Legal
MicroWake (“microwake”, “we”, “our”, “us”), as a convenience to you, grants you (“you”, “your”) access to its websites, accessible via
WWW.MICROWAKE.CA WWW.MICROWAKE.ORG WWW.MICRO-WAKE.COM WWW.MICROWAKE.NET or any website owned or controlled by microwake, including its subdomains (collectively, the “Sites”), and use of its applications (hereinafter referred to as the “Apps”) (together, the “Platform”), conditioned on your acceptance of these terms, conditions, and notices contained herein (collectively, the “Terms”).
For the purposes of these Terms, “Content” means collectively any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Platform that are not Submissions (as that term is defined below), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.
PLEASE BE AWARE THAT SECTION 15 OF THE GENERAL TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND MICROWAKE. AMONG OTHER THINGS, SECTION 15 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 16 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 CAREFULLY.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
These Terms contain the following terms and conditions sections:
A. GENERAL TERMS OF USE
B. TERMS OF SALE
C. MICROWAKE MEMBERSHIP TERMS
A. GENERAL TERMS OF USE
1. ACCEPTANCE OF TERMS
PLEASE READ THESE TERMS AND THE MICROWAKE PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE USING THE PLATFORM. BY USING THE PLATFORM ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES (COLLECTIVELY, “Devices”), YOU AGREE TO THESE TERMS, AND YOU CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PURPOSE FOR PROCESSING INFORMATION SET OUT IN OUR PRIVACY POLICY, YOU MUST EXIT THE PLATFORM IMMEDIATELY AND DISCONTINUE ANY USE OF THE PLATFORM AND ANY CONTENT CONTAINED THEREIN. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU WILL NOT BE ABLE TO DOWNLOAD, USE, OR ACCESS THE APPS. YOUR USE OF THE PLATFORM SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
MICROWAKE MAY, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE PLATFORM OR BY SENDING REGISTERED USERS AN EMAIL NOTICE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE PLATFORM. BY CONTINUING TO USE OR ACCESS THE PLATFORM, YOU ARE AGREEING TO THE REVISED TERMS. These Terms do not alter in any way the terms or conditions of any other agreement You may have with microwake or its affiliates for other products or services.
Our PRIVACY POLICY, AND AS APPLICABLE OUR COOKIE POLICY, describes the collection, use, and further processing of personal information on the Platform. Notwithstanding anything else to the contrary contained in these Terms, microwake’s use of any personal information (e.g., name, address, etc.) you provide via the Platform shall be governed by our Privacy Policy. For further information regarding microwake’s processing of your personal information, please refer to our Privacy Policy, available at Privacy Policy – MicroWake or, as applicable, the local version available at the bottom of the regional Site.
You are expected to check this page from time to time to take notice of any changes microwake has made, as those changes are binding on you.
The Terms were updated as of May 1, 2024 and will be in effect no later than May 15, 2024, solely to the extent you live in a jurisdiction that requires advance notice.
2. USE AND RESTRICTIONS
The Platform may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are of legal age of majority in their place of residence, for example, 18 years of age or older, and who are not otherwise barred from using the Platform under applicable laws.
The Platform is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms. You acknowledge and agree that microwake, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Platform.
You agree not to:
resell for commercial purposes products purchased through the Platform, or as applicable, from a microwake carrying retail store;
commercially sell, resell, distribute, or frame the Platform or Content therein;
modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
use, frame, or utilize framing techniques to enclose any microwake trademark, logo, or other proprietary information (including the images found on the Platform, the content of any text, or the layout/design of any page or form contained on a page) without microwake’s express written consent;
collect or use any product listings or descriptions; or
use any meta tags or any other “hidden text” utilizing a microwake name, trademark, or product name without microwake’s express written consent.
When using the Platform, you may not:
breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer, or database connected to the Platform;
transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Platform, including the systems or servers which host the Platform;
use any data mining, robots, or similar data gathering and extraction methods from the Platform;
access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way, other than for your use of the Platform as expressly permitted in these Terms;
attack the Platform via a denial or service attack or distributed denial or service attack; or
forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform.
Any unauthorized use of the Platform will terminate the permission or licence granted by these Terms, will result in you being barred from using the Platform, and may violate applicable law, including but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
3. COPYRIGHT
The Content, Sites, and Apps, as well as the selection and arrangement of each, are the sole property of microwake and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws and may not be used except in accordance with these Terms or with microwake’s express written consent. Other than as necessary for your use of the Platform in accordance with these Terms, microwake grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Content. Any Content owned by microwake’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms, no part of the Apps, Sites, or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smart phone, tablet, or other medium for publication or distribution or for any commercial enterprise, without microwake’s express prior written consent.
If you print, copy, or download any part of the Platform in breach of these Terms, your right to use the Platform will cease immediately and you must, at microwake’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Sites for your personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. MicroWake’s status (and that of any identified contributors) as the author of material on the Platform must always be acknowledged.
4. TRADEMARK
All trademarks, service marks, trade names, logos, and trade dress, whether registered or unregistered (collectively, the “Marks”) that appear on the Platform are proprietary to microwake or such Marks’ respective owners. You may not display or reproduce microwake Marks other than with the prior written consent of microwake, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress of microwake or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of microwake.
5. COPYRIGHT AND TRADEMARK INFRINGEMENTS
MicroWake respects the intellectual property rights of others, and we ask you to do the same. MicroWake may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide microwake’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works on a single website are covered by a single notification, a representative list of such works on that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled on the Platform, and information reasonably sufficient to permit microwake to locate the material;
Information reasonably sufficient to permit microwake to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MicroWake’s agent for notice of claims of copyright or trademark infringement on the Platform can be reached as follows:
By email: info@microwake.com
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability.
6. YOUR ACCOUNT
If you purchase products or services using the Platform, you may be prompted to establish an account with microwake, and at your discretion choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your device and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.
