CA SMS Marketing Terms

Text Messaging

 

15.1.  Text messaging consent and terms. This Section 15.1 applies to all recipients. If you are located in Canada, Section 15.5 also applies, and Section 15.5 controls in the event of any conflict. By voluntarily providing your mobile phone number to Our Place and agreeing to receive text messages, whether that election is made via an opt-in checkbox, submitting your phone number to a designated form, requesting enrollment via text message or another affirmative method, you expressly agree that Our Place and those acting on our behalf (including our messaging service provider) may send you recurring automated text (SMS) messages or MMS messages at the phone number you provided us for marketing and promotional purposes, even if that number is registered on any state or federal Do Not Call list, to the extent permitted by applicable law, and you authorize Our Place and those acting on our behalf to send those messages using an automatic telephone dialing system or other automated technology. We will not sell, rent, or share your text messaging opt-in data or consent status with third parties for their own marketing, advertising, or other purposes unrelated to providing our messaging services. Our collection and use of the information you provide in connection with our text message programs is described in our Privacy Policy. Any dispute arising from or relating to text messages sent or received under this Section 15 is subject to the Mandatory Arbitration and Class Action Waiver in Section 14, including the opt-out right described in Section 14.9, to the extent Section 14 applies to you and is enforceable under applicable law.

 

You may opt out of receiving marketing text messages at any time by texting STOP, QUIT, END, CANCEL, REVOKE, OPT OUT, or UNSUBSCRIBE to any text message from us, by any other reasonable means that clearly expresses your desire not to receive further marketing texts, or by sending an email to hello@fromourplace.com, indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages so that we can identify your enrollment. If you do not provide that phone number, we will use reasonable efforts to identify it from your account and order records, and we may contact you to request it. We will honor your opt-out request as soon as practicable and in any event no later than ten business days after receipt. You may also receive a text message confirming the receipt of your opt-out request.

 

If you unsubscribe from one of our text message programs, we will stop sending you marketing text messages under all of our marketing text message programs, unless you tell us that you wish to stop only that program. You may still receive non-marketing messages relating to your account, your orders, or a request you make of us. For example, if you unsubscribe from receiving promotional and marketing text messages, you may still receive individual texts from us or our third-party delivery partners to enable successful delivery of your order, or a reply to a customer support request you send us. Reply HELP to any text message from us to receive customer care contact information.

 

Messages may be sent using automatic technology. Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. Carriers, text messaging platforms, and Our Place are not liable for delayed, undelivered, filtered, or blocked messages. You verify that the phone number provided to us is true and accurate, that you are the current subscriber or owner of, and are authorized to receive text messages at, the phone number that you provided, and that you are at least the age of majority in your jurisdiction of residence. Your consent to receive marketing text messages is personal to you and applies only to the mobile number you provided at enrollment; it does not transfer to any other person or number. If you change or deactivate the phone number you provided to us, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile network operator for details. Message frequency may vary. Offers and promotions sent by text message may be subject to additional terms, eligibility criteria, time limits and availability, and may be corrected or withdrawn. Our Place reserves the right to change the short code or phone number from which messages are sent, and to modify, suspend, or discontinue the text message program or any of its features at any time without liability.

 

Customer support messages. If you contact us for customer support by text message, we may reply by text message to respond to your inquiry. Those replies are sent only in response to a request you initiate, are limited to the subject matter of your inquiry, and are not marketing or promotional messages. Contacting us for support does not enroll you in any recurring or marketing text message program, and we will obtain your separate consent before sending you marketing text messages. You may end a support conversation at any time by replying STOP.

 

15.2  United States: State Telemarketing Law - Residence. This Section 15.2 applies only if you are located in the United States. We endeavor to comply with applicable state telemarketing laws, including, but not limited to, the Florida Telemarketing Act and Florida Do Not Call Act, the Oklahoma Telephone Solicitation Act of 2022, the Maryland Stop the Spam Calls Act of 2023, New Jersey's Senate Bill 921 (2023), the Texas Telephone Solicitation Act (as amended by Senate Bill 140 (2025)), and the Virginia Telephone Privacy Protection Act. For purposes of compliance with these state laws, you agree that we may assume that you are a resident of a particular state if, at the time of opt-in, the area code for the phone number used to opt-in to receiving text messages is an area code associated with that state. Further, you agree that you will not assert that you are a resident of a state other than the state applicable to your area code unless you affirmatively advise us in writing that you are a resident of a specific state by sending written notice to us, including by email to hello@fromourplace.com. Insofar as you are a resident of a state with an applicable telemarketing law, you further agree that any mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “commercial telephone solicitation phone call”, “telephonic sales call”, “telemarketing sales call”, “telephone solicitation”, or “unsolicited telemarketing sales call” for purposes of these state laws, to the extent the law is otherwise relevant and applicable.

 

15.3 Duty to Notify and Indemnify. If at any time, you intend to stop using the mobile telephone number that you have used to opt-in or enroll in any of our text message programs, including but not limited to, canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms.

 

THIS PARAGRAPH DOES NOT APPLY TO QUEBEC CONSUMERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD OUR PLACE HARMLESS FROM ANY THIRD-PARTY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY OUR PLACE OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227) ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, AND ANY OTHER APPLICABLE FEDERAL, STATE OR PROVINCIAL LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES, AND ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, RESULTING FROM OUR PLACE ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. THIS PARAGRAPH DOES NOT APPLY TO ANY FINE, ADMINISTRATIVE MONETARY PENALTY, OR OTHER AMOUNT PAYABLE TO A GOVERNMENTAL AUTHORITY.

 

15.4 E-SIGN Disclosure.  By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending a message to hello@fromourplace.com. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, please contact us via hello@fromourplace.com with contact information and the address for delivery.

 

15.5. Canada: Text Messaging

 

This Section 15.5 applies if you are located in Canada and controls over any inconsistent provision of Section 15.1, 15.3 or 15.4. We will send you marketing or promotional text messages only where we have obtained your express consent or otherwise have consent permitted by applicable Canadian law. Replies to a request or inquiry you send us, including customer support replies, are not marketing messages under this Section 15.5. Nothing in these Terms limits any right you have under Canadian consumer protection or privacy law that cannot be waived by agreement.  Each marketing text message will identify Our Place and will provide or link, at no cost to you, to our contact information and to an unsubscribe mechanism that can be readily performed. That contact information and unsubscribe mechanism will remain valid for at least sixty days after the message is sent, and we will give effect to an unsubscribe request no later than ten business days after you send it. For these purposes, our sender information is: Our Place Canada Ltd, 22 Adelaide Street West, Suite 3600, Toronto, Ontario, M5H 4E3, Canada; email hello@fromourplace.ca; web fromourplace.ca.

If you are a resident of the Province of Quebec, the French-language version of this Section 15 and of our text messaging consent disclosure has been made available to you before you agreed to receive text messages from Our Place, at no cost to you. By electing to proceed with the English-language version, you confirm that it is your express wish that this Section 15 and the related documents be drawn up in English. Vous confirmez votre volonté expresse que la présente section 15 et les documents qui s'y rattachent soient rédigés en anglais. You may withdraw your consent at any time, in French or in English, and nothing in these Terms limits your rights under Quebec law. Marketing text messages sent to Quebec residents will be available in French, and you may exercise any right under this Section 15, including withdrawal of consent, in French.

 

16. Controlling law

These Terms and their subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of the State of Delaware without regard to its conflicts of law principles.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.