Terms of service

OVERVIEW 

This website is operated by JA Coffee Inc. Throughout the site, the terms "we", "us" and "our" refer to JA Coffee Inc. JA Coffee Inc offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/or purchasing anything from us, you are engaging in our "service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, suppliers, customers, merchants and/or content contributors. 

Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of use. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use. 

Any new features or tools added to the current store will also be subject to the Terms of Use. You can view the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - SHOPIFY TERMS OF USE 

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any of your dependent minors to use this site. 

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the service, violate any laws in your jurisdiction (including, without limitation, copyright laws).

You may not transmit any worms, viruses or destructive code.

A breach or violation of any of the Terms will result in immediate termination of your Services. 

SECTION 2 - TERMS AND CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission from us.

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible for the accuracy, completeness or timeliness of the information made available on this site. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the content of this site is at your own risk.

This site may contain certain historical information. Historical information, by necessity, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes in the content of this site.

SECTION 4 - SERVICE AND PRICE CHANGES 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice to you.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES (if any) 

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer screen will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations, nor do we warrant that any errors in service will be corrected. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address and/or phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary. 

For more details, please see our return policy. 

SECTION 7 - SHIPPING AND DELIVERY LIABILITY

Once your order is handed to the designated carrier (e.g., UPS, GLS, or similar), responsibility for loss, damage, theft, or misplacement transfers to the carrier. JA Coffee Inc. is not responsible for delays, errors, or issues during transportation or delivery.

Refunds or replacements are not provided for packages lost, stolen, damaged, or misdelivered by the carrier. Customers must address such issues directly with the carrier using the tracking information provided at shipment.

By placing an order, you agree to these shipping and delivery terms.

SECTION 8 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we have no control or input.

You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We disclaim any and all liability arising from or related to your use of any optional third-party tools.

Any use by you of the optional tools offered on the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).

We may also, in the future, offer new services and/or features via the Website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Use. 

SECTION 9 - THIRD PARTY LINKS 

Certain content, products and services available through our service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not warrant and shall have no liability for any third party material or website, or any other third party material, product or service.

We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content or any other transactions conducted in connection with third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction.

SECTION 10 - USER FEEDBACK, COMMENTS AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (e.g., contest entries) or without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, "Feedback"), you agree that we may, at any time, without limitation, edit, copy, publish, distribute, translate and otherwise use in any medium the Feedback you send to us. We are and will be under no obligation (1) to maintain the confidentiality of any Comments; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes on any party's intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, nor will they contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or others as to the origin of any Comments. You are solely responsible for all comments you make and their accuracy. We assume no responsibility for comments posted by you or any third party. 

SECTION 11 - PERSONAL INFORMATION 

Your submission of personal information via the Store is governed by our Privacy Policy. Please be sure to read it carefully. 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery 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 on the Service or any associated website is inaccurate at any time without notice (including after you submit your order).

We assume no obligation to update, modify or clarify information on the Service or any associated website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any associated website shall be deemed to indicate that all information in the Service or on any associated website has been changed or updated. 

SECTION 13 - PROHIBITED USES 

In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or any Content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any manner that adversely affects the functionality or operation of the Service or any associated website, other websites or the Internet (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any associated website, other websites or the Internet. We reserve the right to terminate your use of the Service or any associated website for violation of any of these terms and conditions.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may discontinue the service for indefinite periods or cancel the service at any time without notice.

You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.

In no event shall JA Coffee Inc, our directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or damage of any kind, whether direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence) strict liability or otherwise, arising out of your use of any of the services or products purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law. 

SECTION 15 - INDEMNIFICATION 

You agree to indemnify, defend and hold JA Coffee Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

SECTION 16 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination not to affect the validity and enforceability of the remaining provisions. 

SECTION 17 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes. 

These Terms of Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or when you cease using our site. 

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or as a result may deny you access to our Services (or any portion thereof). 

SECTION 18 - COMPLETENESS OF CONTRACT 

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). 

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the writer. 

SECTION 19 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable in the Province of Quebec, Canada. 

SECTION 20 - CHANGES TO THE TERMS OF SERVICE 

You may review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. 

SECTION 21 - CONTACT INFORMATION 

Questions about the Terms of Use should be sent to us at info@jacoffee.ca