Thank you for using Alvin's Club! These Terms of Use ("Terms") set forth the rules and restrictions that govern your use of the Alvin's Club website and mobile application ("Alvin's Club"), all services and offerings provided through Alvin's Club, and your purchase of our products ("Products") available to club members (collectively, the "Services").
These Terms of Service ("ToS") constitute a legal agreement between the user of our products and services ("user" or "you") and the Company ("We"). It applies when a user downloads, installs and uses or visits Alvin's club available for download in the Google Play Store and AppStore, and/or the services provided through the App. We prepared these ToS to help explain the terms that apply to your use of the Service.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR PLACE ORDERS FOR ANY PRODUCTS.
1.1 By using the Services and purchasing Products, you are entering into these Terms with Alvin's Club(Echooo E-Commerce Canada Ltd.) In these terms, Alvin's Club(Echooo E-Commerce Canada Ltd.) is referred to as "we" or "us." Users of Alvin's Club and purchasers of Products are referred to as "you."
1.2 When you place an order for one or more Products through Alvin's Club ("Order"), we are responsible for fulfilling your Order, providing the Products, and offering any necessary post-sale services. Additionally, our affiliates provide technical and operational support for Alvin's Club.
1.3 Your use of certain Services and participation in specific activities may be subject to additional policies, rules, or terms that we may publish from time to time ("Policies"), including our Privacy Policy. These Policies are expressly incorporated into these Terms by reference. If any inconsistency arises between the Terms and the Policies, the Policies shall govern with respect to the relevant subject matter.
1.4 Please note that section below contains provisions governing the resolution of disputes between you and us, including, but not limited to, disputes arising before the effective date of these terms. Includes an agreement to arbitrate, which requires that all disputes between you and us, with limited exceptions, be resolved through binding arbitration. Unless you opt out of the agreement to arbitrate within 30 days of the effective date of the agreement:
(1) both parties waive the right to bring disputes or claims as a plaintiff or class member in any class or representative action or proceeding;
(2) each party waives the right to a jury trial or to pursue disputes or claims in a court of law. Additional rights may apply in certain countries, and certain provisions of the arbitration agreement may not be applicable as required by law.
1.5 Please be aware that these terms may be changed at any time at our sole discretion. When changes are made, a revised copy of the Terms and any updated Policies will be made available through Alvin's Club. The "Last Updated" date at the top of the Terms will also be revised. All users of the Services will be subject to the updated Terms immediately, except for material changes that will be effective for existing users after thirty (30) days of posting. You may be required to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any changes after receiving notice, you must discontinue using the Services. Otherwise, your continued use of the Services indicates your acceptance of the updated Terms.
2.1 In order to access certain features of the Services and place Orders for Products, you must create an account with Alvin's Club ("Account"). When creating an Account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You are responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account.
2.2 You must be at least sixteen(16) years old to create an Account and use the Services. If you are under 18 years old, you may use the Services only with the involvement and consent of a parent or legal guardian.
2.3 You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We reserve the right to suspend or terminate your Account at any time and for any reason, without liability to you.
2.4 You must refrain from selecting a username that infringes on others' rights or impersonates individuals. Account transfer is prohibited without prior written authorization. You must not create or use an Account if you've been permanently banned from our Services. Sharing your Account or password is forbidden, and any unauthorized use must be promptly reported. Additionally, you agree to exit your Account at the end of each session.
3.1 When placing an Order for Products through Alvin's Club, you agree to provide accurate and complete information regarding the Products, quantity, delivery address, and payment details. By submitting an Order, you make an offer to purchase the Products at the specified price, subject to these Terms.
3.2 All prices displayed on Alvin's Club are in the specified currency and inclusive of applicable taxes, unless otherwise stated. Shipping and handling fees may apply and will be indicated during the checkout process.
3.3 Payment for Orders must be made through the designated payment methods provided by Alvin's Club. You represent and warrant that you are authorized to use the selected payment method and that all information provided is accurate and complete.
3.4 We reserve the right to reject or cancel any Order at any time for various reasons, including but not limited to product availability, errors in pricing or product descriptions, or suspected fraudulent activity. In the event of cancellation, we will notify you and provide a refund for any payments made.
