Terms of service
Last updated: [August 14], 2023
OVERVIEW
These terms and conditions of service (these “Terms”) establish a legal agreement between you, a user our website(s) located at www.classicjuice.co and other locations from time to time (the “Website”) and/or our mobile application is available for download on the Apple App Store and Google Play Store (the “Application”), and us, Songbird Enterprises Inc. o/a Classic Juice Co (“we”, “us”, “our” or “Classic Juice Co.”) the owner and operator of the Website and the Application. We offer the Website and the Application, including all information, content, products (the “Products”), services and tools available from the Website or the Application (together with the Website and the Application, collectively, the “Services”) to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Terms. For clarity, any reference to the “Services” includes a reference to any part or aspect of the Services.
These Terms apply to all visitors to and users of the Website and the Application, whether or not you have registered for an account on the Website (including any mobile version thereof) or the Application, or have submitted or contributed any content or Feedback (as defined below).
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
BY CLICKING “I AGREE TO THE TERMS & CONDITIONS OF SERVICE”, BY USING OR ACCESSING THE SERVICES, OR BY PURCHASING A PRODUCT FROM US THROUGH THE SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, ACCEPT, AND AGREE TO BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND FORMS AN ESSENTIAL PART OF THESE TERMS. YOU MAY NOT USE THE SERVICES FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS.
IF YOU (A) DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY; (B) ARE NOT THE AGE OF MAJORITY IN YOUR PROVINCE OR STATE OF RESIDENCE; (C) DO NOT POSSESS THE LEGAL AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF THE ENTITY YOU REPRESENT, IF APPLICABLE, OR (D) IF YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY LOCAL LAWS ARE APPLICABLE TO YOU, YOU MUST NOT ACCESS OR USE THE SERVICES.
1. CHANGES TO THESE TERMS AND TO THE SERVICE
We reserve the right, in our sole and absolute discretion, to update, change or replace any part of these Terms from time to time without notice to you, but will use reasonable efforts to publicize each update or change before it becomes effective. All updates and changes are effective as of the last updated date indicated above and apply to your continued access to or use of the Services. We may post reminders and summary information about material changes to these Terms, including where there are substantial changes that affect your rights and obligations, but you are responsible for regularly reviewing these Terms to obtain timely notice of such changes. We will ensure that the latest, fully-updated version of these Terms is published on the Website and available through the Application. Where applicable law requires that notice of any such updates or changes be provided to you, such notice will be provided in accordance with the law.
If any change to these Terms is unacceptable to you, you may: (i) discontinue your use of the Services; and/or (ii) if you have set up an Account (defined below), delete your Account on the account page. For clarity, your continued access to or use of the Services after the effective date of each update or change will constitute your acceptance of such updated version of these Terms, whether you are given notice of such updates or changes or not.
The information and material on the Services, and the Services themselves, may be changed, withdrawn, or terminated at any time in our sole and absolute discretion and without advance notice to you. Prices for and availability of our products are subject to change without notice. You agree that we will not be liable if, for any reason, all or any part of the Services are changed, withdrawn, terminated, restricted to registered users, or unavailable at any time, or for any period or if such restriction or unavailability impacts the use, functionality, or value of the Services, including, without limitation, any price changes. Any new features, information, content, products, services or tools which are added to the Services shall also be subject to these Terms.
2. GENERAL TERMS AND CONDITIONS OF SERVICE
Subject to these Terms, we grant you permission to access and use the Services (including Our Content) strictly on a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited basis for your own personal and non-commercial use only. You shall not, directly or indirectly, (a) reproduce, copy, compile for an internal database, distribute, transfer, sell, license, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit broadcast, or otherwise exploit any of the material or information on our Services, including Our Content, in any form or medium whatsoever (except that your computer and browser may temporarily store or cache copies of materials and information being accessed and viewed), or (b) attempt to decompile, disassemble or reverse engineer, or otherwise determine any source code, algorithms, methods or techniques embodied by any software or database contained in or accessed through the Services.
