Terms of Service

Overview

Welcome to Benny’s Club!

Throughout these Terms, the terms “we,” “us,” and “our” refer to Benny’s Club.

Benny’s Club operates this online store and website, including all related information, content, features, tools, products, and services offered to you (collectively, the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when using our Services.

Please read these Terms carefully before accessing or using our website. By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our Services.

Section 1 – Access and Account

By agreeing to these Terms, you confirm that you are at least the age of majority in your province or territory of residence, or that you have given permission for any minor dependants to use the Services under your supervision.

When using our Services or placing an order, you may be asked to provide information such as your email address, billing information, shipping address, and payment details.

You agree that all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality and security of your account information and for all activities carried out through your account.

Section 2 – Our Products

We do our best to display and describe our products as accurately as possible.

However, colours and product appearance may vary slightly depending on your device, screen settings, lighting, or other factors.

We cannot guarantee that every product will appear exactly as displayed on your screen.

Product descriptions, prices, availability, and other information may be changed at any time without prior notice.

We also reserve the right to discontinue products or limit quantities available to any person, household, geographic region, or jurisdiction.

Section 3 – Orders

When you place an order with Benny’s Club, you are making an offer to purchase the selected products.

We reserve the right to accept, reject, limit, or cancel an order where reasonably necessary, including in cases involving suspected fraud, incorrect pricing, product availability, or payment issues.

Your order is considered accepted once we have confirmed and processed it.

Please review your order carefully before completing your purchase. Once an order has entered processing or fulfilment, we may not be able to change or cancel it.

If we need to modify or cancel an order, we will attempt to contact you using the information provided during checkout.

Returns and refunds are handled according to our Return & Refund Policy.

Products purchased through Benny’s Club are intended for personal or household use and not for commercial resale.

Section 4 – Pricing and Billing

Prices, discounts, and promotions may change without prior notice.

The price charged for a product will be the price displayed at checkout when your order is placed.

Unless otherwise stated, applicable shipping costs, taxes, duties, or other charges may be calculated separately.

You agree to provide current, complete, and accurate purchase and payment information for all orders placed through our store.

You confirm that you are authorized to use the payment method provided and that the information submitted is accurate.

Section 5 – Shipping and Delivery

We aim to get every Benny’s Club order to its new home as smoothly as possible.

All delivery times displayed on our website are estimates and are not guaranteed.

Delivery may occasionally be affected by circumstances outside our reasonable control, including carrier delays, customs processing, severe weather, or other unexpected events.

For more information about delivery times and shipping, please review our Shipping Policy.

Section 6 – Intellectual Property

All content available through Benny’s Club, including our brand name, characters, logos, illustrations, designs, graphics, text, photographs, videos, product content, and website design, is owned by or licensed to Benny’s Club or the relevant rights holder and is protected by applicable intellectual property laws.

This includes the Benny’s Club brand and its characters, including Benny, Milo, and Nola, to the extent that Benny’s Club owns or holds rights to such content.

You may use our website for personal, non-commercial purposes only.

You may not reproduce, copy, distribute, modify, republish, sell, or commercially exploit our content without prior written permission.

Third-party names, trademarks, and intellectual property displayed through our Services remain the property of their respective owners.

Section 7 – Optional Tools

We may provide access to tools, applications, or services offered by third parties.

We do not necessarily control these third-party tools and provide access to them on an “as is” and “as available” basis.

Your use of third-party tools is at your own discretion and may also be subject to the terms and policies of the relevant provider.

We may introduce new features, tools, or services in the future. These will also form part of the Services and may be subject to these Terms.

Section 8 – Third-Party Links

Our Services may contain links to third-party websites or services.

We are not responsible for the content, accuracy, products, services, policies, or practices of third-party websites.

If you choose to visit or purchase from a third-party website, you do so subject to that third party’s terms and policies.

Questions or complaints regarding third-party products or services should be directed to the relevant third party.

Section 9 – Relationship with Shopify

Benny’s Club is powered by Shopify, which provides the ecommerce technology that enables us to offer our Services.

However, purchases made through our store are transactions directly between you and Benny’s Club.

Shopify is not the seller of the products offered by Benny’s Club and is not responsible for fulfilling your order or providing our products.

