Retail Terms of Service

Agreement

Please review these Chit Chats Retail service terms and conditions ("Retail Terms") in detail. By accessing or using Chit Chats Retail service (“Retail Service”), you agree to be bound by the terms and conditions of these Retail Terms.

By using Chit Chats Retail services, you are agreeing to these terms, which govern your use of our Services. If you do not agree to these terms, you must stop using our Retail Service. In addition, please refer to our Privacy Policy for information on how Chit Chats collects, uses and discloses personally identifiable information from its users.

The term “you” (“your”, “User”, or “Sender”) refers to the person using our Retail Service.

These Retail Terms apply to your access to, and use of, Retail Service of Chit Chats Express, Inc. ("Chit Chats"), at one of our participating retail branches.

You represent and warrant that you are authorized to accept these Retail Terms, and that you agree to indemnify Chit Chats for violations of these terms.

These Retail Terms exempt Chit Chats and others from liability and/or limit our and their liability and contain other important provisions that apply to your use of our Service.

These basic terms apply to your use of Retail Service.

• You must be 18 years or older or at least the age of majority in the jurisdiction where you reside to use Chit Chats.
• Have a current and valid Canadian address.

Changes to Retail Terms of Service

Chit Chats reserves the right to change or modify any of the terms and conditions in these Retail Terms or any policy or guideline of Retail Service, at any time and in its sole discretion.

Any changes or modifications to these Retail Terms will be effective immediately upon posting on the Site (www.chitchats.com/retail-terms), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of Retail Service following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. Therefore, you should frequently review these Retail Terms and applicable policies to understand the terms and conditions that apply to your use our Retail Service. If you do not agree to the changed or modified terms, you must stop using the Retail Service.

Terms and Conditions of Retail Service

All dollar amounts for Retail Service are in Canadian dollars unless otherwise indicated.

Scope of Retail Service

The Retail Service that Chit Chats offers to its users encompasses the following:

1. Economical tracked flat-rate shipping (Includes postage + corrugated box or bubble mailer);
2. $50 default insurance included;
3. No hidden fees, applicable taxes included;
4. 90% coverage in Canada (excludes PO Boxes and rural/remote areas).

*Prices subject to change

Terms of Carriage

We do not transport the goods to the recipient’s address, our partner carriers and/or their third party operators do.

We are not liable for our partner carriers or their third party operator’s failure to make timely delivery, including the delivery time or date specified. Any statement by us as to the probable time or date of delivery by the carrier is an estimate only, and is not warranted in any manner.

We are not liable for any consequential, incidental or punitive damages, or any loss or damage resulting from delays in shipping or delivery. We assume no liability for the delivery of the goods accepted for shipment or for loss or damage by any cause to the goods or its contents while in transit beyond the $50 insurance coverage.

Right of Inspection

Without notice, Chit Chats, and our carrier partners may, at our sole discretion, open and inspect any goods and its contents at any time. Chit Chats reserves the right to open and inspect any goods tendered to it for transportation, but is not obligated to do so.

You expressly agree to waive any right to refunds for goods rejected by Chit Chats, our carrier partners, or governmental authorities, and you expressly agree that the rejected goods, due to being prohibited items or carrier restrictions, may be confiscated or destroyed without any compensation.

Undeliverable Goods

Chit Chats shall use reasonable efforts to gather and return undeliverable and unclaimed goods to you. In case of return of undeliverable and unclaimed goods, you are not entitled to reimbursement of the price paid to send the goods nor any fees charged associated with the goods. If you expressly opt not to have the undeliverable and unclaimed goods returned or refuse to pay the costs for the return and/or the storage of these goods, you expressly authorize Chit Chats to dispose of these goods in whichever manner it considers appropriate (including the destruction or donation of your goods) without incurring any liability whatsoever to Chit Chats or anyone else.

Refusal of Service

Chit Chats reserves the right to refuse to provide service, intercept, hold or return of any goods for any reason, including but not limited to:

1. For any goods deemed improperly or insecurely packed or wrapped or labeled;
2. Chit Chats, in its sole discretion, determines that it is unsafe or economically or operationally impracticable to provide service;
3. Chit Chats, in its sole discretion, determines that its services are being used in violation of federal, provincial, or local law, or for fraudulent purposes; and
4. When the person or entity responsible for payment is not in good standing.