You are not permitted to modify copies of any materials from the Services nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. You must not access or use any part of the Services (including Our Content) for any commercial purposes or for any purpose not expressly permitted by these Terms. You must not use the Services in any manner that could (i) disable, overburden, damage or impair the Services, (ii) inhibit, restrict or interfere with any other person’s use and enjoyment of the Services, or (iii) expose us or any other user to any harm or liability of any type. We have adopted a policy of terminating, in appropriate circumstances and at our sole and absolute discretion, users who we determine violate our Terms. You agree and understand that your continued use of the Services is at our sole and absolute discretion and that you will not seek to hold us liable for any suspension, restriction, or termination of your use of the Services.
Our store is hosted by Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
3. MOBILE SERVICES
The Services may include certain services, features or functionality that are available via your mobile device. Your carrier’s normal messaging, data and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing or using certain services, features or functionality of the Services on your mobile device may be prohibited or restricted by your carrier and not all such services, features or functionality will be available on or compatible with all carriers or on all mobile devices. You should check with your carrier to find out which services, features or functionality are available on or compatible with your mobile device and what restrictions, if any, may apply to your use of such services, features or functionality.
By using or accessing the Services on your mobile device, you agree that we may communicate with you regarding the Services by SMS, MMS, text message or other electronic means via your mobile device and that certain information about your usage of or access to the Services on your mobile device may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that messages we intend to send to you are not sent to the person who subsequently acquires your old mobile telephone number.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Services is not accurate, complete or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Services is at your own risk.
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.
5. YOUR ACCOUNT AND SECURITY
You are not required to create a user account or provide any personal information in order to visit the Website, but in order to use certain features of the Services, you must register for a user account. In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about you as may be requested by any registration forms on the Services (“Registration Data”), and (b) maintain and promptly update all Registration Data, and any other information you provide to us, in order to ensure it continues to be true, accurate, current and complete. Upon providing Registration Data to us through the Services, you will be given access to a user account (your, “Account”). You must not register for an Account on behalf of any individual other than yourself or register for an Account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
The safety and security of your information and the effectiveness of any user authentication measures also depend on you. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided with an Account, your Account is personal to you and you agree not to provide any other person with access to the Services or any part thereof using your username, password, or other security information. You agree to be fully responsible for all use of your Account, including any actions that take place using your Account by any person or automated process. You agree to notify us immediately of any unauthorized access to or use of your username or password, your Account, or any other breach of security in relation to the Services, and to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account. You agree that your disclosure of login information to third parties may negate our user authentication measures and allow unauthorized access to your Account. You agree that we cannot be held liable for unauthorized access to or use of your Account, with or without your knowledge, or other loss resulting from your disclosure or other transmission, whether intentional or inadvertent, of your login information to third parties.
We reserve the right to correct or modify your Account, in our sole discretion, at any time to ensure compliance with these Terms.
We have provided ways for you to contact us about various issues on our Website or through the Application. You acknowledge and understand that these are the only authorized ways to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to pose as Classic Juice Co. We cannot verify the authenticity of any such alternative contacts, advertisements, publications or other information, and they pose a risk of fraud and other malfeasance, so we strongly recommend a degree of caution when reviewing such advertisements, publications or other information, and that you do not attempt to contact us using these methods. You agree that we cannot be held liable for unauthorized access to your Account or other loss resulting from such fraud or other malfeasance by third parties.
6. AGE AND ELIGIBILITY
Our Services are intended solely for users who are at least 18 years of age or older and any registration, access or use of the Services by anyone who does not meet these minimum age requirements is unauthorized, unlicensed and in violation of these Terms. We may terminate your Account and prohibit you from using or accessing the Services (or any portion, aspect or feature thereof) at any time, for any reason or no reason, in our sole discretion, with or without notice, including, without limitation, if we have any reason to believe that you do not meet these minimum age requirements.
7. PERSONAL INFORMATION
By submitting your personal information and using our Services, you consent to the collection, use, reproduction, hosting, transmission and disclosure of your personal information in accordance with our Privacy Policy.
8. OUR PRODUCTS
All Product descriptions available on our Services are as accurate as possible (errors and omissions excepted). All descriptions of Products or product pricing are subject to change at any time and from time to time without notice, in our sole and absolute discretion. You are responsible for carefully reading all information provided for the Products on the Services or the Product packaging and labels before using any Product.
