Subscription Terms and Conditions

SUBSCRIPTION TERMS AND CONDITIONS

Last updated July 1st, 2019

These Subscription Terms and Conditions (these “Terms”), together with our website’s Terms of Use and our mobile app End User License Agreement, as applicable, govern all of the MINI PAK’R subscription offerings and memberships made available on our website (“Site”) or our mobile apps (“Apps”), provided by MINI PAK'R, a Free-Flow Packaging International, Inc. company, dba MINI PAK'R (together with its affiliates, “MINI PAK’R,” “we,” “us,” or “our”).

By purchasing subscription services or a membership through the Site or Apps, you agree on behalf of yourself and any organization or company that you represent that you have read and understand these Terms, our Terms of Use or our Apps’ End User License Agreement (as applicable), and our Privacy Policy.

MINI PAK’R reserves the right to amend these Terms at any time by posting amended Terms on the Site or Apps. All modifications will be effective immediately upon posting to the Site or Apps. By accessing or using the Site or Apps after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site or Apps or otherwise communicated to you.

  1. Definitions.

Client” or “you” means the person, firm or company or any other entity that orders the Products from MINI PAK’R.

Fees” means the money due and owing to MINI PAK’R for Products and Client’s MINI PAK’R subscription, including any order processing charge and as set forth in the Order Confirmation.

Products” means any products made available via the Site or Apps.

Order Confirmation” means the order form or confirmation email which MINI PAK’R sends to the Client to confirm that MINI PAK’R has accepted the Client’s order and which identifies the name of the Client, Product(s) being supplied, delivery information, Fees, term and any terms or conditions unique to the particular Products to be supplied thereunder. An order is deemed accepted when MINI PAK’R ships the Products ordered or, if earlier, when MINI PAK’R provides you with an Order Confirmation.

  1. Fees. Fees are non-refundable except as expressly provided in our Return Policy. MINI PAK’R reserves the right to modify the fees for products purchased on a subscription basis at any time after the expiry of the first month of your subscription period by providing at least 30 days’ prior notice to you; provided such change will occur no more than once in any 12-month period.

  2. Machine Rental. Your MINI PAK’R subscription includes the rental of one or more MINI PAK’R air cushion machines (“Rented Equipment”), including related accessories. MINI PAK’R grants to Client a limited, nontransferable, nonassignable, nonsublicensable, revocable license to use the Rented Equipment in accordance with all applicable instructions and manuals for Client’s internal business use only and for the limited number of authorized users stated in the Order Confirmation, if any. Client will not copy, distribute, transfer, sell, license, lease, give, disseminate in any form, assign (whether directly or indirectly, including by operation of law), or otherwise reproduce, disclose or make available to others the Rented Equipment.

  3. Term. The initial term of any Product subscription commences on the start date as stated in the Order Confirmation and continues for the term identified in the Order Confirmation.  The initial term will automatically renew for successive renewal terms of identical length, unless noted otherwise in the Order Confirmation, and next payment of Fees will also be automatically collected by charging your credit or debit card on file with MINI PAK’R, unless either party provides the other with written notice of its intent not to renew at least 24 hours prior to the end of the initial or any renewal term. You can terminate your subscription at any time by calling MINI PAK’R at 888-454-5895, or, by canceling your subscription through the subscription portal on minipakr.com in which event you will be required to return the Rented Equipment to MINI PAK’R in good operating condition, at your own expense, as set forth below. Additionally, MINI PAK’R may terminate or suspend a Product subscription at any time during the term for any reason, in its sole discretion and without notice or liability, including if you breach these Terms, upon any unauthorized use of the Rented Equipment, or if you act in a manner inconsistent with applicable laws or regulations.

  4. Upon Termination of Subscription. Upon any termination of a MINI PAK’R subscription for any reason, you must, within 15 days, either (a) return the Rented Equipment to MINI PAK’R in its original, undamaged condition at your own expense; or (b) purchase the Rented Equipment by contacting MINI PAK’R by phone at 888-454-5895, in which event your credit or debit card on file will be charged for the full price of the Rented Equipment. If we do not receive all Rented Equipment in its original, undamaged condition nor receive your request to purchase the Rented Equipment within that 15-day period, we will, and you hereby authorize us to, charge your credit or debit card on file for the full price of such Rented Equipment.

  5. Machine Use Restrictions. Client must not remove any proprietary legends or markings, including altering MINI PAK’R machines in any way, or any MINI PAK’R-specific markings on the Rented Equipment. Client will take any and all actions that may reasonably be required by MINI PAK’R to protect such proprietary rights. No part of the Rented Equipment may be reproduced, in any form or by any means.

  6. Delivery. Any dates specified in the Order Confirmation for delivery of the Products are intended to be an estimated time for delivery only and shall not be of the essence. MINI PAK’R shall not be liable for any delay in the delivery of the Products. Unless otherwise agreed by the parties, packing and carriage charges are not included in the Fees and will be charged separately, unless agreed to prior to the order being placed. If special arrangements are required, then MINI PAK’R reserves the right to impose additional charges.

If for any reason MINI PAK’R is unable to deliver the Products on time due to Client’s failure to provide appropriate instructions, documents or authorizations etc., the Products will be deemed to have been delivered and MINI PAK’R may store the Products until actual delivery, whereupon the Client will be liable for all related costs and expenses.

  1. Returns. No returns of purchased Products will be accepted by MINI PAK’R except as provided in our Return Policy.

  2. Compliance. Client represents and warrants that it will not directly or indirectly engage in any acts that would constitute a violation of United States laws or regulations governing the export of United States products and technology.

Client will comply with all applicable country laws relating to anti-corruption and anti-bribery, including the US Foreign Corrupt Practices Act. Client represents and affirms that no bribes or corrupt actions have or will be offered, given, received or performed in relation to the procurement or performance of these Terms. For the purposes of this clause, “bribes or corrupt actions” means any payment, gift, or gratuity, whether in cash or kind, intended to obtain or retain an advantage, or any other action deemed to be corrupt under the applicable country laws.

  1. Entire Agreement.All Products are subject to these Terms and our Terms of Use or mobile app End User License Agreement, as applicable, to the exclusion of any other terms which would otherwise be implied by trade, custom, practice or course of dealing. Nothing contained in any Client-issued purchase order, acknowledgement, terms and conditions or invoice will in any way modify or add any additional terms to these terms and conditions.

  2. Disputes. Any dispute or claim arising out of or in connection with these Terms will be governed resolved by as described in our Terms of Use or mobile app End User License Agreement, as applicable.