Right of Disposal of Damaged Packages and Unidentifiable Packages

Chit Chats reserves the right to, without prior notice, dispose of damaged contents of goods, or damaged goods and its entire contents if, at Chit Chats' sole discretion, the contents or packaging may cause harm to any Chit Chats employee, the public, or damage to other goods, Chit Chats equipment or facilities.

Chit Chats also reserves the right to, without prior notice, dispose of goods and its entire contents if, at Chit Chats’ sole discretion, the goods cannot be identified through the Sender information you provided.

In case of disposal of damaged and unidentifiable packages, you are not entitled to reimbursement of the price paid to send the goods nor any fees charged associated with the goods, including but not limited to, postage fee, insurance and any other applicable fees. You expressly authorize Chit Chats to dispose of these goods in whichever manner it considers appropriate (including the destruction of your goods) without incurring any liability whatsoever to Chit Chats or anyone else.

Delayed Shipments

We will make our best effort to deliver your goods according to our regular delivery schedules. We nor our carriers or their agents are liable for any losses or damages caused by delays, even if they are at fault, in picking up, transporting (including delays caused by diversions), or delivering a shipment.

Circumstances Beyond Our Control

We are not liable if goods are lost, misdelivered, damaged, or delayed because of circumstances beyond our control. These circumstances include: terrorist activity; strikes; labor actions; an "act of God," for example an earthquake, cyclone, storm, or flood; "force majeure," for example war, plane crash, any defect or characteristic to do with the nature of the shipment, even if known to us when we accepted it; or any action or omission by anyone outside our carriers, or their agents, for example the sender of the shipment, the recipient, or an interested third party, government officials, or other carriers or third parties whom we contract to deliver to destinations that we do not serve directly. We are not liable even if you, the sender, did not ask for or know about a third-party delivery. We are also not liable for electrical or magnetic damage to, or erasure of, electronic or photographic images or recordings.

Consequential Damages

We are not liable for the following, whether they arise in contract or any other form of civil action, including negligence, and even if they are our fault: consequential or special damages or loss; other indirect loss; or breach of other contracts. Consequential damage or loss includes but is not limited to loss of income, profit, interest, markets, and use of contents.

Shipment Compliance

By using Chit Chats services you are agreeing to these terms and conditions. List of the rules and regulations to which Chit Chats and its users must strictly adhere are, including but not limited to,

• the sender is responsible for all aspects of your goods shipped and ensuring full compliance with the terms of Shipment Compliance.
• providing Chit Chats with current and accurate contact information, including your personal full legal name, telephone number or email address, and accurate recipient mailing address.

Prohibited Items and Carrier Restrictions

Chit Chats offers the Shipment Compliance, Prohibited Items and Carrier Restrictions lists as a reference only, we make no assurances it is up to date or accurate. It is your responsibility to ensure your compliance with all applicable laws, rules and regulations, including but not limited to, government regulations.

Below are some common examples of the items which are prohibited.

• Any goods having value of more than $2,500
• Alcohol
• Ammunition
• Animal skeletons/carcasses
• Artwork
• Cannabis
• Chemical aerosols
• Chemical paint lifters
• Clinical strength deodorant/antiperspirant
• Currency, negotiable instruments (except cheques and money orders)
• Dangerous goods
• Drug paraphernalia
• Endangered animal furs/products
• Firearms, ammunition and weapons/parts of any kind
• Fireworks
• Hazardous waste
• Human remains in any form
• Knockoffs/copyright violations
• Lighters
• Liquids
• Lithium batteries
• Live animals, birds and insects
• Narcotics
• Produce
• Products with safety issues/alerts

False Statements and Right to Inspect: The submission of a false, fictitious, unlawful or fraudulent statement may result in fines and/or imprisonment depending on the nature of the violation.

In the event of false, fictitious, unlawful or fraudulent action, neither the postage fee nor any other fees incurred through Chit Chats will be refunded to you. Furthermore, you expressly authorize Chit Chats to dispose of these goods in whichever manner it considers appropriate (including the destruction of your goods) without incurring any liability whatsoever to Chit Chats or anyone else. Any insurance coverage purchased for these goods shall become null and void and Chit Chats will not reimburse you for any expenses related to the goods, including but not limited to postage or other transportation costs.

