Terms and Conditions
Last Updated: July 11, 20166>
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY PRIOR TO USE OF THIS WEBPAGE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
Welcome to the webpage for Qi Botanical Tea (Canada) Ltd., (“Tealeaves”). Please review these Terms and Conditions (the “Agreement”), as they apply to your access to, and use of, all or part of this website or mobile application of Qi Botanical tea (Canada) Ltd. or its subsidiaries and affiliated companies (collectively, “Tealeaves”), including the purchase of all products sold to you through this webpage. These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Tealeaves for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions on such entity's behalf, and that such entity agrees to indemnify you and Tealeaves for violations of these Terms and Conditions. This agreement contains disclaimers and other provisions that limit our liability to you.
In the event there is any conflict or inconsistency between these Terms and Conditions and any other Terms and Conditions that appear on the Sites, these Terms and Conditions will govern. However, if you navigate away from the Sites to a third party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such event, the terms and conditions of use applicable to that site will govern your use of that site.
Tealeaves reserves the right to modify the terms of this Agreement at any time and in its sole discretion, without any obligation to notify you. We advise that you check this webpage from time to time to review the changes. Your continued use of the sites shall constitute your consent to any changes or modifications.
While we make reasonable efforts to provide accurate and timely information about Tealeaves on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Tealeaves.
ELIGIBILITY, REGISTRATION, AND ACCOUNT
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and the age of majority in your state/province/territory of residence, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
In order to participate in certain areas of our Sites, you will need to register for an account. You are responsible for maintaining the security of your customer account on this webpage by not sharing your password with others and restricting access to your account and your computer. Should any charges or damages be incurred as a result of your not taking reasonable care of your customer account, you agree that you will be held solely responsible.
Tea is considered a food product; therefore we are not able to accept any returns on tea due to possible food contamination and for liability reasons. If you are not satisfied for any other reason, please contact our office directly at 1-888-291-TEAS (8327).
To the fullest extent possible under the law, use of this webpage is at your own risk, and Tealeaves hereby expressly disclaims any representations or warranties (express, implied, or statutory) with regards to the webpage and your purchase of any products hereunder.
The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind and may contain errors and inaccuracies. Accordingly, to the maximum extent permitted by applicable law, Tealeaves disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Sites and the information, content and materials contained therein.
COPYRIGHTS, TRADEMARKS AND LIMITED LICENSE
Unless otherwise noted, all content and material displayed or otherwise accessible on the Site, including, without limitation, the Tealeaves logo and all designs, text, graphics, pictures, information, data, software, sound files, and other files ("Site Materials") are the proprietary property of Tealeaves or other parties that have licensed their material to Tealeaves, and are protected under the applicable copyright and trademark laws of Canada and elsewhere.
Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, domain name, logo, company name, trade name or indicia of origin of Tealeaves or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. All rights not expressly granted are reserved.
You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials for personal, non-commercial, informational and shopping purposes only. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
LICENSE TO USER CONTENT
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content or otherwise have the right to grant the rights to Tealeaves that you grant herein. Tealeaves claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Sites, you grant Tealeaves and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with such use of your User Content. By posting User Content, you hereby release Tealeaves and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
SUBMISSION OF IDEAS
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Tealeaves, our Sites and our products (collectively, "Ideas"). Ideas, whether posted to the Sites or provided to Tealeaves by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Tealeaves shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you; and you agree to execute any documents required by Tealeaves to confirm such rights. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for non-commercial purposes, provided such links do not portray Tealeaves in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Tealeaves' logo or other proprietary graphics to link to our Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Tealeaves trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Tealeaves or any third party.
Tealeaves makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of Tealeaves and Tealeaves is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Tealeaves and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Tealeaves of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
THIRD PARTY CONTENT
Tealeaves may provide third party content on the Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Tealeaves is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
ADVERTISEMENTS AND PROMOTIONS
Tealeaves may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Tealeaves is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Tealeaves advertisers or third party information on the Sites.
LIMITATION ON LIABILITY
You hereby waive all remedies, warranties, guarantees or liabilities arising from law or otherwise. To the maximum extent permitted by applicable law, Tealeaves and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Sites, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Tealeaves, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Tealeaves' records, programs or services. In no event shall the aggregate liability of Tealeaves, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites exceed any compensation you pay, if any, to Tealeaves for access to or use of the Sites or for any product purchased.
You agree to defend, indemnify and hold harmless (including, but not limited to, reasonable legal fees) Tealeaves, its officers, directors, employees and agents, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any action arising out of or related to (a) your unauthorized or unlawful use of the Site; (b) any User Content or Ideas you provide; or (c) your violation of these Terms and Conditions.
JURISDICTION AND COMPLIANCE WITH LAWS
Access to and use of the Sites and these Terms and Conditions are governed by the laws of Canada and the law of the Province of British Columbia applicable therein, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms and Conditions shall be instituted only in a court located in Vancouver, British Columbia. You and Tealeaves agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
MODIFICATIONS TO THE SITES AND TERMINATION
Tealeaves reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Tealeaves will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Notwithstanding any of these Terms and Conditions, Tealeaves reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites.
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites.
You may contact us at:
PO Box 27537 BPO
Vancouver, BC Canada V5Z 4M4