3.5 Your payment obligations are fully fulfilled once your payment of the agreed price is received.
3.6 You as a Buyer agrees and guarantees to provide us with the true and valid name, the serial number on Identity Card and contact details of the Buyer, for the purpose of timely communication in case of any irregularity arising from the entry of a parcel into the warehouse. In the meantime, you shall ensure the information provided by you for the purpose of receipt of goods (e.g. the recipient’s name and address) to be accurate and complete. We does not accept any responsibility for a failure to make delivery or a wrong delivery caused by any erroneous or illegible information provided by the you as a buyer. In case it is necessary to handle any procedures of customs clearance and declaration in relation to those import goods which are to enter the country or territory where the Buyer is located, you as the Buyer hereby authorizes platform and Logistics Service Provider to make declaration in the name of you and pay import duties on behalf of you as statutorily stipulated.
4.1 Some rewards may only be used for discounts on or payment for eligible purchases on or through Alvin's Club (but note that not all Products may be eligible) and cannot be redeemed for cash, except in jurisdictions where required by law.
4.2 You should read carefully the information and applicable rules regarding different kinds of rewards. Make sure to understand how each type of reward can be earned, used, and redeemed within the Alvin's Club platform.
5.1 Before utilizing our Services, you affirm that you are at least sixteen (16) years old and legally competent to enter into binding agreements. While Alvin's Club may feature products suitable for children, it's important to note that these items are primarily marketed to adults. Some products may have age restrictions or may be intended for "mature audiences" only.
By purchasing such products, you certify that you meet the age requirements for their acquisition. It's worth mentioning that Alvin's Club disclaims any responsibility for third-party content that users may perceive as offensive, indecent, or objectionable.
5.2 Prohibited Users and Usage: You are prohibited from using our Services if:
(a) You lack the capacity to enter into a binding contract;
(b) You reside in a country subject to trade embargoes;
(c) You are listed on any government agency's roster of restricted individuals or entities;
(d) You have been banned from using our Services at our discretion.
Your use of the Services must be personal and comply with these Terms, the Policies, and all applicable laws and regulations. If any local laws prohibit your use of the Services, you are not authorized to access or use them. We bear no responsibility for any illegal use of the Services on your part.
You are solely responsible for all activities associated with your account. Therefore, it's imperative to safeguard your account and password and refrain from sharing them with any third party. Notify us immediately of any unauthorized use or security breach related to your account.
Creating multiple accounts is prohibited to maintain fairness and integrity within our platform.
Any Promotions offered through the Services may be subject to separate rules. If these rules conflict with the Terms, the promotion rules shall prevail.
When using the Services, you agree not to engage in any actions or provide User Submissions that may:
Our Privacy Policy outlines how we collect, utilize, and disclose your personal information when you access or use our Services. By using our Services, you acknowledge and agree that we may collect, access, use, preserve, and disclose your personal information, including account and user details, as outlined in our Privacy Policy. By accepting these Terms, you are bound by the provisions of our Privacy Policy.
When you make purchases through our platform, we require certain information from you, such as your mailing address, to fulfill your orders. By making a purchase, you authorize us to collect and share your information, including your name, address, and phone number, with third-party service providers to facilitate order fulfillment.
You consent to receive communications from us electronically, including emails, texts, mobile push notifications ("Push Messages"), and other messages through our Services. We will obtain your opt-in consent where required by law for the delivery of Push Messages. Please note that your wireless service provider may charge fees for data, text messaging, and wireless access related to Push Messages. All electronic communications from us have the same legal effect as written communications.
We may use any email address or telephone number provided by you to: (i) notify you about your account; (ii) address account issues; (iii) resolve disputes; (iv) collect debts; (v) gather opinions through surveys; (vi) provide order, payment, and delivery updates; (vii) send authentication texts; or (viii) enforce these Terms and applicable laws. Standard text messaging charges may apply to messages sent by us.
If you opt in, you may receive marketing materials via mobile texts and alerts. By signing up, you consent to receive promotional messages, notifications about orders, and marketing communications from us. You are not obligated to consent to receive marketing texts to use our Services.