YOU EXPRESSLY ASSUME ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR EXPENSE, INCLUDING BUT NOT LIMITED TO, FINES AND PENALTIES, IF YOU FAIL TO COMPLY WITH ANY LAWS, RULES OR REGULATIONS.

Cannabis

Chit Chats is not authorized to carry any cannabis or cannabis-derived products. Carriage of cannabis or cannabis-derived products through Canada requires Proof of Age, a service that Chit Chats does not offer.

Dangerous goods

Chit Chats does not accept dangerous goods shipments from its senders. Sending shipments containing undeclared dangerous goods is a serious violation of hazardous materials regulations. Non-compliance with these regulations is a criminal offense that has the potential for both monetary fines and/or imprisonment

There are several agencies that could levy fines against companies sending shipments containing undeclared dangerous goods, including but not limited to, Transport Canada.

Any undeclared dangerous goods shipments from you that are introduced into Chit Chats network will be immediately reported to the regulatory authorities. There will not be any reimbursement of shipping charges related to such shipments and you or your company will be responsible for all penalties imposed for these shipments.

YOU EXPRESSLY ASSUME ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR EXPENSE, INCLUDING BUT NOT LIMITED TO, FINES AND PENALTIES, IF YOU FAIL TO COMPLY WITH ANY LAWS, RULES OR REGULATIONS.

YOU EXPRESSLY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHIT CHATS, ITS AFFILIATED COMPANIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ALL CLAIM, DEMANDS, EXPENSES (INCLUDING REASONABLE ATTORNEY’S AND CONSULTANTS’ FEES), LIABILITIES, CAUSES OF ACTION, INVESTIGATIONS, ENFORCEMENT PROCEDURES, AND SUITS OF ANY KIND OR NATURE BROUGHT BY GOVERNMENT AGENCY OR ANY OTHER PERSON OR ENTITY ARISING FROM OR RELATING TO THE HANDLING OF TRANSPORTATION OF A DANGEROUS GOODS, FROM YOUR BREACH OF THESE TERMS, FROM ANY ACT OR OMMISSION BY YOU RELATING TO THESE TERMS, OR FROM YOUR NON-COMPLIANCE WITH GOVERNMENTAL LAWS OR REGULATIONS APPLICABLE TO THE TRANSPORTATION OF DANGEROUS GOODS WHETHER SUCH ACTION IS BROUGHT BY GOVERNMENTAL AGENCY OR ANY OTHER PERSON OR AGENCY. UNDER NO CIRCUMSTANCES SHALL CHIT CHATS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE TRANSPORTATION OF DANGEROUS GOODS. YOU FURTHER REPRESENT AND WARRANT THAT YOUR INDEMNIFICATION OF CHIT CHATS WILL APPLY REGARDLESS OF HOW ANY GOVERNMENT AUTHORITIES MAY SEPARATELY ASSIGN LIABILITY FOR ANY INCIDENT, AND REGARDLESS OF THE PARTY THAT ANY GOVERNMENT AUTHORITY MAY IDENTIFY 'MAILER' OR 'SHIPPER'.

Accuracy of your information

Chit Chats relies on the information you provide, including sender information (name, phone number, addresses or email address among others) which must be current, true and complete. You will be solely responsible and liable for any loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information.

Chit Chats may, at its sole discretion, refuse to accept shipments if the contact details are questionable.

Fees and Charges

*Rates subject to change without notice.

Pricing information

Rates and service quotations by Chit Chats are based upon information you provide, but final rates and service may vary based upon the shipment actually tendered and the application of these Retail Terms. Except as otherwise provided above, any conflict or inconsistency between Chit Chats and other written or oral statements concerning the rates, features of service, and terms applicable to Retail Service and any will be controlled by Chit Chats, as modified, amended or supplemented.

Price quotes

Chit Chats strives to provide accurate pricing information regarding the services and products available. We cannot, however, insure against pricing errors. Chit Chats reserves the right, at its sole discretion, to not process or to cancel any requests placed for a product or service, including but not limited to, whose price was incorrectly quoted or charged as a result of an error or error due to incorrectly declared weight and size of the goods. The price quotes, if provided, may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. If this occurs, Chit Chats will notify you by the contact information you provided. In addition, Chit Chats reserves the right, at its sole discretion, to correct any error in the price provided, including but not limited to, receiving correct payment in full before shipping your goods.