You agree to immediately notify microwake of any unauthorized use of your password or account or any other breach of security by CONTACTING THE CMO (“Chief Media Officer”) at INFO@MICROWAKE.COM. We have the right to disable any account or password at any time, for any reason.
You acknowledge and agree that microwake may, in alignment with the Privacy Policy, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Platform, and all information relating to the use of the Platform under your account or account password if microwake is required to do so by law or legal process or if microwake determines, in its sole discretion, that such action is necessary to protect the rights of microwake, third parties, and other users of the Platform or for purposes of responding to your request for customer service.
7. ELECTRONIC COMMUNICATIONS
You consent to receive electronic communications from microwake either in the form of email sent to you at the email address listed on your account or by communications posted on the Platform for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Platform shall satisfy any legal requirement that such communication be in writing.
You agree that microwake may use and/or disclose information consistent with the Privacy Policy.
8. SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the Platform (each, a “Submission”) and through the services available in connection with the Platform, and that you, and not microwake, have full responsibility for each Submission you make, including its legality, reliability, appropriateness, and trademark, copyright, and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to microwake. You represent that: (a) the posting and use of your Submission on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (b) you will pay for all royalties, fees, and any other monies owed by reason of the Submission you post; and (c) you have the legal right and capacity to enter into these Terms in your jurisdiction.
Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis.
You agree that microwake is free to use a Submission for the purpose of providing you and others with use of the Platform, its functionality, and associated products and services, and, unless the rights in such Submission are assigned to microwake under these Terms, you grant microwake a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License”) to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify, and prepare derivative works of the Submission.
In addition, to the extent any Submission contains your or any other person’s name, likeness, voice, or biographical information (“Personal Rights”), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to microwake a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of microwake products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential, and microwake is under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to microwake set forth in this section; (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person or entity or violate any applicable law, rule, regulation, or order. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform. When submitting Submissions to or otherwise using the Platform and/or the services, you agree not to, without limitation:
use the Platform in a manner that uses technology or other means to access the Platform, or other content that is not authorized by microwake;
use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content;
take any action that imposes or may impose (in microwake’s sole discretion) an unreasonably or disproportionately large load on microwake’s infrastructure;
attempt to gain unauthorized access to microwake’s computer network or user accounts;
encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;
attempt to damage, disable, overburden, or impair microwake servers or networks;
violate applicable third-party terms;
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
use racially, ethnically, or otherwise offensive language;
discuss or incite illegal activity;
use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
post anything that exploits children or minors or that depicts cruelty to animals;
post any copyrighted, trade-secret, proprietary, patented proprietary, or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice, or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation;
use any robot, spider, scraper, or other automated means to access the Platform; or
alter the opinions, goals, profiles, or comments posted by others on the Platform.
This list of prohibitions provides examples and is not exhaustive. microwake reserves the right in its sole discretion to (i) terminate your access to your account; (ii) terminate your ability to post to the Platform (or the services); and (iii) refuse, delete, modify, edit, or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that microwake determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or services. microwake may report to law enforcement authorities any actions that may be, or microwake reasonably suspects to be, illegal, and any reports it receives of such conduct. When legally required, or at microwake’s discretion, microwake will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Platform or on the Internet.
microwake takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, microwake is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require microwake to monitor, police, or remove any Submissions or other information submitted by you or any other user.
microwake prohibits crawling, scraping, caching, or otherwise accessing any content on the Platform via automated means, including, but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with microwake’s express consent).
microwake’s policy is to not accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions, and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, microwake does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite this policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that microwake is free to use any such content, information, ideas, suggestions, or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
9. MODIFICATIONS
Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, microwake reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Platform, at any time and from time to time.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless microwake, its affiliates, and their respective directors, officers, employees, and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss or damage we suffer as a result of your breach of these Terms.
11. THIRD-PARTY SITES
The Platform may contain links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provisioned by third parties other than microwake or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. microwake does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Platform does not imply microwake’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
12. LINKING TO THE SITES
You may link to our Sites, provided you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The website from which you are linking must comply in all respects with applicable law.
13. WARRANTIES AND DISCLAIMER
AS A CONDITION OF YOUR USE OF THE PLATFORM, YOU WARRANT TO MICROWAKE THAT YOU WILL NOT USE THE PLATFORM FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.
EXCEPT AS OTHERWISE DETAILED IN THE TERMS OF SALE (AS DEFINED BELOW), THE SITE, APPS, SUBMISSIONS, AND ANY PRODUCTS OR CONTENT, INCLUDING LINKS, PROVIDED VIA THE PLATFORM OR STORES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROWAKE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, CONTENT, AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MICROWAKE DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT, OR ANY PRODUCTS, SERVICES, OR ANY OTHER INFORMATION ACCESSIBLE VIA THE PLATFORM IS SECURE, ACCURATE, COMPLETE, OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. microwake will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.
IN ADDITION, THE PLATFORM MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. MICROWAKE THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES, OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MICROWAKE RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, MICROWAKE MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, MICROWAKE WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE(S).
Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies, or other technical reasons. microwake is not liable for these variants and deviations.
Nothing in these Terms shall affect your legal rights under applicable consumer laws.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, MICROWAKE AND ITS PARENT, AFFILIATES, CEOS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND THIRD-PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE OR APPS OR ANY ERRORS, OMISSIONS, VIRUSES, OR MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGE IS CAUSED DIRECTLY BY MICROWAKE’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE, OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS MAY NOT ALLOW FOR THE EXCLUSION OR LIMITIATION FOR CERTAIN LIABILITY OR DAMAGES. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, PROVINCE, OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree that any claim you may have arising out of or related to your relationship with microwake must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
15. ARBITRATION AGREEMENT
General
We believe that arbitration offers a prompt, efficient way to resolve any dispute, controversy, or other claim that may arise between you and us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).