If you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options provided in the marketing emails.
Our communications with you may be recorded, monitored, and stored by third-party service providers for quality control, training purposes, or to protect our interests, subject to our Privacy Policy.
"User Submissions" refer to any content posted, uploaded, shared, submitted, stored, or otherwise provided by you through our Services. This includes suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials, which may be visible to other users. User Submissions posted within your Account must adhere to our guidelines and may not contain nudity, violence, sexually explicit, or offensive content as determined by us.
For all User Submissions, you grant us a comprehensive, perpetual, irrevocable, worldwide license to use, store, display, reproduce, modify, create derivative works, publicly perform, distribute, translate, or otherwise utilize them as necessary to operate, market, and advertise our Services. This includes presenting, displaying, or performing User Submissions in line with your preferences.
You acknowledge that all User Submissions, including your username, are non-confidential and non-proprietary. We may freely use, display, reproduce, modify, license, distribute, and otherwise exploit User Submissions without restriction or compensation to you.
You warrant that you own or control all rights to the User Submissions and that our use of them will not infringe upon or violate the rights of any third party or any rules outlined in these Terms.
We do not endorse User Submissions, and they do not reflect our views. We disclaim any liability for User Submissions and any resulting damages. Users are expected to maintain integrity when submitting User Submissions, particularly regarding ratings and reviews of Products. You agree that User Submissions must be truthful, made in good faith, and based on firsthand experience. Sponsored or paid User Submissions must be clearly indicated. While we reserve the right to pre-screen, refuse, or remove User Submissions, we have no obligation to do so. Your consent to such actions is implied by agreeing to these Terms. You acknowledge that there is no expectation of privacy regarding the transmission of User Submissions. Any actions taken regarding User Submissions are for our benefit, not yours, and may include removal if they violate the Terms or are deemed objectionable.
You recognize and agree that all materials accessible through our Services, including text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively referred to as "Content"), are safeguarded by copyright and/or other intellectual property laws worldwide. You agree to adhere to all copyright notices, trademark regulations, and restrictions within the Content. Without the prior consent of the Content owner, you may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or use any Content for any purpose.
We respect the intellectual property rights of others and reserve the right to remove or disable Content that allegedly infringes upon the intellectual property rights of others. Please refer to our Intellectual Property Policy for information on reporting potentially infringing content.
You acknowledge and agree that we own or hold licenses for the Services. You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or exploit any aspect of the Services, except as expressly permitted.
Subject to your compliance with these Terms and all applicable policies, rules, and guidelines, and payment of any applicable fees, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Services solely for utilizing Alvin's Club Any rights not explicitly granted in these Terms or related policies or guidelines are reserved by us or our licensors, suppliers, publishers, rightsholders, or other content providers. These licenses are subject to termination if you fail to comply with these Terms or applicable policies, rules, or guidelines.
You may not commercially utilize any information provided on the Services or use the Services for the benefit of another business without our explicit advance permission. Soliciting, advertising for, or contacting users for employment, contracting, or any non-Service-related purpose through Alvin's Club is strictly prohibited. Violation of this provision may result in refusal of service, account termination, and/or cancellation of purchase transactions at our discretion.
You recognize and agree that any Content publicly posted or privately transmitted by a third party through the Services is solely the responsibility of the individual who posted or transmitted it. You engage with such Content and interact with other users at your own risk. We are not accountable for any errors, inaccuracies, or omissions in third-party Content. We do not exert control over such content and bear no obligation to intervene in how you interpret, utilize, or respond to it. Additionally, we cannot guarantee the identities of users you interact with on the Services.
You are accountable for all Content you contribute to the Services, ensuring you have the necessary rights to do so.
The Services may include links or connections to third-party websites or services not owned or managed by us. We do not control or take responsibility for the content, accuracy, privacy policies, or practices of such third-party entities. We also do not monitor or censor third-party content. You acknowledge that we are not liable for any risks arising from your use of third-party websites or services. We encourage you to review the terms of use and privacy policies of any third-party site or service you visit.
