Attention: Our terms have been updated on Dec 15, 2022 - to reflect improvement to our subscriptions including a 6-month minimum product subscription and long-term subscriber discount.
To see our previous subscription terms for all orders before Dec 15, 2022 here.
Aloe Subscription Agreement
THIS SUBSCRIPTION AGREEMENT (this “Agreement”) is entered into as of (the “Effective Date”) between Trademango Solutions Inc. (“Aloe”) a Canadian corporation, and the undersigned (“You” or the “Subscriber”)
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
- Subscription Term You, Subscriber, agree to lease the property selected and detailed on your order (the “Property”) from Aloe for 6 months commencing on the date the Property is delivered to the address detailed on the order checkout page (“the Premises”). You may cancel your order free of charge up to 24 hours prior to delivery. After 6 months, the subscription will continue on a month-to-month basis until terminated by Aloe or you. In the event of a swap, the subscription term is automatically reset for an additional 6 months.
- Subscription Fee: You shall pay to Aloe the Monthly Subscription Fee (as defined in the order checkout page), all applicable taxes and other fees specified in this Agreement. All Monthly Subscription Fees and taxes will be automatically charged to the credit card on file by Aloe on a monthly basis.
- Late Payment Fees: Should your credit card be declined for any reason, unless restricted by law, you will be charged a late payment fee of $25.00 CAD for each month the full amount of your Monthly Subscription Fee is not successfully charged to the credit card on file. Additionally, you will be subject to a monthly interest charge of 10% (unless restricted by law) on all balances outstanding over thirty (30) days.
- Delivery: Aloe shall deliver the Property to the Premises and on the mutually agreed upon delivery date. You grant Aloe permission to enter the premises for the purposes of delivering and picking up the Property. Aloe shall have no liability for damages resulting from any delay in delivery or pick up of the Property. Aloe reserves the right to charge a fee of $50 if you are not present at the agreed time of delivery or pickup and Aloe is unable to complete the delivery or return, as applicable.
- Delivery Fee: You agree to pay the delivery fee as indicated on the order checkout page, at the time of confirmation.
- Early Termination: Cancellation within the first 6 months of your subscription will be treated as early termination of the agreement, and the remaining balance will be charged to you immediately.
- Pick up: Once you inform us that you are cancelling your subscription or decide it’s time for a swap, Aloe will contact you to determine an appropriate pick-up date and time. There is a pick-up fee of $99 that will be charged to your account.
- Property to remain at Premises: You may not remove the Property from the Premises without Aloe’s prior written consent. If you are planning to move, you should cancel your subscription, and then resubscribe when you are ready to move to your new residence.
- Damage to Property: You are responsible for maintaining the Property in good condition, subject to normal wear and tear. You shall be responsible for all damage or loss to the Property beyond normal wear and tear, including but not limited to damage caused by natural disasters such as fires, floods, earthquakes, tornados, theft, disappearance, misuse, negligence, abuse, burns, pets, insect infestation, excessive odor, and/or use of the Property that is not in the manner for which it was intended. Certain repairs like a cushion replacement can be requested through firstname.lastname@example.org at your sole cost. In the event of insect infestation, Aloe must be notified within a reasonable time frame, and will not accept the return of any items that have not been appropriately treated for an infestation. Aloe reserves the right to ask for proof of treatment prior to pick up the of Property.If Aloe is unable to retrieve the Property as required, you will be responsible for an amount up to the retail value of the Property plus handling fees in addition to all other payments and charges due under this agreement. Subscriber agrees to indemnify, defend, and hold Aloe harmless from and against any and all liabilities, claims, suits, losses, damages, costs and expenses, including that the Property is infested with insects or that infect infestation in the Property caused personal injury. Subscriber also agrees to unconditionally release and discharge Aloe, its affiliates, officers, directors, employees and agents from any and all claims or suits for damages suffered by Subscriber as a result of insect infestation or personal injury caused by insects.
- Lost or Stolen Property: If the property is lost or stolen, you will be responsible for the full retail value of the Property.
- Warranty: Except as required by applicable law, Aloe makes no warranty, express or implied, regarding the Property including but not limited to, any express or implied warranty of merchantability, design, durability, suitability or fitness for any particular purpose. To the extent permitted by law, all statutory warranties with respect to the Property that is secondhand furniture are hereby excluded.
- Insurance: You shall, at your own expense, maintain appropriate insurance coverage that includes coverage for damage, loss, and/or destruction of the Property resulting from theft, fire, storm, and all other hazards and casualties, on the Premises throughout the term of this agreement.
- Recall: Aloe retains the right to recall any Property at any time for any reason including but not limited to: (i) if a governmental authority issues a recall order or directive; (ii) Property is found to be non-compliant with applicable laws; (iii) Aloe determines that the Property, or any part thereof, is unacceptable for any reason. You shall cooperate promptly with Aloe for any recall. In the event of a recall, Aloe will make best efforts to provide a suitable replacement of equal or higher value.
- No Assignment: This agreement may not be assigned by you in whole or in part, and none of the Property shall be sublet or loaned to a third party. Aloe may, in its sole discretion, assign this Agreement or any rights under this Agreement to any third party at any time and from time to time.
- Title: It is understood that this transaction is a rental and not a conditional sales or financing agreement. Title and ownership of the Property shall remain with Aloe and you will not grant a security interest of any kind or dispose of any item of Property. You shall keep the Property free and clear of all levies, attachments, liens and encumbrances and shall not in any way impair Aloe’s title in such Property.
Default: Aloe may terminate this agreement at any time and repossess the Property without legal process if:
a) You violate any of the provisions in this agreement and fail to cure such violation within fifteen (15) days of the violation;
b) You become insolvent or make any assignment for the benefit of creditors;
c) If any proceeding is instituted against you under bankruptcy or similar laws for the relief of debtors or a receiver is appointed for any of your assets.
Upon such termination, Aloe will be entitled to Early Termination Payment and to recover any damages resulting from your failure to fulfill the provisions of this Agreement, You shall also be liable for all costs, including reasonable attorney’s fees, which may be incurred by Aloe in enforcing these provisions.
- Multi Use: This agreement is intended for use in several jurisdictions. You agree that if any of the provisions shall be held invalid or unenforceable under the laws of the state or jurisdiction in which you reside the remaining provisions shall be enforced as if without the inclusion of the invalid term.
- Entire Agreement: This Agreement, together with the Order Form and any other documents incorporated herein by reference constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
- Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Waiver. No waiver by any party of any of the provisions hereof is effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party will operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
You acknowledge and agree that your account is managed by Shopify & Circuly, and you agree to their terms of service by creating an account and utilizing the Aloe platform.