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Terms & ConditionsuOpen is operated from the United Kingdom by Jellyfish Connect Ltd whose registered office is at Jellyfish House, 31 London Road, Reigate, Surrey RH2 9SS.
1. uOpen Services
uOpen Services includes the uOpen website (www.uOpen.com) and account and payment Services which provide the capability to purchase and manage ongoing subscriptions to subscription boxes.
2. Your usage of uOpen Services
As a consumer, by using uOpen Services, you agree that you will only use them for your own personal and non-commercial use.
3. Your uOpen Account
Certain uOpen Services are only available when you register and set up a uOpen Account using your name and a unique email address and password. By registering and setting up a uOpen Account, you certify that you are not using anyone else’s name, email address or password. You agree to provide and maintain true, accurate, current and complete information in your Account at all times, you are responsible for maintaining the confidentiality of your Account, and you accept responsibility for the activities that occur under your Account, including the selection and purchase of subscription boxes and use of uOpen Services. If you have any reason to believe that there has been any unauthorised access to your Account at any time, please change your password as soon as possible.
4. Your Contract
uOpen acts as a sales agent and payment processor for the subscription boxes featured and available through uOpen Services but does not create the boxes or arrange for their delivery. The Product Owners (the subscription box merchants/sellers) are responsible for sourcing the products and services in the subscriptions boxes, for their creation and for their delivery to you. By submitting an order to purchase, you are making an offer to order or subscribe to that subscription box. Your Contract will be with uOpen, but no contractual obligations will arise until your offer to buy or subscribe is confirmed to you by uOpen.
5. Subscription Box Contents
As a sales agent and payment processor for the Product Owners, uOpen has no control over Box Contents. Any products or services supplied or made available by Product Owners in subscription boxes featured and sold through uOpen are sourced and provided by the Product Owners and not by uOpen. uOpen does not guarantee the quality or usefulness of any Box Content, nor will it be liable for any loss or damage caused by your use of them. You are solely responsible for understanding any specific terms and conditions that may apply to any Box Content.
6. Prices and taxes
Prices quoted include taxes (where applicable) and are set by Product Owners, not by uOpen. If you purchase a subscription from a specific country, you are confirming that you live and pay tax in that country.
7. Auto-renew subscriptions
When you purchase a subscription, your chosen subscription term will automatically renew unless you actively cancel the auto-renewal at least 24 hours before it is due to renew. If you paid the full rate when first purchasing a subscription, you will be charged at the same rate upon renewal. If you paid a discounted rate when first purchasing a subscription, you will be charged the full subscription rate upon renewal. In both cases, the renewal subscription term will be as per your initial purchase. However, if you purchase a gift subscription and tick ‘Do not renew’ prior to ordering, this will not automatically renew.
8. Payment options and security
uOpen accepts payment by debit card, credit card, PayPal. For debit and credit card payment processing, uOpen uses hosted payment services provided by MPP Global Solutions Ltd and Stripe Payments Uk Ltd to ensure a very high level of payment security and protection. Any credit or debit card information you provide is encrypted using Secure Socket Layer (SSL) technology ensuring your credit or debit card details are safe and secure, and processing meets the requirements of the Payment Card Industry Data Security Standard (PCI) which was created to ensure that organisations that process card payments prevent fraud. PayPal payments are processed securely through PayPal according to the User Agreement you have with PayPal.
9. Use of your data by uOpen
10. Use of your data by Product Owners
11. Refund policy
Refunds can not be issued for any active subscription or subscription period, but if you turn off any auto-renewing subscriptions at least 24 hours before they are due to renew, this will stop any further payments being taken. Where there has been a specific issue with damaged items in a box or with non-delivery, refund requests may be considered by uOpen and an administration fee may be applied in cases where they are approved.
12. Free gifts with purchase
From time to time uOpen or a Product Owner may offer a free gift with purchase of certain subscription boxes or for purchasing using only certain payment methods or selecting only certain offer types. All will be subject to stock availability and will be time limited. uOpen and Product Owners reserve the right to substitute any free gifts with a suitable alternative. Some free gifts will only be sent after your first payment has been collected. Delivery of free gifts may be separate to the delivery of subscription boxes. In some cases you may be required to enter a code into a third party website to obtain your gift. Where uOpen offers a free gift with purchase, separate and specific terms and conditions will be published on uOpen.