We have made every effort to display as accurately as possible the colours and images of our Products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. We reserve the right to change what Products are available to purchase through our Services or to discontinue any Product, at any time and from time to time, without notice, at our sole and absolute discretion. Any offer for any Product made on the Services is void where prohibited.
9. PURCHASING PRODUCTS
Orders
When you place an order for Product(s) through our Services, we may email you to acknowledge that we have received your order, however, this order acknowledgement does not mean that your order has been accepted by us. Your order is not deemed accepted by us until we receive successful payment and we send a shipping notice email to the email address you have provided (a “Confirmation Email”) containing the following information: (a) your order number; (b) your information, as provided to us by you when making the order; (c) our business information; (d) the cost of the Products you have purchased, including taxes or any additional charges; (e) a detailed description of the Products; (f) the shipping arrangements and cost, if any; and (g) the shipping date.
We reserve the right, in our sole and absolute discretion, to refuse any order you place with us. We may also, in our sole and absolute discretion, limit or reduce the quantities of Products purchased per person, per household or per order. These restrictions may be applied to orders placed by or under the same Account, using the same credit card or payment information, or using the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you at the email address, billing address or phone number you provided when you placed your order. We reserve the right to limit or prohibit orders that we determine, in our sole judgment, appear to be placed by bots or unauthorized dealers, resellers or distributors, or are otherwise in violation of these Terms. We also reserve the right to cancel any order you place through our Services if the Product(s) are not available if we are unable to obtain authorization for your payment if we suspect fraud or an unauthorized or illegal transaction, or for any other reason. We will not be responsible or liable for any failure for an order to be completed or any resulting loss or damages to you.
Delays
The estimated date for delivery of Products purchased through our Service may be set out in the Confirmation Email. If something happens which is beyond our control and affects the estimated date for delivery, we may provide you with a revised estimated date for delivery of the Products. We are entitled to extend the shipping date by a commercially reasonable period of time. For purchases made through our Services, if the delay exceeds 10 business days from the original shipping date you may cancel the delayed order, at no additional cost, by emailing us at [info@classicjuice.co].
Cancellation
You may request a cancellation of your order made through our Services within 24 hours of submitting your order by contacting us at [info@classicjuice.co] or [647-349-5483]. We will not be able to accept cancellation requests received more than 24 hours after your order is submitted.
Payment and Payment Information
You agree to pay any fees applicable to your purchase of Products or use of the Services, including fees
and charges applicable to your purchases. You must provide and at all times must maintain accurate, complete, and current billing information, including your postal/zip code, credit card number, and credit
card expiration date. We may suspend or terminate your account or access to the Services if your offered payment method (e.g., credit card) cannot be processed. By providing a payment method, you: (a) represent and warrant to us that you have the right to use such payment method; and (b) expressly authorize us and our third-party payment processors to charge the applicable fees on said payment method, as well as taxes and other charges related thereto, all of which depend on the Products you purchase. You agree that we may charge any unpaid amounts to your provided payment method or send you a bill for such unpaid fees. If you provide a payment method and our charge results in an overdraft, chargeback, or other fee from your bank, you alone are responsible for that fee. If you become aware of a potential breach of security to your billing information (such as credit card loss or theft), you must notify us immediately.
We reserve the right to request additional information from you to verify your payment. We may add or remove acceptable forms of payment at our sole and absolute discretion and without notice to you.
We, or our third-party service providers, may make available to you various payment processing methods to facilitate the purchase of Products. Please be aware that by making a payment through our Services, you will also be subject to any applicable terms and conditions of those third-party service providers that apply to your purchase of Products through our Services and the information that you (or we, with respect to you order) Share with them.
Shipping
Delivery services may vary by carrier or location and may require pickup of Products at a local postal outlet or distribution center. Delivery times will vary depending on your location.