Your interactions with other users or entities resulting from your use of the Services, such as communications, payments, performances, and deliveries, are solely between you and such third parties. While we reserve the right to intervene in such interactions, we are not obligated to do so. You should conduct any necessary investigations or seek professional advice before engaging in interactions with third parties. We are not responsible for any loss or damage incurred as a result of these interactions, and you agree that we will not be held liable for any such outcomes.
You have the freedom to discontinue your use of the Services whenever you choose. Likewise, we retain the right to suspend or terminate your use of the Services or your account at our discretion, including in cases of your violation of these Terms. You understand and agree that we have the sole authority to determine whether you have breached any of the restrictions outlined in these Terms. Even if your use of the Services is terminated or suspended, these Terms will continue to apply to you, and any outstanding amounts owed to us will remain payable.
Upon the termination of your account for any reason, all associated Content and Rewards will be deleted and voided. We recommend utilizing any remaining Rewards prior to the effective date of termination.
Certain provisions of these Terms will survive termination, including ownership rights, warranty disclaimers, and limitations of liability. This ensures that certain obligations and rights continue to apply even after the termination of the Terms.
We make it clear that to the fullest extent permitted by applicable law, we do not provide any representations or warranties of any kind regarding the Services, the Content, or any Products offered or purchased through the Services. This includes but is not limited to warranties concerning the condition, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose, or non-infringement of Products, as well as the accuracy, correctness, completeness, or legality of the Content. Any such warranties, representations, conditions, and undertakings are expressly excluded. Furthermore, no communication or information obtained from or through the Services shall create any warranty not explicitly stated in these Terms. Additionally, we do not make any representations or warranties regarding suggestions or recommendations of Products offered or purchased through the Services. However, please note that this disclaimer does not affect our return and refund policy for Products purchased through the Services.
Your use of the Services and any Products offered and purchased through the Services is undertaken at your own risk. To the fullest extent permitted by applicable law, unless expressly provided otherwise, the Services, Products, and Content are provided to you on an "as-is" and "as-available" basis, with all faults and without any warranties of any kind.
You acknowledge and agree that the Alvin's Club Parties (as defined in Section 16.1) are not liable, and you agree not to hold the Alvin's Club Parties liable, for the conduct of third parties, including operators of external sites. Any risk of injury from such third parties rests entirely with you. We do not make any promises or accept liability for the products, services, information, programming, or conduct of any third party accessible to you through the Services, nor do we guarantee the quality or conduct of any third party encountered in connection with your use of the Services.
You acknowledge and agree that to the fullest extent permitted by applicable law, you assume full responsibility for your use of the Services, including your interactions with other users. Any information you send or receive during your use of the Services may not be secure and may be intercepted or accessed by unauthorized parties. Therefore, we are not responsible for any loss or damage to your property or data resulting from any materials you access or download from the Services.
If you rely on any data or information obtained through the Services, you do so at your own risk. You are solely responsible for any damage or loss resulting from your use of such data or information.
Subject to your adherence to the Terms, you are granted a limited, non-exclusive, non-transferable, and revocable license to download, install, and utilize a copy of the Alvin's Club mobile application ("Application") on a single mobile device or computer under your ownership or control, solely for your personal or internal business purposes. For Applications obtained through the Apple App Store ("App Store Sourced Application"), usage must adhere to the Apple App Store Terms of Service. If the Application is acquired through the Google Play store ("Google Play Sourced Application"), additional license rights may apply for shared usage within your designated family group.
You recognize that the availability of the Application and Services relies on the third-party source from which you acquired the Application license, such as the Apple App Store or Google Play (collectively referred to as "App Store"). The Terms govern your relationship with us, not with the App Store. We are solely responsible for the Services, including the Application, its content, maintenance, support services, warranty, and addressing any claims related to them. You agree to bear all fees associated with wireless network access and any fees charged by the App Store for using the Services, including the Application. Compliance with the App Store's terms of agreement is required for using the Application, and the App Store and its subsidiaries are considered third-party beneficiaries of the Terms.
14.3.1 The Terms are solely between you and us, not Apple, and we are responsible for the App Store Sourced Application and its content. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
14.3.2 Apple is not obligated to provide maintenance or support services for the App Store Sourced Application.
14.3.3 Apple will refund the purchase price for the App Store Sourced Application in case of its failure to conform to any applicable warranty, and Apple will have no other warranty obligation. We are responsible for addressing any other warranty-related claims.