Postage Address Validation

It is your responsibility to ensure the information entered for each of your shipments is complete and correct, including sender and recipient information.

*Retail Service excludes delivery to PO Boxes and rural/remote areas, including PO Boxes disguised as a street address.

Fees

1. In consideration for the use of the Retail Service, you agree to pay to Chit Chats a fee for each transaction initiated by you at the applicable rate then in effect (the “Fee”). The applicable fees for your transaction will be provided to you prior to processing payment. Amount of the shipping transaction and other charges (“Shipping Fee”) required to complete a shipping transaction are due and payable before Chit Chats accepts your goods for delivery;
2. Chit Chats reserves the right to change its prices, fees and charges associated with the Retail Service at any time and from time to time without any notice or any liability to you or any other person. Chit Chats reserves the right to limit the principal amount of a shipping transaction. Chit Chats also reserves the right at any time to reject, cancel or terminate any shipping transaction;
3. Each time you use our Retail Service you agree that Chit Chats is authorized to charge an amount of the shipping transaction and other charges required to complete a shipping transaction with Chit Chats. You acknowledge and agree that: (a) your agreement with your method of payment issuer governs use of that method of payment, and you must refer to that agreement to ascertain your rights and liabilities when using that method of payment, including any additional charges or fees applied by your method of payment issuer; (b) you are responsible for any additional charges or fees applied by your method of payment issuer to you to use Retail Service; and (c) you are responsible for checking your method of payment issuer account information, such as account balances and statements; and
4. You acknowledge and agree that Chit Chats does not verify any information about, and is not otherwise responsible for, the recipient of a shipping transaction or other services.

Rounding Measurements Shipment

Some goods’ weight must be rounded up to the next ounce, whole pound or kilogram subject to the carriers pricing structure. The goods’ dimensions must be rounded up to the closest whole inch or centimeter subject to the carrier pricing structure.

Chargeback

Chit Chats reserves the right, at its sole discretion, under any applicable law, to correct any error in the stated price, including but not limited to, applying chargeback for current and past error. Any discrepancies in the above will be corrected with charge appropriate for any shortfall (“chargeback”). FURTHERMORE, IN THE EVENT CHIT CHATS DETERMINES CHARGEBACK IS VALID AND NECESSARY, YOU EXPRESSLY AGREE CHIT CHATS CAN APPLY CHARGEBACK TO YOU, IN THE FORM OF ADDITIONAL CHARGES, INCLUDING RETROACTIVELY, TO RECOVER IN FULL, IF A PRICE DISCREPANCY OCCURRED DUE TO,

1. you submitting inaccurate weight and dimensions of your shipment, which caused you to be undercharged;
2. billing error which caused you to be undercharged;
3. human errors which caused you to be undercharged; and
4. inaccurate pricing applied to your shipment, including but not limited to, pricing errors caused by Chit Chats, which caused you to be undercharged.

In the event Chit Chats determines chargeback is necessary, one or more of the following steps may occur, we will,

1. send email notification to you;
2. withhold our services temporarily;
3. you may be subject to late payment charges, suspensions or permanent termination if the chargeback is not reconciled in a timely manner; and
4. charge you, without any further notice, a default interest, administrative fee and/or compensation for recovery costs. The compensation for recovery costs shall be charged to you according to Chit Chats, without prejudice to the right of Chit Chats to be indemnified for any additional costs such as attorney fees and debt collection agency fees.

Default of Payment

In case of default of payment (e.g. in case of invalid or fraudulent payment dispute), Chit Chats shall charge you, without any further notice, a default interest, administrative fee and/or compensation for recovery costs. The compensation for recovery costs shall be charged to you according to Chit Chats, without prejudice to the right of Chit Chats to be indemnified for any additional costs such as attorney fees and debt collection agency fees. In order to ensure Chit Chats against non-payment, you acknowledge that Chit Chats shall have a lien on all goods handed over to Chit Chats and which is in the possession of Chit Chats and authorizes expressly the latter, in whatever way Chit Chats considers appropriate, to retain the goods until complete payment of any sum due by you and/or to sell or to withhold the goods in order to recover the sums due by you. In any case, Chit Chats has the right to shorten the payment term or to ask you to pay immediately without giving a reason.

