Welcome to the online service of THE RED BOX and www.shoptheredbox.com. These terms of use (“Terms”) govern your visit and use of the online services, websites, and/or software provided on or in connection with the service provided by THE RED BOX. By accessing or using The Red Box website and services, you signify that you have read, understood, and agree to be bound by these Terms and to the collection and use of your information as set forth in The Red Box Privacy Policy. These Terms applies to all visitors, users, and others who access the service (“Users”).

USE OF OUR SERVICE

www.shoptheredbox.com is an online marketplace that allows individual users and groups to create custom gifts. By using the Red Box website and service, you understand that (i) you may not be buying directly from The Red Box, but one of the gift providers its website.

ACCOUNTS

The Red Box users create accounts for the purposes of accessing the service, engaging with other users, and making purchases through The Red Box website. When you create an account with us you represent and warrant that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You accept responsibility for any and all activities or actions that occur under your account and/or password.

AGE

We provide surprising, entertaining gifts for people of all ages, but The Red Box does not knowingly collect personally identifiable information from children under the age of thirteen. You must be at least 13 years of age to use The Red Box website and the service. By agreeing to these Terms, You represent and warrant to Us that: (a) You are at least 13 years of age and you understand and agree to these Terms; (b) if you are between the ages of 13 and 17, you represent and warrant that your legal guardian has reviewed and agreed to these Terms; (c) you have not previously been suspended or removed from the Service; and (d) your registration and your use of The Red Box website and service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

PRIVACY

Protecting your private information as you use our service is our priority. The following Statement of Privacy applies to www.shoptheredbox.com and THE RED BOX and governs data collection and usage. For the purposes of the following Privacy Policy, unless otherwise noted, all references to The Red Box include www.shoptheredbox.com and THE RED BOX. By using The Red Box website, you consent to the data practices described in this statement.

Collecting your personal information

During your registration process, The Red Box may collect personally identifiable information, such as your name and email. If you purchase The Red Box products and services, we may also collect from you billing and credit card information, which billing and credit card information are used to complete the purchase transaction. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data directly to others through The Red Box group gifting service, this information may be collected and used by others.

Information about your computer hardware and software may be automatically collected by The Red Box. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of The Red Box website.

We encourage you to review the privacy statements of websites you choose to link to from The Red Box so that you can understand how those websites collect, use and share your information. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies. The Red Box is not responsible for the privacy statements or other content on websites outside of The Red Box website.

Using your personal information

The Red Box collects and uses your personal information to operate its website(s) and deliver the services you have requested. The Red Box may also use your personally identifiable information to inform you of other products or services available from The Red Box and its partners. The Red Box may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

The Red Box may keep track of the websites and pages our users visit within The Red Box. This data is used to deliver customized content and advertising within The Red Box to customers whose behavior indicates that they are interested in a particular subject area.

The Red Box will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Red Box or the site; (b) protect and defend the rights or property of The Red Box; and, (c) act under exigent circumstances to protect the personal safety of users of The Red Box, or the public.

Cookies

www.shoptheredbox.com may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. They cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the The Red Box services or websites you visit.

Analysis Tools

The Red Box uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) and Hotjar, a web site usage analysis tool, provided by Hotjar Ltd, to collect data that helps to improve the functionality of our websites for our customers. By visiting our website you acknowledge that you accept and consent to our privacy practices as well as those of Google Analytics and Hotjar.

About Google Analytics

Google Analytics uses cookies to help analyze user behavior on www.The Red Boxshops.com. The information generated by the cookie (including your IP address) will be transmitted to and stored by Google. This information will be used to evaluate your use of www.The Red Boxshops.com and provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data by Google for the purposes set out above. In addition, The Red Box uses Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, may show advertisements by The Red Box across the web, using first-party cookies (such as the Google Analytics cookie) to inform, optimize, and serve ads based on a customer’s past visits to our website.

Security

The Red Box takes all possible precautions to secure your personal and billing information from unauthorized access, use or disclosure, however we cannot guarantee the ultimate impenetrability of our security measures. You acknowledge that you provide your personal information at your own risk. We do not sell, rent or lease our customer lists to affiliates or unauthorized third parties.

SITE HOSTING

The Red Box uses GoDaddy for its website hosting needs. Should you have any concerns, please contact GoDaddy by visiting their Help Center.

OPT-OUT & UNSUBSCRIBE

The Red Box understands that not every surprise in the mail is a welcome one. We respect your privacy and give you an opportunity to opt-out of receiving newsletters or announcements of certain information. Users may opt-out of receiving any or all communication from The Red Box by contacting us here: info@shoptheredbox.com

PURCHASES AND PAYMENT

If you wish to purchase any product or service made available through the The Red Box website, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction when such charges are incurred.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. You acknowledge that The Red Box is not liable for any breaches of credit card or debit card security or privacy.

We do our best to ensure that the information on our website concerning products availability is true and complete, but we reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

SHIPPING

The Red Box will ship all gifts and products purchased through the website to the address specified in the shipping address section of our online order form. The time period from order to arrival will vary depending on location.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Red Box and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted by you on The Red Box website.

LIMITATION OF LIABILITY

In no event shall The Red Box, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMERS; NO WARRANTIES

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE RED BOX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE RED BOX DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE RED BOX OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

STATEMENT CHANGES

We reserve the right, at our discretion, to change, modify, add, or remove portions from these Terms at any time. If we decide to change our Terms (including the Statement of Privacy) for the site, we will post the revised Terms here so that you will be informed of such changes. Your continued use of the site indicates your assent to the Terms as posted. Please check this page periodically for changes to these Terms.

GOVERNING LAW

These Terms are governed by the laws of the Commonwealth of The Bahamas without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and The Red Box agree to submit to the personal and exclusive jurisdiction of the The Bahamas. We operate the service from our offices in New Provience, and we make no representation that the service offered is appropriate or available for use in other locations.

QUESTIONS OR COMMENTS

The Red Box welcomes your questions or comments regarding these Terms. If you believe that The Red Box has not adhered to these Terms, please contact us.

Our Site is maintained in The Bahamas. By using the site, you authorize the export of personal information and its storage and use as specified in this policy.

EFFECTIVE DATE

These Terms are effective and were last updated on 1st September 2020.