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 Conditions of Use;
· 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.
Membership Plans
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.
Credits
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.
Purchased Content
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.
Content Availability
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.
Service Restrictions
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.
Content Restrictions
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.
Agreement Changes
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.
Audible Address
Audible, Inc.
1 Washington Park
Newark, NJ
07102
USA