Terms of Service

OVERVIEW

This website is operated by Peapil Publishing Inc. (“Peapil”). Throughout the site, the terms “we”, “us” and “our” refer to Peapil. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us on the site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

AGE REQUIREMENTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents that are at least 13 years old to use this site. Those who do not meet the age requirement are prohibited from using this website.

You represent that the information that you provide about yourself (including your age) as requested in any account registration form (the "Registration Data") is accurate and complete.

If you believe that we might have any information from or about someone who does not meet the age requirements, please contact us at: support@peapil.com.

GENERAL CONDITIONS

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of Services to you.

We reserve the right to refuse Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The website and all aspects thereof, including text, software, code, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, services marks, all other materials, and the composition or compilation thereof (the “content”), including any copyright, trademark or other intellectual property rights in or to any of the foregoing are the property of us or our parents, affiliates or licensors and are protected by copyright, trademark, and other applicable laws.

We grant you a revocable non-exclusive, non-assignable and non-transferable license to display the content only for personal, non-commercial use. You agree not to modify, reproduce, duplicate, republish, copy, sell, resell, create derivative works of, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. Modification of content or use of content for any other purpose is a violation of any applicable copyright or other proprietary rights.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We try to provide helpful and accurate information on this website, but we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Neither the content nor any services offered by or through this website are intended to be relied upon for medical diagnosis or treatment or to replace your relationship with a physician. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy below.

We have made every effort to display as accurately as possible the colors and images of our products. 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 or 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 any time 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 in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at 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 and/or 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, retailers, resellers or distributors.

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.

You agree to be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying us of such use in a timely fashion and taking steps to prevent a further occurrence.

For more detail on returns, please review our Returns Policy below.

RETURNS POLICY

Unless otherwise specified, Peapil, in its capacity as the website owner, is not the entity responsible for returns, refunds, or exchanges. This policy (the “Returns Policy”) only applies to products for which we are responsible for the returns, refunds, or exchanges. All other returns, refunds, or exchanges will be subject to the return policy of the product owner, manufacturer, distributor, or other Third-Party Provider as the case may be. If you are unsure who is responsible for your

requested return, refund, or exchange, please contact: support@peapil.com.

Our goal is for you to love and be 100% satisfied with every product you purchase from us. However, we understand that sometimes a product may not be what you expected or you simply change your mind. If that happens, you have 30 days from when the product is delivered, to return it.

All returned products must be in like-new condition and include all original packaging, parts, inserts, labels and other materials.

To start the returns or exchange process, contact us at: support@peapil.com. Please have your order number handy – this can be found in your Order Confirmation email.

All returned items must be sent in protective packaging to prevent damage during shipping and you will be responsible for any damage to the items on account of insufficient packaging.

We will refund the entire purchase price of the order including taxes (less the original shipping cost). There are no hidden fees or restocking fees.

Once the return has been inspected and approved, your refund will be made to the credit card, PayPal account, or other payment method used to place the order. Please allow up to 14 business days for it to post to your account.

Unless otherwise specified, all products are returnable as long as they are in like-new condition, are not damaged, none of the parts or accessories are missing, and are returned in their original packaging.

Products that have been used up or that has performed its expected number of uses will not be returnable. If an item is not in like-new condition, is damaged, is not returned in its original packaging or there are parts/accessories missing, we reserve the right to do a partial refund or deny the return.

If we suspect a return to be fraudulent, abusive or unduly repetitive, we also reserve the right to deny the return.

If your order arrived damaged or you received the wrong item, the return shipping cost is on us. For all other returns, you are responsible for the cost of shipping the product back to us.

We are happy to do an exchange up to 30 days after delivery – as long as the product has not been used, is not damaged, and is returned in its original packaging. Separate shipping charges may apply.

OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control over nor input.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any information, including any content, personal information, copyrightable materials and any other information that you provide, post or email on or to the website (“user-generated content“) shall be subject to the terms and conditions of these Terms of Service.