To the maximum extent permitted by law, you and we agree that any and all Disputes arising out of or relating in any way to these Terms and prior versions of these Terms, any communications you receive from microwake, any products sold or distributed through the Platform, your account, your access to or use of the Platform (including for the purchase of microwake products), your Submissions, and any Personal Rights contained therein, including claims and disputes that arose between us before the effective date of these Terms, will be resolved exclusively and finally by a single arbitrator using binding arbitration pursuant to the Consumer Arbitration Rules of the International Centre for Dispute Resolution (“ICDR”), as further detailed in this Section 15 (“Arbitration Agreement”). DISPUTES WILL ONLY BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR SIMILAR ACTION, EXCEPT AS PROVIDED BELOW. There is no judge or jury in arbitration. The discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court in an individual proceeding (including attorneys’ fees).
The only exceptions to the Arbitration Agreement are: (i) you and microwake may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or microwake may seek equitable relief in court for infringement or other misuse of intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms, as well as claims that may arise after the termination of these Terms.
Waiver of Jury Trial
YOU AND MICROWAKE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and microwake are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief
YOU AND MICROWAKE AGREE THAT, EXCEPT AS SPECIFIED IN THE BATCH ARBITRATION CLAUSE BELOW OR OTHERWISE PROHIBITED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the subsection entitled “Batch Arbitration.” Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and microwake agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the provincial (as applicable) or federal courts located in the Province of British Columbia if arising in Canada. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or microwake from participating in a class-wide settlement of claims.
Pre-Arbitration Claim Resolution
If a Dispute arises between you and microwake, microwake is committed to working with you to reach a reasonable resolution. You and microwake agree to make good faith, informal efforts to resolve Disputes to seek a prompt, low‐cost and mutually beneficial outcome. Before initiating any proceeding, you and we must first give the other an opportunity to resolve the Dispute. We will reach out to you via your information on file and you will reach us by emailing us at INFO@MICROWAKE.COM with the following information: (i) your name; (ii) your address; (iii) a written description of our claim in the Dispute; and (iv) a description of the specific relief you seek. If you and we do not resolve the Dispute within forty-five (45) days after receiving said notification, then you or we may pursue the Dispute in arbitration, as detailed below, or, if you have opted out of arbitration as provided under “30-Day Right to Opt Out”, in court.
30-Day Right to Opt Out
Notwithstanding the above, you have the right to opt out of the provisions of this Arbitration Agreement within thirty (30) days from the date that you first consent to these Terms (the “Opt-Out Deadline”). To opt out of arbitration, simply email us at INFO@MICROWAKE.COM with the following information: (i) your name; (ii) your address; and (iii) a clear statement that you do not wish to resolve Disputes with us through arbitration. Any decision to opt out of arbitration will have no adverse effect on your relationship with us, but we do have to enforce the Opt-Out Deadline. Any opt-out request received after the Opt-Out Deadline will not be valid, and you will be required to pursue any Dispute in arbitration. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Arbitration Procedures
If the Dispute is not resolved as provided under “Pre-Arbitration Claim Resolution” within forty-five (45) days, either you or we may initiate arbitration proceedings. The ICDR Canada will administer all Disputes, and the arbitration will be conducted before a single arbitrator, in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The ICDR rules are available at WWW.ICDR.ORG or by calling 1-844-859-0845 (Toll-free within Canada) or 1-888-855-9575 (in US). These Terms govern in the event of any conflict with the applicable arbitration rules.
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to the subsection entitled “Waiver of Class and Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void, or voidable, or that such subsection entitled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.”
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, telephone number, mailing address, and email address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in Canadian Dollars; (iv) a statement certifying completion of the Pre-Arbitration Claim Resolution process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
The arbitration will be conducted in English, closed to the public, and confidential. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All related records shall be kept confidential, except as necessary to obtain court confirmation of the arbitration award.
The Terms evidence a transaction which may involve interstate commerce; notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.
Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.
Attorneys’ Fees and Costs
The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Your responsibility to pay any ICDR fees and costs will be solely as set forth in the applicable ICDR Rules. If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration
Unless you and microwake otherwise agree, or the “Batch Arbitration” process discussed in the subsection below is triggered, the arbitration will be conducted in the country where you reside. Subject to the ICDR Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the ICDR is not available to arbitrate, the parties will select an alternative arbitral forum.
Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty (20) or more individual Requests of a substantially similar nature filed against microwake by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the ICDR shall (i) administer the arbitration demands in batches of 20 Requests per batch (plus, to the extent there are less than 20 Requests left over after the batching described above, a final batch consisting of the remaining requests); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single, consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the ICDR, and the ICDR shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by microwake.
You and we agree to cooperate in good faith with the ICDR to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
Invalidity, Expiration
Except as provided in the subsection entitled “Waiver of Class or Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with microwake as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time-barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Modification
Notwithstanding any provision in these Terms to the contrary, you and we agree that if microwake makes any future material change to this Arbitration Agreement, it will notify you as set forth above. Unless you reject the change within thirty (30) days of such change becoming effective by writing to microwake at INFO@MICROWAKE.COM , your continued use of the MicroWake Site and/or Services, including the acceptance of products and services offered on the Site following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms), those agreements to arbitrate remain in full force and effect. microwake will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
16. GOVERNING LAW
All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings, and other hearings or actions initiated in connection with the Platform and/or the Content must and will be venued exclusively in Kelowna, British Columbia. These Terms and the relationship between you and microwake will be governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
17. MISCELLANEOUS
If any provision of these Terms is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.
18. LANGUAGE
You agree it is the express wish between you and microwake that the official language of these Terms and all communications and agreements between microwake and you and any proceedings in connection with these Terms and/or your use of the Platform exclusively shall be made in the English language. microwake and you waive any rights we or you may have under any other law to have these Terms written in another language. Any translation of these Terms will be for convenience only.
19. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and microwake as a result of these Terms, the Privacy Policy, or any use of the Platform. microwake’s performance of these Terms is subject to existing laws and legal process. Nothing contained in these Terms or the Privacy Policy is in derogation of microwake’s right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by microwake with respect to such use.
20. ENTIRE AGREEMENT
These Terms, including all terms and conditions incorporated by reference herein, constitute the entire agreement between you and microwake with respect to the Platform, Sites, and the Services provided by microwake, including the sale of products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and microwake with respect to the Platform.
21. QUESTIONS OR CONCERNS
If you have any concerns about material which appears on the Platform, please contact us by emailing us at: INFO@MICROWAKE.COM
B. TERMS OF SALE
These Terms of Sale (“Terms of Sale”) describe the terms and conditions in which microwake sells microwake products or goods (“Products”) through microwake-owned stores or affiliated consignment stores or storefronts (each, a “Store”) and through the Platform to you and provide the legal information applicable to the contract formed when you purchase a Product from our Platform or Store (an “Order”). PLEASE READ THESE TERMS OF SALE CAREFULLY. BY ACCESSING, USING, OR PURCHASING THROUGH OUR PLATFORM OR STORES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE.
PLACING AN ORDER. The contract for an Order made on a Platform is formed through the following steps: a) you place an Order, b) we acknowledge and accept the Order, and c) we send you a shipping confirmation. To place an Order, you will be required to submit your name, address, email, phone number, and a valid Payment Method (defined below) on the “Order Summary” page. Please carefully review all Product specifications, including quantity, product and/or blend, and price, and any shipping costs, delivery fees, or taxes that may apply to your Order, along with these Terms of Sale. By completing the Order, you accept these Terms of Sale and your obligation to pay the total price. We will acknowledge receipt of your Order by displaying an order confirmation number and/or sending an email to the email address you submitted. If your Order is accepted, we will send an email to confirm acceptance. When your Product is shipped from our warehouse, we will send an email with shipping confirmation. If any Product in your Order becomes unavailable, you will be refunded any respective amount(s) paid via the original Payment Method.
RESTRICTIONS ON PLACING ORDERS. Products are offered for sale only to end consumers who are of legal age of majority in their place of residence (for example, 18 years of age or older). We reserve the right to not accept Orders placed by consumers under 18 years of age or persons other than end consumers. We only supply Products for domestic and private use. You agree to not purchase any Product for commercial resale. WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
AVAILABILITY. All Products are subject to availability. Some Products on our Platform may not be available in Stores, and vice versa. We will inform you by email as soon as possible if a Product in your Order is not available. We make no representations or warranties that any Products displayed on our Platforms will be available at any time or location.
PRODUCT BLENDS, DETAILS, AND PACKAGING. Product colors, details (e.g., logo placement), and packaging may vary slightly from Platform images. Platform images are for illustrative purposes only. We make every effort to display colors and logo placement as accurately as possible, but we cannot guarantee how such colors will display on your device. Additionally, logo placement is dependent on production lot and timing and may therefore differ from the Platform images.
PAYMENT METHODS. Acceptable payment methods (each, a “Payment Method”) may vary by Stores and Platform and will be shown on the “Order Summary” page. Such Payment Methods include, but are not limited to, Visa, MasterCard, American Express, Visa Debit. We will not charge your Payment Method until we dispatch your Order. We take every reasonable care to ensure your Order and subsequent transactions are conducted via a secure link. To protect against fraudulent use of Payment Methods, we conduct security checks on all Orders. These security checks take various forms and may involve contacting you by phone before we process your Order. We also procure the services of various credit rating and fraud prevention companies, and we may share details of your Order with them for the sole purpose of detecting and preventing fraudulent use of Payment Methods. Such information will be shared and processed in accordance with our Privacy Policy. Certain Payment Methods may be subject to additional requirements for use and approvals by such third parties. When placing an Order using these methods, please be sure to review any additional terms and available documentation.
DELIVERY. For Orders that are being shipped to you directly, your Order will be fulfilled by the estimated delivery date indicated in the shipping confirmation, unless an Event Outside Our Control occurs (defined below). If an Event Outside Our Control prevents us from meeting the estimated delivery date, we will contact you with a revised estimated delivery date. Delivery is completed when the Product is delivered to the address submitted in your Order, at which time the Products become your responsibility. You own the Products once we have received payment in full, including any delivery charges. Certain regions may require a “Delivery Fee” to be included on items shipped to addresses in that region. If your designated shipping address requires a Delivery Fee, the amount will be noted and included on the Order Summary page. DELIVERY FEES AND, IF SELECTED, ANY EXPEDITED SHIPPING FEES ARE NON-REFUNDABLE. Further information regarding shipping timing and details is available in our Shipping Policy Shipping & Returns – MicroWake
OUR RIGHT TO REJECT OR CANCEL AN ORDER. We expressly reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, wholly or partially, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from such Order, in certain situations, including, but not limited to:
if your Order exceeds Product purchase limits in quantity or dollar amount;
if your purchase history, Membership history, or related accounts show a high volume of exchanges or returns or suspicious volume of purchases;
if we believe that you ordered or purchased Products (single or cumulative transactions) for resale, tax evasion, or another fraudulent purpose;
if the delivery address you provide is the address of a freight forwarding entity or individual or an address flagged by our systems as potentially linked to fraudulent or suspect activities;
if our security systems flag your Order or account details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;
if the Product you seek to purchase is unavailable, not in stock, incorrectly priced, or otherwise incorrectly described;
if there was a misspelling, mismarked pricing, or other mistake or error in connection with the Order;
if we are unable to obtain payment authorization;
if your address, form of payment, or billing information is unverifiable or incorrect;
if shipping restrictions may apply to a Product in your Order;
if we believe you are ineligible to make purchases or use a discount program code or are unauthorized to apply a discount or promotion code to your purchase;
if we cannot deliver to the address provided;
if you are involved in an ongoing legal dispute with microwake;
if you have previously breached the conditions or terms of the Terms of Use, including these Terms of Sale; or
due to an Event Outside Our Control (see below).