13. Money off, % off and other discount offers
From time to time uOpen or a Product Owner may offer money off, % off or another discount offer. These offers may be limited to purchases of certain subscription boxes or purchasing using only certain payment methods or selecting only certain offer types or only apply to the first box in a subscription term. All such offers will be time limited, cannot be used in conjunction with any other promotion and can only be used at the time of purchase and not retrospectively. In some cases you may be required to enter a specific code or tick a specific box to be entitled to the discount or offer. Where uOpen offers money off, % off and other discount offers, separate and specific terms and conditions will be published on uOpen.
14. uOpen gift vouchers
uOpen gift vouchers expire 12 months after the date of purchase and require the recipient of the voucher to enter a specific and unique code into uOpen in order to activate the subscription or for a box to be sent. uOpen gift vouchers cannot be exchanged for cash and are neither a credit, charge or cheque guarantee card. uOpen cannot be held liable for vouchers which are lost, stolen or damaged, this includes vouchers used without your knowledge. Only vouchers purchased through uOpen can be activated through uOpen.
15. Restricted items
Certain subscription boxes featured on uOpen contain products or services requiring proof of age, such as alcohol or other restricted items, and these can only be ordered if you are 18 or over. Before purchasing these through uOpen, you must certify that you are 18 or over, and uOpen reserves the right to check evidence of age before approval is given for the subscription box to be delivered to you by the Product Owner.
Whilst every effort is taken to ensure that the information on uOpen is accurate, box content descriptions and prices of the subscription boxes featured are provided by the Product Owners. uOpen therefore accepts no responsibility for the accuracy of the information and is not responsible for any errors or omissions. Box and product images may also purely be for illustrative purposes only.
17. Intellectual property
All content included on uOpen and provided as part of the uOpen Services such as text, graphics, logos, button icons, images, as well as the compilation thereof, and all software and applications used, is the property of Jellyfish Connect Ltd or its associates or suppliers and is protected by international copyright laws. You agree to abide by all copyright notices, legends or other restrictions contained in any such content and will not make any changes thereto. Each Product Owner owns the intellectual property of any subscription boxes made available to you through uOpen Services.
Reference to, or inclusion of, any Product Owner’s product or service does not constitute endorsement by uOpen of such Product Owner or the quality of the Box Content it provides.
19. Modifications to uOpen Services
uOpen reserves the right to modify or discontinue, temporarily or permanently, the uOpen Services (or any part thereof) with or without notice at any time. uOpen shall not be liable to you or to any third party for any modification, suspension or discontinuance of the uOpen Services.
20. Termination by uOpen
uOpen may, at its sole discretion and without liability, terminate your Contract or uOpen Account or use of uOpen Services for any reason, including, without limitation, if uOpen believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. In this situation, any termination may be effected without prior notice, and uOpen may immediately deactivate or delete your Account and all related information and/or restrict any further access to uOpen Services and will not issue refunds for any remaining portions of any subscriptions which have not been serviced.
21. Notification of changes to Terms and Conditions
From time to time, these Terms and Conditions may be changed to keep them up to date with either new or current products or services or appropriate legislation. If uOpen makes any material changes, you will be sent a service email notification describing such changes and in these circumstances if you do not wish to accept the changed Terms and Conditions, you may immediately cancel the auto-renewal of any uOpen subscription or terminate your uOpen Account. However any access or use of any uOpen Services subsequent to such an update or email notification will signify your assent to be bound by such changes.
22. English law
English law shall govern your use of uOpen and uOpen Services.
23. US Residents – Arbitration Clause
Dispute Resolution for U.S. Residents: IF YOU ARE A UNITED STATES RESIDENTS, PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT. FOR THE AVOIDANCE OF DOUBT, THIS SECTION IS ONLY APPLICABLE TO U.S. RESIDENTS.
23.1 Informal dispute resolution procedure
If a dispute arises between you and Jellyfish, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: Attention General Counsel firstname.lastname@example.org. For any dispute that Jellyfish initiates, we will send our written description of the dispute to the email address associated with your Jellyfish account. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Jellyfish agree to the further dispute resolution provisions below.
The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
23.2 Mutual arbitration agreement
You and Jellyfish agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including its formation, performance, and breach) or payments by or to Jellyfish, or that in any way relate to the provision or use of the Website, your relationship with Jellyfish, or any other dispute with Jellyfish, shall be resolved exclusively through binding arbitration in accordance with this Section 23 (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth in Sections 23.10 and 23.11). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Jellyfish expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
Except as set forth in this Section 23.2, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement (including these Terms) and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.
Notwithstanding the parties' decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction, regardless of what forum the filing party initial chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.