You will be responsible for the Products once delivery has taken place (including ensuring that you follow any instructions or manuals provided with the Products) and you will own the Products when we receive payment in full for the Products and any applicable shipping charges. We will not be responsible for lost or stolen packages that are confirmed to be delivered to the shipping address provided for the order. We share your order information with our suppliers and service providers so that they can fulfill your order.
Refund and Returns Policy
If there is an issue with a Product, please contact us at [info@classicjuice.co] within 24 hours of receiving your order. We require photo evidence to support any claim you have. In the email that you send please include your name, order number, a description of the issue with the Product, photographs of the Product and the expiry date on the Product. Please note that due to the perishable nature of our Products, we will not accept returns, provide a replacement or issue any refunds for improper storage of Products or Products not being consumed by the expiry date.
Taxes
All prices for Products are subject to applicable taxes, which will be calculated upon checkout and added to the total cost of your order. Except as may be collected by us as required by applicable law and as indicated at checkout, you are solely responsible for determining whether any taxes, including sales, value-added, or other taxes, levies, import fees or duties, apply to your transactions on the Services and at all times, you are solely responsible for the payment of any such applicable taxes, levies, import fees or duties.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We rely on the information that you provide through the Services, including name, contact information, and billing information. You agree to provide current, complete and accurate payment and account information for all purchases made through our Services and to promptly update such information if it changes, including your email address, credit card number and expiration date, billing address and shipping address so that we can complete your transactions and contact you as needed. You will be solely liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your payment and account information. Without limiting the generality of the foregoing, we will not be responsible for any misdelivered or undeliverable packages due to your failure to provide correct, accurate or complete information or to promptly update your information.
11. INTELLECTUAL PROPERTY RIGHTS
Our Content
You understand and agree that the Services (which include all of the materials, content, data, information, software, applications, source code, computer code, scripts, tools, patches, updates, processes, technologies, URLs, domain names, marks, logos, editorial, text, displays, graphics, images, pictures, illustrations, photographs, videos, audio, music, sound effects and recordings, audiovisual materials, multimedia elements, designs and other files, and their features, functionality, presentation, selection, and the arrangement made available to you through the Service) and all intellectual property rights related to the foregoing (collectively, “Our Content”) are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws, including copyright, trademark, patent, trade
secret, and any other proprietary rights. You agree that Our Content is licensed subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of or access to the Services or these Terms grants you any right, title or interest in or to Our Content except the limited right to use or access the Service as set out herein.
Trademarks
The names and logos of Classic Juice Co and of the Services, and all related names, logos, product and service names, domain names, graphics, designs, images, and slogans, (collectively, “Our Marks”) are our trademarks (whether registered or unregistered), or those of our respective affiliates, licensors or suppliers. You must not use Our Marks for any purpose without our prior written permission. Other names, logos, product and service names, domain names, graphics, designs, images, and slogans mentioned, or which appear on the Services are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of applicable laws and could subject the infringer to legal action. Except as expressly indicated on the Services, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third-party trademarks.
Complaints
If you believe that any content on the Service infringes upon any copyright or other intellectual property right that you own or control, you may send a written notification of such infringement to us by email at [info@classicjuice.co]. If we receive notification of any alleged infringement, we will investigate such complaint and, if we determine that it is justified, we will remove or disable access to the allegedly infringing content and terminate or suspend the accounts of infringers as described herein.
12. USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
THE OPINIONS EXPRESSED IN ANY USER-SUBMITTED CONTENT ARE SOLELY THOSE OF THE USER. THEY DO NOT PURPORT TO REFLECT THE OPINIONS OR VIEWS OF CLASSIC JUICE CO.
The Services may contain interactive functionality such as applications, features, promotions, chat functionality, e-mail, comments, customer reviews, profiles, forums, bulletin boards and other such functions (collectively, "Interactive Functions") allowing content, material, comments, ideas, reviews, suggestions, impressions or other information (collectively, the “Feedback”) you submit, post, publish, display, or transmit (collectively, "submit") to or through the Services, to be viewed or used by us, our business partners, or other users or other persons on the Services.