Section 10 – Privacy

Personal information collected through our Services is handled in accordance with our Privacy Policy.

Because our store is hosted by Shopify, Shopify may also collect and process certain personal information relating to your access to and use of our store in order to provide and improve its services.

Information may be processed by service providers located outside your province, territory, or country.

Please review our Privacy Policy for more information about how personal information is collected, used, shared, and protected.

Section 11 – Reviews and Feedback

If you submit reviews, ideas, suggestions, photographs, comments, or other feedback to Benny’s Club, you confirm that you have the right to provide that content.

You agree that we may use, reproduce, adapt, publish, display, or distribute such feedback for purposes related to operating, improving, or promoting Benny’s Club, subject to applicable law.

Your feedback must not violate the rights of others, contain unlawful or abusive material, impersonate another person, or contain malicious software.

We reserve the right to remove content that violates these Terms or applicable law.

Section 12 – Errors and Inaccuracies

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping costs, or delivery estimates.

We reserve the right to correct errors, update information, or cancel affected orders where appropriate.

Section 13 – Prohibited Uses

You may not use Benny’s Club or its Services:

• for unlawful or fraudulent purposes;
• to violate applicable laws or regulations;
• to infringe our intellectual property rights or those of others;
• to harass, threaten, abuse, or harm another person;
• to provide false or misleading information;
• to distribute spam, malware, viruses, or other harmful code;
• to impersonate another person or organization;
• to collect personal information about others without authorization;
• to interfere with the security or proper operation of our website; or
• to attempt to gain unauthorized access to our systems or Services.

We reserve the right to restrict or terminate access to our Services where these Terms are violated.

Section 14 – Automated Agents

Automated or semi-automated software, bots, agents, scrapers, or similar technologies may not access or interact with our Services in a way that circumvents security measures, access restrictions, CAPTCHAs, or other protections.

We may restrict or block automated access where reasonably necessary to protect Benny’s Club, our customers, or our Services.

Section 15 – Termination

We may suspend or terminate access to our Services if these Terms are violated or where reasonably necessary to protect our business, customers, or Services.

Any obligations or liabilities incurred before termination will continue to apply where appropriate.

Provisions that by their nature should survive termination will remain in effect.

Section 16 – Disclaimer of Warranties

We aim to provide accurate and reliable information through Benny’s Club, but we cannot guarantee that our website or Services will always be uninterrupted, error-free, or completely accurate.

Except where otherwise required by applicable law, our Services are provided on an “as is” and “as available” basis.

Nothing in these Terms is intended to exclude or limit any warranty, guarantee, or consumer right that cannot legally be excluded.

Section 17 – Limitation of Liability

To the fullest extent permitted by applicable law, Benny’s Club and its partners, employees, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential losses arising from your use of the Services.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Your rights under applicable Canadian consumer protection laws remain unaffected.

Section 18 – Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Benny’s Club, Shopify, and our respective partners, employees, contractors, service providers, and licensors from third-party claims arising from your material violation of these Terms, applicable law, or the rights of another party.

Section 19 – Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The remaining provisions will continue to remain valid and enforceable.

Section 20 – Waiver and Entire Agreement

If we do not immediately exercise or enforce a right under these Terms, this does not mean that we waive that right.

These Terms, together with the policies referenced on our website, constitute the agreement between you and Benny’s Club regarding your use of the Services, subject to any rights that cannot be excluded under applicable law.

Section 21 – Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations where permitted by applicable law, including in connection with a restructuring, merger, acquisition, or transfer of our business.

Section 22 – Governing Law

These Terms and any separate agreements through which Benny’s Club provides Services are governed by the laws applicable to the business operating Benny’s Club, subject to any mandatory consumer protection rights that apply to customers in their province or territory of residence.

Nothing in these Terms is intended to deprive Canadian consumers of rights or protections that cannot legally be waived.

Section 23 – Headings

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of these Terms.

Section 24 – Changes to These Terms

We may update these Terms from time to time.

The most current version will always be available on this page.

Where required by applicable law, we will provide appropriate notice of material changes.

Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

Section 25 – Contact Information

Questions about these Terms can be sent to:

Benny’s Club
Email: hello@bennysclub.co
Website: bennysclub.co