AMAZON PRIME TERMS & CONDITIONS
LAST UPDATED JANUARY 8, 2013 Welcome to the terms and conditions ("TERMS ") for Amazon Prime. These Terms are between you and Amazon.com.ca, Inc. and/or its affiliates (" AMAZON.CA " or " US ") and govern our respective rights and obligations. The Terms, together with applicable terms and conditions related to your purchase and any promotional offers provided to you for use with Prime, constitute the entire agreement between you and Amazon.ca related to the Prime membership. Please note that your use of the Amazon.ca website and Prime membership are also governed by our Conditions of Use and Privacy Notice, as well as all other applicable terms, conditions, limitations, and requirements on the Amazon.ca website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Prime membership, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.
MEMBERSHIP BENEFITS
Prime members are entitled to Two-Day Shipping and other discounted shipping benefits on select ship options, such as One-Day and Express Shipping. Availability of shipping benefits depends on the products in your order, inventory availability, order deadlines, and in some cases the shipping address.
One-Day and Two-Day shipping are terms we use to determine your estimated delivery date (and do not reflect product availability or our estimated shipping date).
One-Day and Two-Day Shipping apply to business days. Our carriers usually do not pick-up or deliver packages on weekends or holidays.
Prime members may receive FREE Standard or discounted Express and Priority Shipping in areas where One-Day and Two-Day Shipping are not available
We may ship the products by ground or air at our discretion. (These terms do not correspond to any carrier-branded shipping services.)
We do not guarantee delivery of products within the estimated transit time or by the estimated delivery date.
For additional information on the shipping benefits available, see the Amazon Prime Help Page.
ELIGIBLE PURCHASES
Prime shipping benefits are limited to certain products sold by Amazon.ca (or third-party merchants participating in Prime through the Fulfillment by Amazon program) on the Amazon.ca website. Products eligible for Prime will be designated as such on their product pages. Some special product, order, handling fees, and/or taxes may still apply to eligible purchases. If only some items in your order are eligible for Prime, you will pay applicable shipping charges for the ineligible items. Changing or combining orders, or changing your shipping address, speed, or preferences might affect Prime eligibility. Certain Prime eligible purchases may only be entitled to Standard shipping because of their size, weight, and other shipping characteristics.
Products sold and fulfilled by third parties on the Amazon.ca website, or through third-party areas such as Marketplace, are NOT eligible for Prime. We may also exclude products with special shipping characteristics at our discretion. The Prime section of our Help pages provides information about eligible items, shipping cost, shipping speed, and shipping destinations.
OTHER LIMITATIONS
We reserve the right to accept or refuse membership in our discretion.
You may not transfer or assign your Prime membership or any Prime benefits.
Prime members are not permitted to purchase products for the purpose of resale or to ship to their customers or potential customers using Prime benefits.
From time to time, Amazon may choose in its sole discretion to add or remove Prime membership benefits from paid or free promotional programs.
FEES AND RENEWAL
The annual membership fee for Prime is stated in the Prime section of our Help pages. From time to time, we may offer different membership terms, and the fees for such membership may vary.
The Prime membership fee is non-refundable except as expressly set forth below. Taxes may apply on either or both of the membership fee and the reduced shipping charges for Prime.
Only credit cards are eligible for payment of your Prime membership. Do not sign up for Prime with a debit card. Also known as a "check" or "ATM" card, a debit card typically has the word "debit" printed on the face of the card. MasterCard uses a unique debit hologram above the MasterCard logo. Visa identifies its debit cards as check cards and prints the word debit near the Visa logo.
If all credit cards we have on file for you are declined for payment of your membership fee, you have 30 days to provide us a new credit card or your membership will be cancelled. If you provide us with a new card and are successfully charged within 30 days, your new membership period will be based on the original renewal date and not the date of the successful charge.
OUTSIDE QUEBEC, UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PRIME MEMBERSHIP WILL CONTINUE AND AUTOMATICALLY RENEW EVERY TWELVE MONTHS, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING THE CREDIT CARD YOU PROVIDED WHEN YOU SIGNED UP OR, IF WE CAN NOT SUCCESSFULLY CHARGE THIS CARD, ANY CARD WE HAVE ON RECORD FOR YOU IN YOUR ACCOUNT.
RESIDENTS OF QUEBEC, UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL, YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING THE CREDIT CARD YOU PROVIDED WHEN YOU SIGNED UP, OR IF WE CAN NOT SUCCESSFULLY CHARGE THIS CARD, ANY CARD WE HAVE ON RECORD FOR YOU IN YOUR ACCOUNT. YOUR MEMBERSHIP WILL EXPIRE AT THE END OF THE MEMBERSHIP PERIOD. IF YOU CHOOSE TO RENEW YOUR MEMBERSHIP, YOU WILL RECEIVE A 12-MONTH MEMBERSHIP AT THE THEN-APPLICABLE FEE. RESIDENCY IS DETERMINED BY YOUR BILLING ADDRESS AT THE TIME YOU SIGN UP.
MEMBERSHIP CANCELLATION
You may cancel your subscription at any time. We will refund your full membership fee if you cancel your Prime membership before you have made any eligible purchases and before you have taken advantage of any Prime benefits. You are not entitled to any refund if you cancel after you have made any eligible purchases or after you have taken advantage of any Prime benefits. If you do not wish to continue after the current membership period, select 'Do not renew' from 'Your Account' before your next renewal date. If you are a resident of Quebec, your membership will expire at the end of each membership period.
PROMOTIONAL TRIAL MEMBERSHIPS
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.
AGREEMENT CHANGES
We may in our discretion change these Terms, Amazon.ca's Conditions of Use and Privacy Notice, or any aspect of Prime membership by posting revisions on Amazon.ca with no additional notice to you. Please check back frequently to see the Terms, Conditions of Use and Privacy Notice then in effect. YOUR CONTINUED USE OF YOUR AMAZON PRIME MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
If any current or future provision of these Terms is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provision of these Terms.
TERMINATION BY US
We may terminate your Prime membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms, Amazon.ca's Conditions of Use or any applicable law, involves fraud or misuse of the Prime membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
LIMITATIONS OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN AMAZON.CA'S CONDITIONS OF USE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO PRIME. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PRIME MEMBERSHIP.
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