DISCOUNT AND LOYALTY PROGRAMS. We make available certain discount and loyalty programs for qualifying individuals. These programs are subject to change and may have additional terms and conditions that apply, including but not limited to the MEMBERSHIP TERMS.
Unless otherwise provided for in a separate discount or loyalty program agreement: (i) microwake may restrict the Payment Methods used in connection with an applicable discount (for example, a debit or credit card may be required); and (ii) you may not purchase product with your applied discount with the intent to commercially resell. microwake reserves, and you acknowledge and agree that microwake has, the absolute right to deny use of any discount or refuse Orders for any person suspected of reselling or orders which have characteristics of reselling.
EVENTS OUTSIDE OUR CONTROL. microwake is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any contract that is caused by events outside our reasonable control (“Events Outside Our Control”). An Event Outside Our Control includes any act, event, non-happening, omission, or accident beyond our reasonable control, and particularly includes the following, without limitation: (a) strikes, lockouts, or other industrial action; (b) civil commotion, riot, invasion, terrorist attack, threat of terrorist attack, war (declared or not), or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) acts, decrees, legislation, regulations, or restrictions of any government; and (g) pandemic or epidemic. microwake’s performance under any contract is deemed to be suspended for that period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will make reasonable efforts to bring the Event Outside Our Control to a close or to find a solution by which our obligations under the Contract may be performed despite the Event Outside Our Control.
DISPUTES AND LIMITATION OF LIABILITY
In addition to Section 10 (Limitation of Liability) of the General Terms of Use incorporated herein, these Terms include the entire scope of our AGREEMENT AND UNDERSTANDING CONCERNING ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, AND ACCESS OR USE OF MICROWAKE STORES AND THE PLATFORM. TO THE EXTENT PERMISSIBLE BY LAW, the maximum aggregate liability of either party to the other on all claims under these terms for any Order or claim that arise or relate to these, whether in contract, warranty, tort (including negligence), strict liability, statute, or otherwise, IS LIMITED TO THE AMOUNT PAID TO MICROWAKE FOR THE PRODUCT(S) PURCHASED IN THE RELATED TRANSACTION. In no event shall the maximum aggregate liability exceed one hundred percent (100%) of the price paid for the Product(s) in your order. Nothing in these Terms of Sales limits or excludes our liability for any liability that cannot be limited or excluded by law. IF THESE LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF MICROWAKE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF A PRODUCT SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE SITE OR A MAXIMUM AMOUNT OF USD $200.00. Some of the above exclusions and limitations do not apply in certain jurisdictions in Canada under applicable consumer protection laws.
Any dispute relating in any way to these Terms of Sale and purchases from the Stores or the Platform, and the use thereof, will be resolved per Section 14 & 15 “Arbitration” in the General Terms of Use. THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE MICROWAKE TERMS OF USE FOR FURTHER INFORMATION.
THIRD-PARTY RIGHTS. This contract is between microwake and you. No other person shall have any right to enforce any terms herein.
WAIVER. If either party fails to insist that the other perform any of its obligations under these Terms of Sale, or if either party does not enforce its rights against the other party, or delays in doing so, such failure to insist or enforce will not mean that the concerned party has waived its rights against the other, nor that the other party does not have to comply with those obligations. If either party waives a default by the other, it will only do so in writing, and such waiver will not mean that the party will automatically waive any later default.
MISCELLANEOUS. If any provision of these Terms of Sale is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Sale will be reformed, construed, and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. microwake’s performance of these Terms of Sale is subject to existing laws and legal process, and nothing contained in these Terms of Sale, the Privacy Policy, Cookie Policy, or Terms of Use is in derogation of microwake’s right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by microwake with respect to such use.
LANGUAGE. English shall exclusively be the official language of these Terms of Sale and any communications, agreements, and proceedings between us. Both parties waive any rights we may have under any other law to have the Terms of Sale written in another language. Any translation of these Terms of Sale will be for convenience only.
ENTIRE AGREEMENT. These Terms of Sale, the Terms of Use, Privacy Policy, and Cookie Policy, as applicable, constitute the entire agreement, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and microwake with respect to the Platform.
REVISIONS TO THESE TERMS OF SALE. We may revise these Terms of Sale from time to time. Every time you place an Order, the Terms of Sale in force at that time will apply to your Order. Whenever we revise these Terms of Sale, we will notify you of material amendments and indicate the most recent date of updates at the top of the Terms page.
GOVERNING LAW AND JURISDICTION. These Terms of Sale shall be governed by, construed, and enforced in accordance with the law in the Province of British Columbia, and any applicable local laws therein, without giving effect to any conflict of law provisions.
MOBILE APPS END USER TERMS
DOWNLOADING, INSTALLING, OR USING THE MICROWAKE APP CONSTITUTES ACCEPTANCE OF THESE MOBILE APPS END USER TERMS (the “EULA”), INCLUDING ANY REVISIONS BY MICROWAKE FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN YOU AND MICROWAKE GOVERNING THE USE OF THE APP. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD UNINSTALL THE APP FROM YOUR DEVICE IMMEDIATELY. To the extent there are conflicts between this EULA and the broader microwake Terms of Use or the Terms of Sale, as applicable, this EULA will control with respect to the use of and access to the App.
1. GOVERNING TERMS FOR THE APPS
This EULA supplements and incorporates (i) the Apple, Inc. terms and conditions (for future microwake app developments) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (ii) other microwake policies (“microwake Policies”), including the Terms of Use posted on the Sites. If any of the provisions of the Apple Terms or any applicable microwake Policies conflict with this EULA, this EULA will control, solely to the extent such terms apply to the App.
Notwithstanding the foregoing, this EULA is executed between you and microwake and not between you and any other party, including Apple for iOS users. microwake is not responsible for any applicable third-party agreement between you and any third-party, including your wireless provider.