All rights, titles and interest in and to any and all Feedback is and shall be deemed to be our property and, by submitting Feedback to or through the Services, you agree that you thereby assign all rights, titles and interest in and to such Feedback to us. By submitting Feedback, you further waive any moral rights or other rights of authorship in and to any such Feedback in favour of Classic Juice Co.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use, in any medium and for any purpose, commercial or otherwise, any Feedback that you submit. We are and shall be under no obligation to: (a) maintain any Feedback in confidence; (b) pay compensation for any Feedback; (c) acknowledge the source of any Feedback, or (4) respond to any Feedback.
We may, but have no obligation to, monitor, review, edit or remove user-submitted content that we determine, in our sole discretion, is unlawful, offensive, abusive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates the rights of any third party or these Terms.
By submitting Feedback, you will be deemed to have represented and warranted to us that: (i) you have or own all necessary legal rights to submit such Feedback and that your Feedback does not and will not violate any law or the rights of any third party (including intellectual property, privacy, personality or other personal or proprietary rights); and (ii) your Feedback does not and will not contain libellous, defamatory\ or otherwise unlawful, offensive, abusive, threatening, pornographic or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You understand and agree that you are fully responsible for any Feedback you submit or contribute, and you are fully responsible and legally liable, including to any third party, for the content of such Feedback, its accuracy, and your rights to use it. We are not responsible or legally liable to any third party for the content, accuracy, or infringing nature of any Feedback submitted by you, and you agree to indemnify and defend us against any claims, lawsuits, or disputes brought by third parties based on your Feedback.
13. THIRD-PARTY LINKS
The Services may provide links to third-party websites, applications or resources (“Third-Party Services”). These links are provided for your convenience and information only. Such links should not be interpreted as approval or endorsement by us of those linked Third-Party Services or the information you may obtain from them. We make no representations about any Third-Party Services that may be accessed from or through the Services. If you choose to access any such Third-Party Services, you do so at your own risk. We are not responsible for examining, evaluating or monitoring the content made available through such Third-Party Services or the accuracy, completeness or currency of such content, nor do we have control over such content. We are not liable for any harm or damages related to the purchase or use of, or access to, goods, services, resources, content, or any other transactions made in connection with any Third-Party Services. Please review carefully the policies and practices of such Third-Party Services and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, services, websites or applications should be directed to the third party.
We shall have the right, without notice, to insert advertising data into the Services, so long as it does not involve our transmission of any of your personal information in contravention of the Privacy Policy. If you elect to have any business dealings with any party whose products or services may be advertised on the Services, you acknowledge and agree that such dealings are solely between you and such party and we will not be a party, or have any responsibility or liability related, thereto. You acknowledge and agree that no such advertising may be construed as an endorsement by us of any such products or services so advertised.
14. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or Application, or in the Services, that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services has been modified or updated.
15. PROHIBITED USES
In addition to other prohibitions, as set forth in these Terms, you are prohibited from accessing or using the Services: (a) if you are not fully able and legally competent to agree to these Terms; (b) for any unlawful purpose or in violation of these Terms or any applicable laws and regulations; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate, or promote the violation of, any applicable international, federal, provincial, local or foreign laws, regulations, rules, bylaws or ordinances; (e) to infringe upon or violate, or promote the infringement or violation of, our intellectual property rights or the intellectual property or legal rights of others (including rights of publicity and privacy); (f) to violate the terms of use of any third-party website or service that is linked to the Services; (g) to harass, abuse, threaten, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (h) to submit false, inaccurate or misleading information, impersonating any person, or falsely stating or otherwise misrepresenting you or your affiliation with any person, including giving the impression that any content you submit emanates from the Services; (i) to upload or transmit viruses or any other type of malicious code or technologically harmful material; (j) to collect or track the personal information of others; (k) to transmit any unsolicited or unauthorized advertising, solicitations, junk mail or spam; (l) to phish, pharm, pretext, spider, crawl, or scrape for any purpose, including purchasing products or monitoring or copying any of the material on the Services; (m) for any obscene or immoral purpose; or (n) to interfere with or circumvent the security features of the Services, other websites, applications or resources, or the Internet.