Administrative Fees

For requests or incidents falling outside of the outlined scope of service and thereby result in a cost to Chit Chats, Chit Chats reserves the right to charge you a corresponding Administrative Fee to negate or diminish the cost incurred.

Handling Fees for Restricted Goods and Misdeclaration

You expressly consent Chit Chats to charge you CAD $500 administrative fee, at any time at Chit Chats' sole discretion, per each instance, on top of any Canadian authority’s regulatory fines before the release of your goods for any restricted goods shipped, misdeclaration or any other information that Canadian authorities and our carrier partners deem unacceptable.

Chit Chats reserves the right, without notice and in its sole discretion and without any cost, to dispose of these goods in whichever manner it considers appropriate (including the destruction of your goods) without incurring any liability whatsoever to Chit Chats or anyone else, to terminate your use of Chit Chats service, and prevent your future access to and use of our services, if Chit Chats discovers an attempt to ship a restricted item, discrepancies between the actual goods weight or misdeclaration of value or any other information that authorities and carrier partners deem unacceptable.

Returned Goods and Fees

Upon receiving your returned goods at Chit Chats’ facility, we will notify you via email or phone. It is your responsibility to ensure that your contact information is accurate when providing sender information.

Estimated timeline for returns are approximately 2-3 weeks. However there are times when returned goods may experience delays.

Upon notifying you of your returned goods, Chit Chats will hold your returned goods for maximum fifteen (15) days. In the event that your returned goods are refused by you, or the 15 days expires, you expressly authorize Chit Chats to dispose of these goods, in whichever manner it considers appropriate (including the destruction or donation of your goods) without incurring any liability whatsoever to Chit Chats or anyone else.

A $5 returns fee will be applied for returns due to invalid addresses entered by the sender, including addresses that were shipped to PO Boxes disguised as a street address. Defaulting on your returns fee will bar you from using Chit Chats services. Further, you expressly authorize Chit Chats to dispose of these goods, in whichever manner it considers appropriate (including the destruction or donation of your goods) without incurring any liability whatsoever to Chit Chats or anyone else.

Loss or Damage Claims

If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition – in which instance no claims will be accepted.

You may file a claim for loss or damages if:

• your goods have not been delivered after 30 days (eg, No carrier-delivery confirmation);
• your goods are lost or damaged;
• your claim is initiated within 60 days of the original postage purchase date;
• You have the original receipt.

If you qualify to make a claim, please submit your claim at the Chit Chats Retail Service location you originally shipped.

Limited Insurance and Refund Policy

Chit Chats’ Retail Service insurance coverage includes a maximum claims amount of $50 per shipment. The $50 coverage includes the value of the goods, postage and delivery costs against loss, damage, that occurs while in transit with Chit Chats or its partner carriers.

You agree that Chit Chats will not, under any circumstances, be liable for loss of or damage to any goods above the $50 insurance coverage and, you agree to waive any right to refunds for lost or damaged goods due to invalid addresses.

• Refund will be applied for a returned shipment with valid addresses which are not PO Boxes or rural addresses.
• No refunds for returns due to invalid addresses entered by the sender, including addresses that were shipped to PO Boxes disguised as a street address.
• No refund for returns after two failed delivery attempts, including for valid addresses.

Refunds are also dependent on verification by the carrier that the postage has not yet been used. This may result in a delay between the request for a refund and the approval of that refund. All approved refunds will result in a refund of credits back to the original payment method used.

In the event Chit Chats becomes liable to you for loss or damage, in no event shall the aggregate liability to Chit Chats for any and all claims exceed the actual amount of revenue Chit Chats earned on your product purchase.

Uninsurable - General

Goods that are not covered by Retail Insurance include, but not limited to, prohibited items, restricted goods, perishable cargo, cannabis and dangerous goods.

General

These Retail Terms constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates and you with respect to this subject matter.

Notwithstanding the foregoing, if you and Chit Chats agree to a written services agreement and such agreement expressly overrides these Retail Terms, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Retail Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Retail Terms, and the remainder of these Retail Terms shall continue in full force and effect.

No waiver of or consent to depart from the requirements of any provision of these Retail Terms will be binding unless it is in writing and signed by Chit Chats. You and Chit Chats are independent, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Retail Terms.