2. LICENSE TO THE APP
Subject to this EULA, microwake grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and non-commercial use on your supported Device. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or the Content contained therein is prohibited. This EULA and associated license also govern any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
3. USER INFORMATION AND THE APP
You agree to: (a) provide true, accurate, current and complete information about yourself as required for purposes of registration (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. PERSISTENT LOG-IN
You have the option to use the “persistent log-in” feature, which allows you to remain logged-in while the App is closed to avoid having to reenter your log-in information each time you open the App. If you choose to exercise this option, you understand that anyone who gains access to your mobile device will be able to access and use all of the functionality as found on the App, including the payment functions. By agreeing to use of this feature you understand and agree that you are responsible for any charges or actions on your account.
5. NO INCLUDED MAINTENANCE, SUPPORT OR WARRANTY.
microwake may deploy changes, updates, or enhancements to the Apps at any time. You acknowledge that neither Apple (for iOS App) nor Google (for Android App) has an obligation to furnish any maintenance or support services in connection with the App.
YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTSHEET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The App is only available for supported Devices and might not work on every Device. Determining whether your Device is a supported or compatible Device for use of the App is solely your responsibility, and downloading the App is done at your own risk. microwake does not represent or warrant that the App and your device are compatible or that the App will work on your device.
microwake is not responsible for unauthorized use of your Device, including mobile payments made where the Device may have been lost or stolen even when you have notified microwake about the Device being lost or stolen.
For iOS App Users: In the event microwake failures to conform to any applicable warranty, you may notify Apple, and Apple will, if applicable, refund the purchase price for the App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
For Android App Users: MICROWAKE HAS CHOSEN TO NOT SUPPORT AN ANDROID APP AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. FURTHER, GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. CARRIER CHARGES
You hereby agree and acknowledge that your use of the App or website browsing may involve data charges which are your responsibility as between you and your wireless service provider.
7. PRIVACY OF YOUR INFORMATION
Some functionality of the App, including location-based services and functionality, may require the transmission of personal information provided by the you, including your name and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), GPS Location (“Your Information”). If you choose to use such functionality, you consent to the collection by microwake of Your Information and to the transmission of Your Information to microwake and, its agents and/or service providers and authorizes microwake, its agents and/or service providers to record, process and store Your Information as necessary for the App functionality and for purposes described in the microwake Privacy Policy located at Privacy Policy – MicroWake
You are solely responsible for maintaining the confidentiality and security of Your Information transmitted from or stored on a Device for purposes of the App. You agree to immediately notify microwake of any breach of security. microwake shall not be responsible for any losses arising out of the loss or theft of Your Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the App, unless such unauthorized or fraudulent transactions arises from microwake’s breach of its obligations under the Privacy Policy, this EULA and the microwake Policies, its negligence or wilful misconduct.
For further information concerning how we collect, use and disclose information pertaining to the App, see the microwake Privacy Policy.
8. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By downloading the App, you authorize microwake to send you (including via push notifications) information regarding the products and services made available through the App. You can review your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through your Device’s notification settings.
9. ACCEPTABLE USE, REVIEWS AND OTHER USER SUBMITTED CONTENT
Your use of the App and any Content contained therein and Your Information transmitted in connection with the App is limited to the contemplated functionality. You agree that your use of the App and any Content must comply with this EULA, including as applicable, Apple Terms and the microwake Policies.
10. SUSPENSION AND TERMINATION OF THE APPS
microwake reserves the right to suspend or terminate your access to the App at any time, including by means of no longer supporting or maintaining an App. You understand that if your account is suspended or terminated, you may no longer have access to the App.
11. INTELLECTUAL PROPERTY RIGHTS.
In the event of a third-party claim that the App, or your possession and use of the App, infringes such third party’s intellectual property rights, microwake will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Notwithstanding the foregoing, the App may utilize copyrighted materials, in particular open-source software, to make the App available to you. In such cases, the applicable copyright holder continues to own and determine how such software is further distributed. You may request a complete list of any applicable open-source software by contacting microwake.
12.THIRD PARTY BENEFICIARY
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
13. PRICING AND QUANTITIES
The App provides pricing for products that are carried by microwake via online sources only. The pricing shown to you through use of the App may only be good for purchases made online or through the App and may differ from in-store pricing.
Price and availability information is subject to change without notice. While microwake takes great care to ensure our information is accurate, mistakes may occur. When a mistake is noticed, microwake will correct it as soon as possible and notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product. microwake reserves the right to limit quantities. Not all products shown in the App or website or microwake social media pages are available online and may be found in store locations only, or vice vera.
C. MICROWAKE MEMBERSHIP TERMS
Where microwake Membership Program Terms and Conditions (“Membership Program Terms”) are subject to and made a part of the broader microwake Terms of Use and Terms of Sale, as applicable, and apply to your access to and participation in the microwake Membership Program (the “Membership Program”). You agree and acknowledge that microwake may process your personal information in connection with your participation in the Membership Program in accordance with our Privacy Policy.
The Membership Program is operated by microwake. Except as described herein, these Membership Program Terms do not alter in any way the broader Terms of Use, or terms or conditions of any other agreement you (“Member,” “you,” or “your”) may have with microwake for other products and services. To the extent there are conflicts between these Membership Program Terms and the broader microwake Terms of Use or the Terms of Sale, as applicable, these Membership Program Terms will control with respect to the Membership Program.
1. OVERVIEW OF MEMBERSHIP PROGRAM
The Membership Program consists of two levels (the “Membership Levels”): (1) a free-to-join level (the “MicroWake Essential Level”) available to all eligible guests with a microwake account (you can sign up online and this requires an email address); and (2) a subscription-related level (the “MicroWake Auto-Ship Level”) available to eligible guests who (i) have a microwake account (you can sign up online through the microwake website or microwake app, or via a unique email link), (ii) are the primary account owner of an active subscription with MicroWake Auto-Ship Level (“MicroWake Auto-Ship Discounted Subscription”). Note that the MicroWake Auto-Ship Level relates to benefits described as part of this microwake Membership Program and is distinct from the general MicroWake Essential Level Subscription, which is a subscription to use the basic services associated with microwake. Each of the Membership Levels offers benefits specific to Members meeting the eligibility conditions applicable to the relevant Membership Level.
