Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE ("Buy Coffee Canada" or "BuyCoffeeCanada" or "BuyCoffeeCanada.com" operated by Coffee Contractor Inc.).
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Use of Site
All orders placed must contain both a valid email and phone number for at minimum 2 methods of contacting the purchaser in case clarification or further instructions are required. All correspondence is done by writing in email, and the phone method is used only to correct an improperly typed email address. Email providers that cause undue burden (eg. false spam reports, reply-to verifications) may be considered an invalid email address and are cause for order and/or account termination.
Completing an order binds you to complete that order without changes or modifications unless changes are proposed by BuyCoffeeCanada. Customer comments entered during the checkout process are non-binding and may be disregarded. Products may not be removed or added to the order, except at the sole discretion of BuyCoffeeCanada. This is intended to minimize administrative costs and helps us keep our costs low. Do not place an order until you have made a final decision on what items you'd like to purchase.
Buy Coffee Canada reserves the right to cancel any orders and refuse service to any customer under any condition.
BuyCoffeeCanada will send updates regarding your order via email as they happen, including process, shipping, tracking and delivery information. These communications may not be opted out of and may require a response from you.
We offer a newsletter / subscription for customers who wish to receive promotions and product updates which can be opted out of at any time by signing into your account or by replying to emails with the word "UNSUBSCRIBE" and will be honoured. Customer data and other information will be retained for legal and accounting record keeping purposes and will not be removed.
Harassment in any manner or form on the site, including via e-mail, phone, chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Buy Coffee Canada or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Canada and other copyright laws, and is the property of Buy Coffee Canada. The collective work includes works that are licensed to Buy Coffee Canada. Copyright 2017, Buy Coffee Canada ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Buy Coffee Canada or purchasing Buy Coffee Canada products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Buy Coffee Canada or to purchase Buy Coffee Canada products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Buy Coffee Canada. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Buy Coffee Canada used in the site are trademarks or registered trademarks of Buy Coffee Canada.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Buy Coffee Canada disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Buy Coffee Canada does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Buy Coffee Canada does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states and provinces do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Product and Service Disclaimer
Products and services delivered to the customer may potentially cause harm to the customer if used correctly or sometimes correctly. Products may come encased in glass and packaging that may cause bodily harm if handled or consumed. Coffee products may contain foreign organic or inorganic fragments such as stones, sticks, seeds, insect (and insect parts) and other items that are accidentally packed into bulk green coffees sent to us and may not be completely filtered out. By ordering products from BuyCoffeeCanada you acknowledge and accept that there may be imperfections in the finished product and it is entirely your responsibility to carefully examine what you consume and touch.
Limitation of Liability
Buy Coffee Canada shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Buy Coffee Canada has been advised of the possibility of such damages.
In the event that a Buy Coffee Canada product is mistakenly listed at an incorrect price, quantity or misspelled, Buy Coffee Canada reserves the right to refuse or cancel any orders placed containing such products listed. Buy Coffee Canada reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Buy Coffee Canada shall issue a credit to your credit card account in the amount of the incorrect order amount.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Buy Coffee Canada without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Your use of this site shall be governed in all respects by the laws of the province of Ontario, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Buy Coffee Canada products) shall be in the state or federal courts located in Toronto, Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Buy Coffee Canada products) must be commenced within six (6) months after the claim or cause of action arises. Buy Coffee Canada's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Buy Coffee Canada may assign its rights and duties under this Agreement to any party at any time without notice to you.
All communications between employees and representatives of Buy Coffee Canada and users are exclusively for the recipient, and are private and confidential. These messages are not to be shared or distributed publicly under any circumstance and you agree to be held liable for damages resulting from any correspondence being made publicly accessible.
Buy Coffee Canada does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Buy Coffee Canada is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Buy Coffee Canada reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Buy Coffee Canada in its sole discretion.
You agree to indemnify, defend, and hold harmless Buy Coffee Canada, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable lawyers' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you, or any other person accessing the site using your account.
In an attempt to provide increased value to our visitors, Buy Coffee Canada may link to sites operated by third parties. However, even if the third party is affiliated with Buy Coffee Canada, Buy Coffee Canada has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Buy Coffee Canada. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Buy Coffee Canada seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
If you access and use this Web site, you accept and agree to be bound by and comply with these terms. These Terms are not exhaustive and BuyCoffeeCanada reserves the right to modify these Terms. If you do not agree to the terms and conditions below, do not access or use this Site. Disclaimer of Warranty All information and the Site is provided "as is" without warranties of any kind. BuyCoffeeCanada does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site. BuyCoffeeCanada does not warrant that the site will be available and that access will be uninterrupted.
BUYCOFFEECANADA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF DURABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THIS SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUYCOFFEECANADA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF THIS SITE OR THE INFORMATION ON IT, UNDER ANY CIRCUMSTANCES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF EIGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For any and all legal proceedings, you agree to individual mandatory binding arbitration in the city of Toronto, Ontario.