound be the terms and conditions in this Agreement and other terms incorporated herein by reference. This Agreement applies to all users of the Site.

 

The website www.meetblume.com is a subscription based marketplace platform for services performed by its users. The following terms and conditions are the Terms of Use for our website: www.meetblume.com (the “Site) made available by ElleBoxCo Incorporated (“Blume”, “we”, “us” or “our”), and govern your access to and use of the Site, including any content, functionality and services offered on or through the Site.

 

Please read the Terms of Use carefully before you start to use the Site. By using the Site, or subscribing for our Services, you accept and agree to be bound and abide by these Terms of Use and our privacy policy, found at https://www.meetblume.com/pages/privacy  (the “Privacy Policy”), incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. Blume reserves the right, at our sole discretion, to revise these Terms of Use at any time by updating this posting. You are encouraged to review these Terms of Use each time you use the Site because we may modify these Terms of Use at any time and your use of the Site after the posting of changes will constitute your acceptance of the changes. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

 

1. Use of the Site. You may use the Site solely for your non-commercial and limited personal use, in compliance with these Terms and Conditions, and for no other purposes. By using the Site, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Services are not intended for persons under 13. If you are under 13 years of age, please do not use the Services. We reserve the right, in our sole discretion and without notice to you, to revise the Products and Services available on the Site and to change, suspend or discontinue any aspect of the Site, and we will not be liable to you or to any third party for doing so. We may impose rules for and/or limits on your use of the Site or restrict your access to part, or all, of the Site without notice or penalty. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Blume. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Blume. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.

 

All Members (as defined below) are prohibited from using the Site for any of the following purposes:

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
• Posting any information which is untrue, inaccurate or not your own;
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
• Attempting to interfere in any way with the Site’s or Blume’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; or
• Using the Site to drop ship merchandise to third parties. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.

 

2. Registration and Passwords. In order to access certain Services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided must be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access to the Site at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

 

 

3. Membership. The Site is available to registered and unregistered users who are 13 years old and older and who have not been suspended or removed by Blume. for any reason (each a “Member”). We reserve the right to revoke, at our sole discretion, your ability to access the Products and Services offered on the Site for any reason at any time, including as a result of a violation of these Terms of Use or the Privacy Policy, without notice. Membership is void where prohibited by law.

 

4. Fraud Protection. As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right, at our sole discretion, to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right, at our sole discretion, to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

 

5. Services. Blume:

• Offers customized subscription boxes (collectively, the “Subscription Packages”) to customers, each of which contain various period products and self-care products including, but not limited to:
• Pads & Tampons
• Face Wash, Blemish Treatment, Essential Oils, Deodorant (collectively, the “Products”)
• Facilitates the delivery of Subscription Packages to its customers (collectively, the “Services”).

 

6. The Subscription Contract Between You And Us.

When you purchase a Recurring Subscription, you will be asked to select deliveries on a monthly basis, or quarterly basis (every three months, though not necessarily totaling four deliveries per calendar year, because your Subscription may not follow a calendar-quarter schedule, and, therefore, the term “quarterly” as used herein does not refer to calendar quarters).  Recurring Subscriptions commence on the date that you submit your first purchase order, and deliveries shall be made every month, every other month, or every three months, on approximately the same day of the month in which you submit such order.

Recurring Subscriptions are automatically renewed on a monthly or quarterly basis, as applicable.

By purchasing a Recurring Subscription, you agree and acknowledge that your Subscription has an initial and recurring payment charge at the then-current Subscription rate, you agree that Blume may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide notice to Blume that you wish to cancel your Subscription or to change your payment method. You further accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Blume after the expiration date of your payment card.

Members may cancel their Recurring Subscriptions at any time by logging into their accounts and following the cancellation procedures, or by emailing us at hi@meetblume.com.  If you cancel, you may use your subscription until the end of your then-current subscription term.

Blume reserves the right to change or discontinue Recurring Subscriptions at our discretion. We may make these changes at any time, with or without notice. Your continued participation in a Recurring Subscription will constitute your acceptance of this Agreement including the automatic renewal provisions above.

 

7. Product Information; Limitation on Quantities. Excluding any content that may be submitted by Members from time to time and any content accessible via any linked site, we strive to ensure that the information on the Site is complete and reliable. However, certain information may contain pricing errors, typographical errors or inaccuracies which we may correct without liability. We reserve the right, at our sole discretion, to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all Products described on our Site will be available.

 

8. Proprietary Rights. You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Blume or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All of our Site's content is Copyright 2018 Blume. All rights reserved. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms of Use are reserved by Blume.

 

9. Submitted Content. By submitting or posting any materials or content on the Site (including any and all reviews), you grant Blume a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby waive any authors’ moral rights that you may have under any Copyright law or other legislation or the common law, in each case, in favor of Blume. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Blume the license specified above or to waive in favor of Blume as specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous, privacy-invasive or otherwise unlawful, abusive or obscene material. Blume will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

 

10. General Disclaimers. You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, BLUME DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THAT THE PRODUCTS DELIVERED AS PART OF THE SERVICES WILL BE FREE OF DEFECTS. Blume makes no warranties of any kind regarding any non-Blume. sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Blume makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Blume sites. Blume does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

 

11. Disclaimer –No Professional Advice. Any information provided by us regarding the Products or otherwise (e.g. product descriptions, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

 

12. Indemnification. You agree to indemnify, hold harmless, and defend Blume, its affiliates, and each of their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including reasonable legal fees, in any way arising from or related to your use of the Site, your violation of these Terms of Use or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.
13. Limitation of Liability. IN NO EVENT SHALL BLUME, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF BLUME HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF BLUME, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO BLUME IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH SUCH LIABILITY AROSE. YOU AGREE THAT BLUME SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU CONSUMING OR USING THE PRODUCTS PROVIDED IN THE SUBSCRIPTION PACKAGES, INCLUDING ANY RESULTING ILLNESS FROM QUALITY OF FOOD PRODUCTS OR CONSUMPTION OF FOOD PRODUCTS. You hereby acknowledge that the preceding paragraphs shall apply to all content, Products and Services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
14. International Use. We control and operate the Site and our Services from Canada. We make no representation that the Site or Services are appropriate or available for use outside of Canada. If you choose to access this Site from outside of Canada, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Risk of Loss. Our Subscription Packages contain various Products. When you purchase a Subscription Package by subscribing for our Services on our Site, any Products delivered to you will be shipped by a third party carrier. As a result, title and risk of loss for such Products will pass to you upon our delivery to the carrier.
16. Severability. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
17. Waiver; Remedies. The failure of Blume to partially or fully exercise any rights or the waiver of Blume of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Blume or be deemed a waiver by Blume of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Blume under these Terms of Use and any other applicable agreement between you and Blume shall be cumulative, and the exercise of any such right or remedy shall not limit Blume’s right to exercise any other right or remedy.
18. Governing Law. These Terms of Use shall be governed by the laws of the Province of British Columbia. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN VANCOUVER, BRITISH COLUMBIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SITE. Questions: Should you have any questions regarding these Terms of Use you may contact us at hi@meetblume.