2. CHANGES; MODIFICATIONS
microwake may change, modify, limit, and/or eliminate the Membership Program and/or all or any portion of these Membership Program Terms or any policy pertaining to the Membership Program from time to time and at its discretion, including the following: (a) the benefits offered to each Membership Level under the Membership Program; (b) the requirements for membership within each Membership Level; (c) the number of Membership Levels available; (d) the manner in which benefits are earned and redeemed; (e) the eligibility criteria; and (f) any dates, timelines or time periods relevant to these Membership Program Terms.
Should we make such an amendment, we will post the changes to the Membership Program Terms as required by applicable law and will indicate the date the Program was last revised.
In addition, where required by law or at our discretion, we will provide notice of such amendment to Members using email and/or your mailing address, or any other contact information we have for you in our discretion. Where required by law, this notice will be provided at least thirty (30) days before the amendment comes into effect and will set out, where required by law, the new clause, or the modified clause and how it read formerly, and the date on which the amendment will come into effect. You may refuse the amendment and rescind, or cancel your participation in the Membership Program without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice and by opting out of the Membership Program by following the instructions at Section 4. To the fullest extent permitted by applicable law, your continued participation in the Membership Program after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms the Membership Program, as revised.
Certain benefits may be available only online, on the microwake website, via the microwake app or social media sites, or on third-party platforms, as noted in Sections 5 and 6 below. microwake may, at its discretion, modify these benefits to make them available through additional channels, but it is under no obligation to do so and may choose not to expand the benefit beyond the initial availability.
3. ELIGIBILITY
To be eligible to participate in the Membership Program, you must (a) be a current resident of any location worldwide where Canada Post may ship to your address/ personal residence (b) be a natural person at least 18 years of age (or the age of majority in your jurisdiction of residence, whichever is older); and (c) have a microwake account (you can sign up online for free).
To be eligible to participate at the MicroWake Auto-Ship Level, in addition to satisfying the eligibility requirements (a) to (c) above, you must also (d) be the primary account owner of an active MicroWake Essential Level Subscription; (e) use the same email address for your microwake account and your MicroWake Auto-Ship Level Subscription; (f) accept the terms and conditions that the MicroWake Auto-Ship Discount Level and acknowledge and agree that this level is a paying subscription with Eligibility requiring acceptance and compliance with the Auto-Ship Subscription Terms of Service and a valid method of payment must be on file in your microwake account in order to recieve the quoted benefits and discounts as advertised online via the microwake website.
Membership benefits are only available while you are in the areas of shipping requirements as noted above and MicroWake has the right to cancel your membership and reverse payment if/ when deemed necessary for any reason if we are unable to deliver your products in a safe and timely manner. The Membership Program is intended for personal use only; commercial entities are not eligible to participate. Unless otherwise allowed by us, your Membership Program account and associated benefits may not be assigned, transferred, or shared with family or friends, and your account and associated benefits are not intended for purchasing items for resale. Employees of microwake and its affiliates are eligible to join the Membership Program, but some benefits may not be available–see the description of benefits in Sections 5 and 6 below for further details.
4. JOINING THE MEMBERSHIP PROGRAM; OPT-OUT
You can create your microwake account and join the Membership Program on the microwake website by providing the requested information and agreeing to these Membership Program Terms. If you already have an online account, you will be prompted at your next login to agree to these Membership Program Terms. If you have an account via the app, you can join the Membership Program by providing requested information and agreeing to these Membership Program Terms when prompted.
To enroll in the MicroWake Auto-Ship Level Program after you have satisfied the eligibility requirements outlined in Section 3 above, (1) sign up for a MicroWake Essential Level Subscription; and (2) follow the above steps to confirm enrollment in the Membership Program using the same email address associated with your MicroWake Essential Level Subscription. If you are already the primary account owner of a MicroWake Essential Level Subscription, you will only need to confirm enrollment in the Membership Program by following the above steps using the same email address associated with your MicroWake Essential Level Subscription. You may also enroll in the Membership Program at the MicroWake Essential Level first and then upgrade your Membership to the MicroWake Auto-Ship Level later by meeting the criteria of a MicroWake Auto-Ship Level account holder Subscription. Please allow 1-2 days for the system to update to your new Membership Level; if you encounter difficulties, please contact us via email at INFO@MICROWAKE.COM . Members must maintain an active MicroWake Auto-Ship Level account Subscription as the primary account owner to retain microwake All-Access Subscription Discount Level benefits. Membership will revert to the MicroWake Essential Level if your status as the active owner of the MicroWake Auto-Ship Level Subscription is paused, cancelled, or transferred. If you transfer your status as the primary account owner of a MicroWake Auto-Ship Level subscriber to another user (if permitted under the microwake Subscription Terms of Service), you will no longer be eligible for MicroWake Auto-Ship Level benefits, and the transferee will need to join the Membership Program to enjoy the benefits.
All Members who are not enrolled in the MicroWake Auto-Ship Level Subscription will be enrolled at the MicroWake Essential Level.
A current, valid email address is required for you to be able to participate in and receive benefits in connection with the Membership Program. To notify microwake of a change of email address, update your account information online on the microwake website.
You may opt out of the Membership Program at any time by cancelling your microwake account. To cancel your account, submit a deletion request via email at INFO@MICROWAKE.COM . If you cancel your account or if your participation in the Membership Program is otherwise terminated, you will not be able to use the benefits of the Membership Program, including in relation to purchases made while a Member of the Membership Program, and all such benefits will become void.
