Audible Canada Service Conditions of Use
Last updated: January 31, 2020
This is an agreement between you and Audible, Inc. (with its affiliates, "Audible", "we" or "us") regarding the digital spoken word audio entertainment service operated by Audible (the "Service").
These Audible Canada Service Conditions of Use, the rules, policies and guidance we provide regarding the Service, and the following terms (collectively, as they may be changed over time, the “Terms”) form a part of this agreement and govern your use of the Service:
· Amazon.ca Privacy Notice; and
· Amazon.ca Interest-Based Advertising Policy, which applies to your use of the Service on Amazon.ca, Amazon devices, Amazon mobile applications and through other Amazon Services.
Audible is an affiliate of Amazon Services.com.ca, Inc. and the Service is an Amazon Service for the purposes of the Amazon.ca Conditions of Use. These Audible Canada Service Conditions of Use will take precedence over any conflicting provisions of the Amazon.ca Conditions of Use.
By signing up for or using the Service, you agree to the Terms.
Your Account; Notification Preferences
If you do not have an Audible or Amazon.ca account, you will need to establish an account with Amazon.ca to use the Service. The payment methods on file with your Amazon.ca account will be used for your Audible account. To manage your Audible notification preferences, please visit the Audible notification settings page.
As part of our Service, we may offer membership plans and may change them and their features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our website(s) or applications.
As part of a membership plan or a Service promotion, we may issue you credits redeemable for content on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. All Credits are valid for a limited time as described in the applicable membership and promotional terms and conditions. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.
Content you purchase will be available in your Audible library for you to access at your convenience. We encourage you to download a copy of your purchased content promptly after the completion of your purchase.
Promotional and Membership Content
We may make content available to you from time to time through the Service for which a purchase is not required. You will have access to this content only for so long as we make it available generally or, where it is provided as a benefit of a membership plan, for so long as you remain an active member of your plan in good standing. We may also remove this content from your account, devices and applications or otherwise restrict your ability to access it.
We may add or remove purchasable, promotional and membership content (collectively, "Content") from our catalog, membership plans and our Service at any time and make no guarantee as to the availability of specific Content in any membership plan or as to any minimum amount of Content in any membership plan. Some of our Content may be offered in limited territories, and we may use geofiltering technology to restrict access outside of those territories.
Fees and Renewal
Fees for purchased content, membership plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our help pages. The fees for membership plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms.
If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge that you want to cancel or do not want to automatically renew your membership or subscription, you understand it will automatically continue and you authorize us, or a third party through which you transact (without notice to you, unless required by applicable law), to collect the then-applicable fees and any taxes using any payment method we have on file for you.
If all payment methods we have on file for you are declined for payment of your membership or subscription fees, we may cancel your membership or subscription, as applicable, unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.
Membership and Subscription Cancellation
You may cancel your membership plan and any subscriptions by visiting your account details page provided on Audible.ca (your "Account Details") and adjusting your membership settings or subscription preferences (as applicable), or by contacting our Customer Service team. If you signed up for your membership using the Audible iOS mobile application, please visit this page for information on how to cancel your membership. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership is cancelled, but cancellation does not terminate your license and access to purchased content.
We reserve the right to accept or refuse membership or to restrict use of the Service in our discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.
You may not (i) transfer, copy or display Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any commercial or illegal purpose.
Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Residents of Quebec are not eligible for trial memberships. Quebec residents may be eligible for a membership offer that is only available to them. Trial members may, at any time (through your Account Details), choose not to continue to paid membership by cancelling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Credits or Content you may have received as part of the offer.
We may, in our discretion, change the Terms and all elements of them and any aspect of the Service without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your membership.
Termination by Us
Our business may change over time and we reserve the right to cancel the Service and any membership plan in whole or in part, and to terminate your membership and use of the Service at our discretion without notice to you. If we do so, we will give you a prorated refund based on the number of days remaining in your membership unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.
DISPUTES; LIMITATION OF LIABILITY
(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Audible and/or Amazon.ca will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(Not applicable to Quebec consumers) By using the Service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Washington, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Audible and/or Amazon.ca.
For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and Audible and/or Amazon.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
Any dispute or claim arising from or relating to these Terms or your use of the Service is subject to the governing law, class-action waiver, disclaimer of warranties, limitation of liability and all other terms in the Amazon.ca Conditions of Use.
1 Washington Park