DōMatcha® TERMS OF USE

Welcome to website http://www.domatcha.com/ (the “Site”), owned and provided by Andrews & George Company Limited, a company incorporated in the province of British Columbia, Canada (the “Company”, “we”, “us” or “our”). BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. Your access to, and use of this Site is expressly conditioned on your acceptance without modification of the following Terms of Use. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Term of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services. All questions or comments about the Site or its contents should be directed to info@domatcha.com.

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

1. INCORPORATED POLICIES OR TERMS

We believe strongly in protecting user privacy and providing you information regarding the processing of personal information collected from the Site. Therefore, we have adopted a Privacy Policy that you should refer to fully understand how we use and collect information.

2. ACCOUNTS

After you have accepted these Terms of User, you may open a membership account under the Sign in section of the Site (the “Account”). As part of the registration, you will need to provide to us your name, email address and a password. In consideration of your use of the Site, you agree:

(a) to provide true, accurate, current and complete information about yourself and/or the company that you represent;

(b) that you represent and warrant that you have the capacity and authority to execute agreements and place orders for our products and services on behalf of you or your company;

(c) that an order placed by you through the Site is the equivalent of a signed purchase order, and you hereby waive any future challenge to the validity and enforceability of any order submitted via the Site on the grounds that it was electronically transmitted and authorized;

(d) that you are responsible for all costs and charges incurred in order to use the Site;

(e) that you (and your company, if applicable) are fully responsible for all activities that occur under your password or Account, and accept all liability for any acts or omissions arising out of your use of the Site;

(f) to immediately notify us of any unauthorized use of your password or Account or any other breach of security; and

(g) that you are fully responsible for managing your Account, including but not limited to maintaining the confidentiality of passwords and/or any Account information and maintaining and promptly updating the Account information to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse any and all current and future use of the Site by you. Account information and certain other information about you is subject to our Privacy Policy.

3. INTELLECTUAL PROPERTY

All content included on this Site is the property of the Company and/or our various third party providers and distributors and is protected under the intellectual property laws of Canada and other jurisdictions. None of the content found on this Site may be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified in any form or by any means, without the express written permission of the Company and/or its third party providers and distributors.

The term “content” as used in this Terms of Use includes any text, graphics, images, design, trademarks including logos, audio, video, software, data compilations and any other form of information capable of being stored in a computer, and the selection and arrangement of the foregoing that appears on or forms part of this Site.

ANDREWS & GEORGE®, DOMATCHA®, DōMatcha®, the TEA BRUSH logo, and the products and services described in this Site are either trademarks of the Company or our suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or our suppliers or licensors.

4. USE OF SITE

We grant you a limited license to use this Site and to make legitimate orders and purchases. You shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent order or any order in anticipation of demand. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site or its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. 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 the Company or any third party.

This Site and the content provided in this Site may not be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified without our written permission, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that, you may not, without the permission of the Company or the respective copyright owner, (a) copy, publish, or post the materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials presented on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

You may not, without our express written permission, use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images), or the content of any text or the layout/design of any page or form contained on a page found at this Site. Further, you may not use any meta tags or any other “hidden text” utilizing one of our names, trademarks, or product names without our express written consent.

5. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of your use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information.

6. INTERNATIONAL CUSTOMERS

If you reside outside of Canada, you acknowledge that you are familiar with the customs laws of the jurisdiction to which our products are to be delivered, and agree that you will be responsible for compliance with all local laws and regulations which may restrict the importation of certain goods, and will be solely responsible for payment of any present or future tax, duty or charge which may be imposed or assessed by any relevant regulatory authority on the products purchased from the Site.

7. PRODUCTS, PRICING AND AVAILABILITY

We neither represent nor warrant that products displayed on the Site will be available.

All pricing information on the Site is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

In the event that prices are changed during the period between an order being placed and us processing that order and taking payment, the original price shown will be honoured.

8. ORDER AND DELIVERY

No part of this Site constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is indicated by an order confirmation email to you from Shopify. Only once Shopify has sent you such a confirmation email will there be a binding contract between you and the Company.

If we, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within seven calendar days.

All products purchased by you will be delivered within 14 calendar days of our order confirmation unless otherwise agreed.

The risk in the products shall remain with us until they come into your physical possession.

9. RETURN POLICY

We aim to always provide high quality products that are fault free and undamaged. On occasion however, products may need to be returned.

If you receive products from us which do not match those that you ordered, please complete the Product Return form provided to you with your order and send us a copy at info@domatcha.com. All Product Return forms must be received within 30 days from the date of the order confirmation email from Shopify. Once our head office authorizes the return, we will send a confirmation email to you. You will be given the option to have the products replaced with those ordered (if available) exchanged or to be refunded through the payment method used by you when purchasing the products. All returned products must be in resalable condition, that is, no damage or defacement in any way. Unless otherwise indicated, you are responsible for freight on all returns. Replacements will be issued upon our receipt of the returned products. Refunds will be issued no later than seven calendar days after receipt of the returned products and will include standard delivery charges.We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.

If products are damaged in transit and the damage is apparent on delivery, you should sign any applicable delivery note to the effect that the products have been damaged. To return the damaged products, please contact us at info@domatcha.com. Once a return is approved we will send you a confirmation email. You will be given the option to have the damaged products replaced or to be refunded through the payment method used by you when purchasing the products. Replacements will be issued upon our receipt of the returned products. We will issue replacement products at no additional cost to you. Refunds will be issued no later than seven calendar days after receipt of the returned products and will include standard delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded.

10. TERMINATION

You agree that we, in our sole discretion, may terminate your password, Account or use of the Site, or restrict your access to any component of this Site, for any reason, including without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the Terms of Use or applicable laws or regulations. We may also, in our sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination or restriction of access to the Site.

11. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

Your use of the Site is at your sole risk. The Site and the materials therein are provided “as is” and “as available” basis. You acknowledge that you have been advised by us to undertake your own due diligence with respect to this Site. We make no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, contents, information or materials.

We expressly disclaims all representations and warranties, express or implied, of any kind with respect to this Site or its use, including but not limited to merchantability, fitness for a particular purpose, accuracy, completeness, currency, reliability or suitability of any of the content or data found on this Site, title and non-infringement, and those arising by statute or otherwise in law or equity, or from a course of dealing or usage of trade.

12. LIMITATION OF LIABILITY

You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, access to or use of the Site. you agree that this limitation of liability, is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages).

In no event shall our aggregate liability (whether in contract, warranty, tort (including negligence), product liability, strict liability or other theory) arising out of or relating to your use of the Site exceed the amount received by us from you in the six months prior to the date on which you first assert a claim.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

13. INDEMNIFICATION

You shall indemnify, defend and hold harmless the Company and our officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including without limitation reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this Site, including but not limited any violation by you of the Terms of Use. We reserve the right, to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.

14. LINKS

This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by us of the linked web site or information contained therein. We shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

15. RELATIONSHIP

The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or use of this Site.

16. GOVERNING LAW This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and this Terms of Use.

17. ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

18. SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

19. HEADINGS

The headings used in the Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

20. ENTIRE AGREEMENT

The Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.