You and Jellyfish agree to submit to the personal jurisdiction of any federal or state court in Baltimore, MD in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
Except as set forth in Section 23.3 below, if any provision of this Arbitration Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions thereof remain in full force and effect.
THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM, AND THAT RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND JELLYFISH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
23.3 Class arbitration and collective relief waiver
YOU AND JELLYFISH ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN THIS SECTION 23.3 AND SECTION 23.7 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER CONSOLIDATED ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY'S CLAIM, UNLESS JELLYFISH PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.
If there is a final judicial determination that either the Class Arbitration Action and Collective Relief Waiver or the provisions in Section 23.7 are not enforceable as to a particular claim or request for relief, then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or Jellyfish from participating in a class-wide settlement of claims.
23.4 Arbitration rules
The arbitration will be administered by National Arbitration and Mediation (“NAM”) and resolved before a single arbitrator. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider, but in no event shall any arbitration be administered by the American Arbitration Association. Except as modified by this “Dispute Resolution” provision, NAM will administer the arbitration in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation's Commercial Dept at email@example.com.
23.5 Initiating arbitration
Only after the parties have engaged in a good-faith effort to resolve the dispute in accordance with the Informal Dispute Resolution Procedure provision, and only if those efforts fail, then either party may initiate binding arbitration as the sole means to resolve claims using the procedures set forth in the applicable NAM rules. If you are initiating arbitration, a copy of the demand shall also be emailed to General Counsel firstname.lastname@example.org. If Jellyfish is initiating arbitration, it will serve a copy of the demand to the email address associated with your Jellyfish account or the email that Jellyfish has on file for you. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with the Informal Dispute Resolution Procedure contemplated by this Agreement.
23.6 Arbitration location and procedure
If you are a resident of the United States the arbitration will be conducted in the county where you reside, and if you are not a resident of the United States the arbitration shall be conducted in Baltimore, MD, United States of America, unless you and Jellyfish otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Jellyfish submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Jellyfish (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).
23.7 Batch arbitration
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with Section 23.4 if NAM is unavailable) against Jellyfish within reasonably close proximity (“Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by NAM (or another arbitration provider selected in accordance with 23.4 if NAM is unavailable) in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 100 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Jellyfish and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (vi) that the staged process of batched proceedings, with each set including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with Jellyfish and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Jellyfish otherwise consents in writing, Jellyfish does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in section 23.3 above and this section 23.7. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
23.8 Arbitrator's decision
The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum's rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with section 23.3 above and also must be consistent with the terms of the “Limitation of Liability” section of the Agreement as to the types and the amounts of damages or other relief for which a party may be held liable. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.
You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Section 23.7), provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section 23.9 while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.
23.10 Right to opt-out of the Arbitration Agreement
IF YOU DO NOT WISH TO BE BOUND BY THE “ARBITRATION AGREEMENT” AS SET FORTH IN THIS “DISPUTE RESOLUTION” SECTION 23, THEN(1) you must notify Jellyfish in writing within thirty (30) days of the date that you first use the Website or Services or otherwise become subject to this Arbitration Agreement (or any subsequent changes to the provisions of the section titled “Dispute Resolution”); (2) your written notification must be mailed to Legal Department or emailed to email@example.com; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, if applicable and (d) a clear statement that you wish to opt out of this Arbitration Agreement. Jellyfish will continue to honor any valid opt outs if you opted out of arbitration in a prior version of the Agreement pursuant to the requirements set forth in that version. If you do not timely opt out of this Arbitration Agreement, such action shall constitute mutual acceptance of the terms of these “Dispute Resolution” provisions by you and Jellyfish.
Jellyfish will provide thirty (30) days’ notice of any changes to this “Dispute Resolution” section by posting the change on Jellyfish's website, or providing any other notice in accordance with legal requirements. Any such changes will go into effect 30 days after Jellyfish provides this notice and apply to all claims not yet filed. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If Jellyfish changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Website 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 23.10.
24. International users and usage
uOpen and uOpen Services are controlled, operated and administered by Jellyfish Connect Ltd from its offices within the United Kingdom. If you access any uOpen Services from a location outside the United Kingdom, you are responsible for compliance with any appropriate local laws that may apply.
Please refer to our FAQs page here.
uOpen c/o Jellyfish Connect Ltd, Jellyfish House, 31 London Road, Reigate, Surrey, RH2 9SS, United Kingdom
Terms and Conditions last updated: 14th November 2018