Acceptance of terms

 
The Terroir Tea Merchant Ltd website, Terroir® (“Website”) provides services to you subject to the following Terms of Use, which may be amended from time to time with no notice to you. When using the website you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.
 

Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.
 

These Terms of Use will be governed by and construed in accordance with the laws of British Columbia, Canada. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of British Columbia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.
 

For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, including links to that material.
 

Accuracy of Information

 
All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an ‘as available’ basis. Neither Terroir Tea Merchant Ltd its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. Terroir Tea Merchant Ltd will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
 

Product Descriptions

 
Terroir Tea Merchant Ltd attempt to be as accurate as possible in the description of products. However, Terroir Tea Merchant Ltd does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.
 

Limitation of Liability

 
The Trade Practices Act and similar Provincial and Territorial legislation in Canada may confer rights and remedies on you in relation to the provision by Terroir Tea Merchant Ltd of goods or services on the web site which cannot be excluded, restricted or modified (“non-excludable rights”). Terroir Tea Merchant Ltd does not exclude any non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.
 

Except as provided for by the non-excludable rights: (a) all content is provided “as is” and “as available” without warranties or guarantees of any kind, either express or implied, (b) Terroir Tea Merchant Ltd expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) Terroir Tea Merchant Ltd does not warrant that the functions contained in any content or any communications facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of viruses or any other harmful components, (d) Terroir Tea Merchant Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not Terroir Tea Merchant Ltd) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.
 

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Terroir Tea Merchant Ltd) will Terroir Tea Merchant Ltd be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that Terroir Tea Merchant Ltd does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
 

To the maximum extent permitted by law, Terroir Tea Merchant Ltd‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Terroir Tea Merchant Ltd, to the following:
 

in the case of services supplied or offered by Terroir Tea Merchant Ltd, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by Terroir Tea Merchant Ltd, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
 

Indemnity

 
You agree to indemnify and hold harmless Terroir Tea Merchant Ltd and its officers, agents, partners and employees against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.
 

Your Account and/or Newsletter Registration

 

In consideration of your use of the Website, you agree to:
provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the “Registration Data”); and
maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
In particular to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Terroir Tea Merchant Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Terroir Tea Merchant Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
 

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
 

Terroir Tea Merchant Ltd reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone using the Website in any way which may violate any applicable or relevant law.
 

Trademarks

 

The Terroir Tea Merchant Ltd logo, Terroir®, Heighten The Senses® and the logos of the Terroir Tea Merchant Ltd products are trademarks of Terroir Tea Merchant Ltd. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.
 

Copyright

 

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Terroir Tea Merchant Ltd or the appropriate supplier or licensor of Terroir Tea Merchant Ltd.
 

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
 

All software used on this web site is the property of Terroir Tea Merchant Ltd or its software suppliers and is protected by Canadian and international copyright laws.
 

Online Security

 

If you’re making an online purchase from Terroir Tea Merchant Ltd and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check for the locked padlock symbol at the foot or top of the browser in which you are entering your details. The URL should indicate ‘https://…’
 

Errors And Omissions

 

Terroir Tea Merchant Ltd endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.