5. MEMBERSHIP PROGRAM BENEFITS – MICROWAKE ESSENTIAL LEVEL
Members enrolled at the Essential Level are eligible for the following benefits, each of which are subject to exceptions as noted:
No Exchange or Credit on Sale Items (“On sale items” include items discounted in-store products or online).
Items purchased with an employee discount, as a part of a special promotion, as part of a one-time promotion/ code, or at outlets or online warehouse sales are not eligible for returns.
Items in categories not eligible for returns under the GENERAL RETURN POLICIES, For clarity, items that are not eligible for returns under the general return policies solely because they are on sale items or consumables are not eligible for returns under this benefit.
At its discretion, microwake may exclude additional items or discounts from this benefit at any time.
Returns of any kind may not be made to our microwake online store. (*unless otherwise granted permissible via email contact support through reaching one of our team members at INFO@MICROWAKE.COM )
Unless otherwise stated in these Membership Program Terms, the provisions of the GENERAL RETURN POLICIES, such as return period, condition of returned items, etc., apply.
This benefit is not available to employees of microwake or its affiliates using an employee discount.
No Receipt-Free Returns= Subject to the GENERAL RETURN POLICIES, Members may not be eligible to return items purchased online or in-store without a receipt linked to their account at the time of purchases. Items purchased before Member’s enrollment into the Membership Program are not eligible for this benefit.
Early Access to Product Drops
Members will be given the ability to view and purchase select early access items before they are generally available in stores or online to customers not part of the Membership Program.
Early Access to Product Drops is initially limited to users of the MicroWake website and app. Purchases made in connection with this benefit may not be eligible for discounts, including an employee discount.
This benefit is not available to employees of microwake or its affiliates using an employee discount.
Community Events
Members may be able to register for specific periodic community events, which may be offered by microwake, or third parties, from time to time, at the discretion of microwake. Separate events may have separate requirements or terms, which will be disclosed with such event. This benefit may require Members to register on a third-party platform and agree to any terms and conditions for the use of that platform. Event schedules are subject to change and cancellation.
6. MEMBERSHIP PROGRAM BENEFITS – MICROWAKE AUTO-SHIP LEVEL
Members enrolled at the MicroWake Auto-Ship Level are eligible for all the benefits at the Essential Level plus the following benefits, each of which is subject to exceptions as noted:
Additional % Off Your Purchases
Members at the MicroWake Auto-Ship Level are entitled to an additional 10% discount on purchases made online via the microwake website or app, subject to the exclusions and limitations set forth below in this section. When purchasing online or via the website or app, the Member can apply this Member benefit by signing in online with the Member’s account, placing items in the shopping cart, and clicking the relevant discount toggle when completing the purchase to select “Auto-Ship” option (which will renew their order monthly or set-interval unless cancelled or terminated by the member/ user). For in-store purchases, this discount is not applied as each storefront is subject to their own unique terms and conditions thus pricing and discounts will vary by region or province. After the Member supplies the appropriate Membership account information (e.g., the Member’s e-mail address and/ or showing government-issued proof of identity) at the point-of-sale or to a microwake educator to connect the purchase with the Member’s account. Member would not be eligible for the 10% discount online, if the Member did not ensure that the discount toggle is on.
The 10% Off discount is available for regular-priced items but may also be stacked with other discounts while shopping online via the MicroWake website or app. For on sale items, the discount related to this benefit is calculated based on the original sale price (not the discounted price). The 10% Off discount is for purchases intended for MicroWake Auto-Ship Level Members’ personal use only and may not be combined with any other offers or discounts, other than on sale items and promotional discount coupons up to a maximum discount of 35% off the total product price. The 10% Off discount is not applicable for the MicroWake gift cards, or e-gift cards. Items purchased using the 10% Off discount may not be resold. We may limit the amount of spending subject to this discount or applicability to specified items at any time. See the MICROWAKE MEMBERSHIP PAGE/ SECTION for current limitations and further details.
This benefit may not be available to employees of microwake or its affiliates.
Initially, this benefit can only be accessed via the microwake website and by users of the microwake app or website. This benefit may not always be available to employees of microwake or its affiliates.
Early Access to Events
MicroWake Auto-Ship Level Members may (at microwake’s sole discretion) enjoy early access to events.
7. MEMBERSHIP PROGRAM COMMUNICATIONS
Unless you have opted out of receiving marketing communications, we may (at our option) communicate with you about marketing via mail, email, push notifications on the microwake app or website, and other channels, including special Member promotions, offers, and more. We may also use these channels to notify you when you are eligible for a benefit, communicate Membership Program changes, and more. Please note that even if you opt-out of receiving marketing or promotional communications, we may continue to send you transactional emails (e.g., notice emails and non-marketing or non-promotional emails), such as those about your account or our ongoing business relations.
8. MISCELLANEOUS
Without notice to you, other than as required by applicable law, we reserve the right to suspend or terminate your account and/or your participation in the Membership Program if we determine at our discretion that you have violated these Membership Program Terms or that the use of your account or your participation in the Membership Program is unauthorized, deceptive, fraudulent, unfair, or unlawful. For certainty, participation in the Membership Program in any manner that is unauthorized, deceptive, fraudulent, unfair, or unlawful is prohibited, and a breach of these Membership Program Terms. We may, at our discretion, suspend, cancel, or combine accounts that appear to be duplicative. Your participation in the Membership Program is voluntary, and you may withdraw at any time. The use of the word “include,” “includes,” or “including” is illustrative and not limiting.
You are responsible and liable for any applicable federal, state/provincial/territorial, and local income, sales, use, or other taxes which may result from your participation in the Membership Program.
The Membership Program Terms constitute the entire agreement between the Member and microwake regarding the Membership Program and supersede any prior written or oral terms related thereto.
QUESTIONS OR CONCERNS
If you have any concerns about material which appears on this Website, please contact us by emailing us at: INFO@MICROWAKE.COM