The provisions of these Retail Terms will ensure to the benefit of and be binding upon you and Chit Chats and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Retail Terms or your rights and obligations under these Retail Terms without our express prior written consent, which may be withheld in our sole discretion. Chit Chats may assign these Retail Terms and our respective rights and obligations under these Retail Terms without your consent.

Extent of our liability

We make no warranties, express or implied. You agree that Chit Chats will not, under any circumstances, be liable for loss of or damage above and beyond the $50 insurance coverage to any good. In the event Chit Chats becomes liable to you for loss or damage, in no event shall the aggregate liability to Chit Chats for any and all claims exceed the actual amount of revenue Chit Chats earned on your product purcha

Indemnification

You agree to defend, indemnify and hold harmless Chit Chats, its officers, directors, owners, employees, agents, affiliates, carriers, licensors and representatives (collectively, “Indemnitee”), against all liability, demands, claims, costs, losses, damages (whether indirect, direct, incidental, punitive, consequential, special, exemplary or otherwise), recoveries, settlements, and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) incurred by Indemnitee (collectively, “Losses’), known or unknown, contingent or otherwise, directly or indirectly arising from or related to your participation in business with Chit Chats under these Retail Terms.

The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by expiration of time, by operation of law or otherwise.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY CHIT CHATS, THE RETAIL SERVICE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHIT CHATS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. CHIT CHATS DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, CHIT CHATS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Limitation of Liability

NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE RETAIL TERMS, IN NO EVENT WILL CHIT CHATS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE RETAIL SERVICE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, ANY CONTENT OR MATERIALS CONTAINED IN, PURCHASED THROUGH OR ACCESSED THROUGH CHIT CHATS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CHIT CHATS OR ITS CARRIERS, SUPPLIERS OR MERCHANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHIT CHATS' OR ANY USER’S RECORDS, PROGRAMS OR SERVICES.

NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN THE EVENT THAT CHIT CHATS BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHIT CHATS FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OR FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE ACTUAL AMOUNT OF REVENUE CHIT CHATS EARNED ON YOUR PRODUCT PURCHASE.

Without limiting the generality of any limitation of any liability or limitation of warranty in these Retail Terms of Service, Chit Chats will not be liable for any intellectual property, product or service provided by any carrier or supplier, including but not limited to any warranty or manufacturing defect.

Limitation of Time

You agree that you will not bring a claim under these Retail Terms more than eighteen months (18) from when your claim arises.

Arbitration

All disputes arising out of or in connection with these Retail Terms of Service will be referred to and finally resolved by arbitration under the rules of the Vancouver International Arbitration Centre. The appointing authority will be the Canadian Arbitration Association. The case will be administered by the Vancouver International Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English.

Applicable Law and Venue

These Retail Terms and your use of the Site and Retail Service shall be governed by and construed in accordance with the laws of the Province of British Columbia and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of British Columbia, Canada without regard to its conflict of law provisions.

Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to these Retail Terms shall be filed only in the provincial and federal courts located in Vancouver, British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Retail Terms or your use of the Site and Retail Service.

Notwithstanding any of these Retail Terms, you agree that Chit Chats shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Waiver of Jury Trial and Class Action Rights

To the extent permitted by law, and subject to the mandatory arbitration PROVISION, you acknowledge, agree and understand that, with respect to any dispute with Chit Chats, respective officers, directors, employees or agents, arising out of or relating to these Terms of Service: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.

Interpretation

Words importing the singular numbers included the plural and vice-versa; words importing the masculine gender included the feminine and neuter genders. The headings and other captions in these Retail Terms are for convenience and reference only and are not to be construed in any way as additional or limitations of the covenants and agreements contained in the Terms of Service.

Entire Agreement

These Retail Terms of Service represent the entire understanding and agreement between you and Chit Chats regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.

Waiver

You agree that if Chit Chats does not exercise or enforce any legal right or remedy which is contained in these Retail Terms (or which Chit Chats has the benefit of under any applicable law), this will not be taken to be a formal waiver of Chit Chats' rights and that those rights or remedies will still be available to Chit Chats.

Survival

All covenants, agreements, representations and warranties made in these Retail Terms shall survive your acceptance of these Retail Terms and the termination of these Retail Terms.

Severability

If any provision of these Retail Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Retail Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

If you have any questions regarding the use of the Retail Service, please direct your inquiries to the service agents at the Retail location you originally shipped from.