You agree that you will not export or re-export, directly or indirectly, any Products or materials provided by Classic Juice Co hereunder to any country for which Canada, the United States, or any other relevant jurisdiction requires any export licence or other governmental approval at the time of export without first obtaining such licence or approval.
16. TERMINATION
We reserve the right, at any time and without prior notice, to terminate, suspend or restrict your access to or use of the Services, including your Account, in our sole and absolute discretion, for any reason or no reason, including, without limitation, for violating any term or condition of these Terms. Termination or suspension of your account also entails the termination or suspension of your licence to use the Services or any part thereof. If we suspend or terminate your Account, we will notify you by email.
17. WAIVER AND ASSUMPTION OF RISK
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY ACCEPTING THESE TERMS YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS CONNECTED WITH YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED VIA THE SERVICES HOWSOEVER ARISING, INCLUDING (A) THE OPERATION OR SPECIFICATIONS OF THE PRODUCTS AND ANY OTHER OPERATIONS ASSOCIATED WITH YOUR USE OF THE PRODUCTS OR THE SERVICES, (B) THE ACTIONS, OMISSIONS OR NEGLIGENCE (INCLUDING FAILURE TO USE REASONABLY PRUDENT AND CAREFUL CARE, AND FAILURE TO PROTECT YOU FROM RISKS, DANGERS AND HAZARDS INHERENT IN THE USE OF THE SERVICES AND THE PRODUCTS) OF CLASSIC JUICE CO AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, DISTRIBUTORS, RESELLERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, SUPPLIERS, REPRESENTATIVES OR SUCCESSORS (COLLECTIVELY, THE “RELEASED PARTIES”), AND (C) ANY BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OR OTHER BREACH OF DUTY OF CARE, INCLUDING ANY DUTY OF CARE IMPOSED BY LAW OR BY EQUITY ON THE PART OF ALL OR ANY OF THE RELEASED PARTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL MANNER OF LIABILITIES, CLAIMS, DEMANDS, SUITS, DAMAGES (INCLUDING DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES), LOSSES, INTEREST, COSTS, EXPENSES, DEBTS, ACTIONS AND CAUSES OF ACTION OF ANY KIND, CHARACTER OR NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, INCLUDING THOSE OF LOSS, DAMAGE, INJURY OR DEATH HOWSOEVER ARISING, INCLUDING AS DESCRIBED IN THE PARAGRAPH DIRECTLY ABOVE THAT YOU MAY HAVE, OR HAVE EVER HAD RESULTING FROM OR CONNECTED IN ANY WAY WITH YOUR USE OF THE SERVICES OR THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANYTHING ARISING AFTER THE DATE OF YOUR AGREEMENT TO THESE TERMS.
18. DISCLAIMER OF WARRANTIES
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT: (I) YOUR USE OF AND ACCESS TO THE SERVICES, INCLUDING THE PRODUCTS HOWSOEVER PURCHASED, IS AT YOUR OWN RISK, (II) THE SERVICES AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, USABILITY, QUALITY, CAPACITY, PERFORMANCE, ACCURACY, CURRENCY, AVAILABILITY, SAFETY, HEALTH RISK OR SPECIFIC RESULTS OF THE SERVICES OR THE PRODUCTS. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT.
Your use of the Services may depend on the public Internet, including networks, cabling, facilities and equipment that is not in our control. Accordingly: (a) we cannot guarantee any minimum level regarding the performance, speed, reliability, availability, use or consistency, or that the Services will be secure or free of bugs, viruses or other destructive code, and (b) data, messages, information or materials sent over the Internet may not be completely private and your anonymity is not guaranteed. You are solely responsible for configuring your computer, device and information technology to access or use the Services, and the security thereof. You should use your own virus protection software.
Limitation of Liability
EXCEPT TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF PROFITS, SAVINGS, REVENUE, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS, THE SERVICES OR THE PRODUCTS, WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER THEORY OF LIABILITY, (COLLECTIVELY, “EXCLUDED DAMAGES”) EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE REASONABLY FORESEEN SUCH DAMAGES OR LOSSES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
STRICTLY TO THE EXTENT THAT THE FOREGOING PARAGRAPH DOES NOT APPLY TO YOU, IN IN THE EVENT THAT FOR ANY REASON REQUIRED UNDER APPLICABLE LAW WE ARE LIABLE TO YOU IN ANY MANNER, IN NO EVENT SHALL THE RELEASED PARTIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR PROVIDED THROUGH THE SERVICES EXCEED THE LESSER OF (A) CAD$500 OR (B) THE AMOUNT ACTUALLY RECEIVED BY US FROM THE TRANSACTIONS INVOLVING THE PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM.
19. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree, at your sole cost, to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, proceedings, causes of action, demands, debts, liabilities, damages, judgments, awards, losses, fines, penalties, charges, costs, expenses (including reasonable legal fees and expenses) of any kind and character whatsoever incurred by us, including any amount paid to settle any such action or to satisfy a judgment, arising out of or relating to (a) access to or use of, or activities in connection with, the Services or your Account, whether by you or permitted by you; (b) any of your acts or omissions, including, without limitation, your breach or non-performance of these Terms or your illegal or otherwise wrongful conduct, including violation of third party rights.
20. GOVERNING LAW, CLASS ACTION WAIVER, AND CHOICE OF FORUM
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules. Any action or proceeding arising out of or relating to the Services or the Products, or under these Terms, will be instituted in the courts of Ontario sitting in Toronto, and you irrevocably consent to the exclusive jurisdiction of such courts in any such action or proceeding, and you waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
You and we agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms, the Services, the Products, or any dispute or transaction arising out of these Terms or the use of the Services or the Products. We reserve the right to prosecute civil claims against you for any violation of these Terms, the Privacy Policy, or any other governing terms and conditions related to the Services or Products, whether for breach of contract, violation of common law rights, or violation of any applicable federal, state or provincial statute.
21. MISCELLANEOUS
Interpretation
In these Terms, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (b) the words “including” and “includes”, the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (c) all references to the Services shall also include any successor or replacement applications, websites, content, products or services containing substantially similar information as the referenced Services or part thereof.
Entire Agreement
These Terms, as amended from time to time, and any policies, rules, terms or documents referenced herein, constitute the entire agreement and understanding between you and us with respect to the matters referred to in these Terms and your access to and use of the Services and Products and supersede and replace any prior or contemporaneous agreements, communications, understandings and proposals, whether oral, electronic or written, between you and us with respect to such matters (including, but not limited to, any prior versions of the Terms).
No Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operate or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
In the event that any provision of these Terms is determined to be illegal, invalid or unenforceable, in whole or in part, in any jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not invalidate or render unenforceable such provision or part thereof in any other jurisdiction or affect the validity and enforceability of any other provisions of these Terms, which shall continue in full force and effect.
Notifications
Subject to our Privacy Policy, we may provide you with notifications via email, in hard copy, or through conspicuous posting of such notice on the Services, as we may determine in our sole discretion.
Assignment and Inurement
We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms, or any of your rights or obligations hereunder, without our prior written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Survival
All provisions that, by their meaning or nature, are intended to survive the termination or expiry of these Terms shall survive termination or expiration of these Terms.
Relationship
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Services.
Social Networks
If at any time the Services include features that operate in conjunction with certain third-party social networking websites that you visit (“Social Network Features”), your use of the Social Network Features is governed by these Terms, but your access and use of third-party social networking websites and the services provided through these websites are governed by the terms and conditions and other agreements posted on those websites. You agree that you alone are responsible for your use of the Social Network Features and that we will not be liable to you or anyone else for your violation or breach of any terms of use or other agreement that may result from your use of the Social Network Features.
English Language
The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Force Majeure
We shall not be liable for delays, failure in performance or interruption of the Services that result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to any delay or failure due to any act of God, the act of civil or military authorities, act of terrorism, civil disturbance, war, epidemic, pandemic, state of emergency, strike or other labour dispute, fire, earthquake, natural disaster, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, or other catastrophe.
22. CONTACT INFORMATION
If you have any questions or concerns about these Terms, if you become aware of misuse of the Services, or to report abusive behaviour on the Services, please contact us at [info@classicjuice.co] or [647-349-5483].