14.3.4 Apple is not liable for any claims or liabilities arising from your use of the App Store Sourced Application, including product liability claims or failure to comply with legal or regulatory requirements.
14.3.5 We are solely responsible for addressing any intellectual property infringement claims related to the App Store Sourced Application.
14.3.6 Apple and its subsidiaries are third-party beneficiaries of the Terms concerning your license of the App Store Sourced Application, with the right to enforce the Terms against you.
14.3.7 You must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
You are prohibited from assigning, delegating, or transferring these Terms, or your rights and obligations herein, to any other individual without our prior written consent. Any such attempted assignment, subcontract, delegation, or transfer in violation of this provision will be deemed null and void. We reserve the right to transfer, assign, or delegate these Terms and our rights and obligations under these Terms to any other party without requiring your consent.
We shall not be held liable for any delay or failure to perform our obligations under these Terms resulting from circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, governmental actions, fires, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
You and we agree that any claim arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such claim is permanently barred.
You acknowledge and agree that we may provide notice to you via email using the most recent email address you provided to us, which shall constitute effective notice. Therefore, it is your responsibility to ensure that your email address information with us is kept up to date. You may provide notice to us at the following address: 2911 Abbotwood Crt Oakville - L6J 6V9 Canada
Please review this Section 16 ("Arbitration Agreement") carefully, as it contains provisions governing the resolution of disputes between you and us. This section includes an agreement to arbitrate disputes, a class action waiver, and a waiver of jury trial. Note that additional rights may apply to you in some countries, and certain elements of this Arbitration Agreement may not be applicable to you as required by law.
You and we agree that any dispute, claim, or disagreement arising from or related to your use of the Services, communications received, products sold through the Services, or the Terms will be resolved through binding arbitration, except for claims that qualify for resolution in small claims court or seek equitable relief for intellectual property rights infringement. This agreement covers disputes arising before or after the effective date of the Terms.
Before initiating arbitration, both parties agree to engage in good faith efforts to resolve disputes informally. This involves a telephonic or videoconference meeting ("Informal Dispute Resolution Conference") to discuss the dispute. The party initiating the dispute must provide written notice to the other party within forty-five (45) days, specifying the details of the dispute.
Both parties waive their rights to a trial by judge or jury, opting instead for arbitration, except as specified in Section 16.1. Arbitration does not involve a judge or jury, and court review of arbitration awards is limited.
Both parties agree to resolve disputes on an individual basis, waiving the right to bring claims on a class, representative, or collective basis. The arbitrator may only award relief to individual parties, and disputes involving multiple customers or users cannot be consolidated.
Arbitration will be conducted under the Federal Arbitration Act. If informal dispute resolution fails, either party may initiate arbitration. Arbitration proceedings may be filed where you reside. Rules govern the arbitration process, and parties are responsible for their own fees.
The arbitrator, selected from AAA's roster, will have exclusive authority to resolve disputes, except for certain issues outlined in Section 16.7.
The arbitrator has authority to resolve disputes, including issues related to the Arbitration Agreement's enforceability and validity. Certain disputes, such as those regarding Section 16.4, may be decided by a court of competent jurisdiction.
Each party bears its own attorneys' fees and costs, unless the arbitrator determines that one party's claims were frivolous. The prevailing party in court actions related to arbitration conditions may recover reasonable costs and attorneys' fees.
To streamline arbitration, batch arbitration may be conducted for similar requests filed within a specific period. AAA administers batch arbitrations, appointing one arbitrator per batch.
Invalid or unenforceable parts of the Arbitration Agreement will be severed, and the remainder will remain in effect. Disputes must be initiated via arbitration within the applicable statute of limitations.
We will notify you of material changes to the Arbitration Agreement. Your continued use of the Services constitutes acceptance of such changes, unless you reject them within thirty (30) days. Opting out of previous versions of the Terms does not grant a new opportunity to opt out of arbitration.
If you have any questions about these Terms of users, please contact us as follows:
+1 437-545-1888
support@alvinclub.ca