If you post user-generated content in a public area of this website, that information will be treated as public, non-personal and non-confidential information. In order to facilitate the posting of this information, whenever you post User Generated Content in a public area of the website, you automatically grant to us a royalty-free, perpetual, irrevocable, assignable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display user-generated content alone or as part of other works in any form, media, or technology, and to sublicense such rights.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or which violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Any unauthorized posting to the website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or civil and criminal statutes, and you will be responsible for any liability arising from such violations. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PRIVACY AND DATA PROTECTION

We are firmly committed to protecting the privacy of personal information. By using the Service, you acknowledge and agree that our collection, usage and disclosure of this personal information is governed by our Privacy Policy [URL Link]. Your submission of personal information through the website and/or store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Due to the large number of email providers and anti-spam software applications, we cannot be responsible for blocked or blacklisted mailings. In addition, configuring email software settings which may block incoming emails are the sole responsibility of the user to adjust in order to receive website mailings.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, virus-free or error-free.

You agree that any material or data downloaded or otherwise obtained through the website is at your own discretion and risk and that you are solely responsible for any damage to your computer system or loss of data that results from such actions.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use. We disclaim any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Because some states or jurisdictions do not allow a disclaimer of all representations, warranties or conditions, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

No advice or information, whether oral or written, obtained by you from us or our parents subsidiaries, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors or through the website shall create any warranty not expressly stated in these Terms of Service. jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

FORCE MAJEURE

We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, server crashes, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the Province of British Columbia without regard to the choice of law principles thereof. Each party hereby irrevocably submits to the exclusive jurisdiction of the court of competent jurisdiction sitting in the Province of British Columbia for the adjudication of any dispute hereunder or in connection herewith or therewith or with any transaction contemplated hereby or thereby, and hereby irrevocably waives any objection that such suit, action or proceeding is brought in an inconvenient forum or that the venue of such suit, action or proceeding is improper. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law.

THIRD-PARTY SERVICES

In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, our partners or other third parties. Before you purchase any products or services through any such third party website, apps, or tools, we urge you to carefully review any such third party's terms of use, including privacy, security, return and guarantee policies.

We may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third-Party Services are made available only as a convenience, and your purchase, access or use of any such Third-Party Services is solely between you and the applicable third-party services provider (“Third-Party Provider”). Any use by you of Third Party Services offered through the Services or our website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them. In some instances, we may receive a revenue share from Third Party Providers that we recommend to you.

We do not provide any warranties with respect to Third Party Services. You acknowledge that we have no control over Third Party Services and shall not be responsible or liable to anyone for such Third-Party Services. The availability of Third Party Services on our websites, or the integration or enabling of such Third-Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us. We do not guarantee the availability of Third Party Services and you acknowledge that we may disable access to any Third-Party Services at any time in our sole discretion and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-Party Service. We strongly recommend that you seek specialist advice before using or relying on Third Party Services to ensure they will meet your needs.

If you install or enable a Third-Party Service for use with the Services, you grant us permission to allow the applicable Third-Party Provider to access your data and to take any other actions as required for the interoperation of the Third-Party Service with the Services, and any exchange of data or other interaction between you and the Third-Party Provider is solely between you and such Third-Party Provider. We are not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service or a Third-Party Provider to your data or other Materials.

Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third-Party Services or your contractual relationship with any Third-Party Provider, including any Expert. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys‘ fees, arising out of your use of a Third-Party Service or your relationship with a Third-Party Provider.

COPYRIGHT NOTICE AND TAKEDOWN PROCEDURE

We respect intellectual property rights and you should too. If we receive a Copyright Notice, we may disable access or remove the allegedly infringing content from our website. If you do not think the claim is valid, you can proceed with a counter notification.

If you believe one of our Third-Party Providers is infringing your intellectual property rights, you can send us a Copyright Notice. We may disable access or remove the content and notify the Third-Party Provider. Be advised that we may post all notices we receive.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions or concerns about the Terms of Service should be sent to us at: support@peapil.com.