Token Bitters ™ Terms and Conditions
Last Updated: January 10, 2018
YOU MUST BE THE LEGAL DRINKING AGE IN THE JURISDICTION WHERE YOU RESIDE TO USE THIS WEBSITE AND TO MAKE PURCHASES ON THIS WEBSITE. IF YOU ARE NOT OF LEGAL AGE PLEASE EXIT THIS WEBSITE IMMEDIATELY.
To make purchase on the Website you are not required to set up an account. You may choose to create and account with Token Bitters (an “Account”). If you create an Account you must login to to purchase the products. Logging into an Account requires a unique user name and password (collectively, a “User ID”).
ANY CREATION OF AN ACCOUNT, ANY LOGIN TO YOUR ACCOUNT, ANY PURCHASE OF A PRODUCT AS A GUEST OR ACCOUNT HOLDER, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT OPEN AN ACCOUNT, LOGIN TO YOUR ACCOUNT, PURCHASE ANY PRODUCT.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS PLEASE CONTACT Lauren@tokennaturals.com
Updates to the Terms and Conditions: Token may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Website, including your Account, after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions will be posted on the Website home page. Where required by applicable law, you will be notified by email or other method through your Account at contact information you have supplied in setting up an Account, or at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Eligibility based on Residence and Age: As required by applicable law the products are only for use within Canada by individuals resident in Canada who are of legal drinking age in their province of residence. The Website and the products are intended for access, review, or other use by residents of Canada, and are not intended for access, review or other use by anyone under the legal drinking age in their province of residence.
TOKEN MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE CONTENT OR THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR ACCESS OR OTHER USE IN ALL LOCATIONS AND JURISDICTIONS. IF YOU ARE ACCESSING OR USING THE SITE FROM OUTSIDE OF CANADA, INCLUDING LOGGING INTO AN ACCOUNT, ORDERING PRODUCTS FOR DELIVERY WITHIN CANADA, REVIEWING CONTENT (INCLUDING ANY PUBLICLY-AVAILABLE OR LOGIN-ONLY CONTENT RELATED TO THE PRODUCTS), OR OTHERWISE USING THE SITE OR SERVICES, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT ANY SUCH ACCESS OR USE COMPLIES WITH APPLICABLE LAWS OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SITE.
Account: You do not need to create an Account to make a purchase. If you do elect to create an Account in the course of being granted access to your Account, you will be required to create a User ID. Your User ID identifies and associates you with your Account and is required for you to login to your account. With your User ID, you may log in to your account and purchase products for delivery to an address included with your Account Information and associated with your Account. You agree to: (a) immediately notify Token by email at Lauren@tokennaturals.com of any unauthorized use of your Account or any other breach of security, or any suspicion of such authorized use of your Account, and to identify your user name in the email, and (b) ensure that you log out from your Account at the end of each session. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES PERFORMED USING YOUR ACCOUNT AND THAT TOKEN HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS WHILE ACCESSING THE PRODUCTS OR SERVICES, OR OTHERWISE ACCESSING YOUR ACCOUNT.
User ID: Your unique user name and password are, collectively, your User ID. Your User ID is the key to your Account. You are responsible for maintaining the confidentiality of your Account, including your User ID. Use a user name that is different from any known user names you have on social media or other public websites. Use unique numbers, letters and special characters in your password. Do not disclose your User ID to anyone or share your User ID with anyone. If you lose control of your User ID, you may lose control over your personal information and may be subject to legally binding actions taken on your behalf and associated liability. Therefore, if your User ID has been compromised for any reason, you should immediately notify us at firstname.lastname@example.org and change your password.
Prohibited Use of the Services and Products: You agree not to make any unlawful use of the services or products. In particular, but without limiting the generality of the foregoing, you acknowledge that the services and products are provided solely for you personal use.
Account Status: You agree that we may refuse, cancel or terminate any Account, or refuse to sell products to you at any time and without notice if, at our discretion we determine that you have failed to comply with these Terms and Conditions, or you are otherwise ineligible use this Website for any reason. YOU AGREE THAT TOKEN HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED ACCOUNT.
Sale of Products: Token reserves the right, in its discretion, to cancel or refuse orders for failure to comply with applicable law, including if we believe that you have made a false or fraudulent order that is or appears to be inconsistent in any way with applicable law, and to inform the relevant authorities in accordance with applicable law. All sales are subject to availability, which may in some circumstances change during checkout, payment and confirmation processes associated with a given order. Token may, in its discretion, limit or cancel the quantities offered on the Website or limit sales of the products or services to any person, household, geographic region or jurisdiction.
Prices: Unless otherwise stated, all prices are in Canadian Dollars. Prices for all products are indicated on the Site and are subject to change without notice. Where a price is inconsistent as between publicly-accessible portions of the Website and portions of the Website available only by logging in to an Account, the price as indicated on the portion of the Website available only by logging in to an Account is the correct price. Applicable sales taxes and shipping fees will be added prior to purchase as indicated in the details that will be provided during confirmation of a purchase. You are responsible for paying all costs, fees and applicable taxes for products at the time of the transaction with a valid payment method. If your payment method fails, or your Account otherwise becomes past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel for accounts over 180 days past due.
Order Fulfillment and Delivery: Orders placed on Monday to Friday (except holidays) will normally be processed for shipment within two to three business days.
Returns: Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
Downloadable software products
Some health and personal care items
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable)
Book with obvious signs of use
CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: 15412 79 A Ave. Edmonton Alberta CA T5R3H5.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
To return your product, you should mail your product to: 15412 79 A Ave. Edmonton Alberta CA T5R3H5
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Discretional Exchanges: Token stands behind the quality of the products. If you are unsatisfied for any reason, please contact us at [Lauren@tokennaturals.com] to address your concerns. Token may, at its discretion, offer credit for future purchases in exchange for returned products.
Prohibited Use of the Website: You may not use the Website or any content for any unlawful purpose or any unsafe purpose. Without limiting the generality of the foregoing, while accessing or using the Website, including reviewing content or using the services, you agree that you will not:
- violate any laws, any third party rights or our policies;
- access or use the Website or services if you are not able to form legally binding contracts, are under the age of majority in your province or territory of residence, or are temporarily or indefinitely suspended from accessing or using the Website or services;
- access or use the Website in any manner which could damage, disable, overburden or impair the Website;
- transfer or make available your Account, User ID to another party;
- interfere with the security of, or otherwise abuse, the Website, the services, or any system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked sites;
- distribute viruses or any other technologies that may harm or prejudice the interests, rights, or property of Token or of any other person accessing or using the Website;
- use any robot, spider or other automatic device, to index, crawl, catalogue, mirror, frame, scrape, cache or otherwise monitor or copy any web page of the Website or any content to collect or mine data from the Website;
- use any manual process to monitor or copy any web page of the Website or any content other than as provided for in these Terms and Conditions;
- obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
- copy, modify or distribute rights or content from the Website, including content subject to copyright and common law or registered trademark rights owned by or licensed to, without limitation, Token, and whether or not for consideration or for commercial purposes;
- harvest or otherwise collect information about any other user of the Website, including email addresses, without their consent and compliance with all law; or
- attempt to complete any of the above actions.
Without limiting other recourse, including but not limited to any remedy available under applicable law, we may limit, delay, suspend or terminate any access to the Website, content, Account, access to products or services, linked Websites, or take technical and legal steps to keep users off the Website if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of Token or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Token Group (as defiend below), or any other person. Without limiting the generality of the foregoing, we may, in appropriate circumstances and at our discretion, suspend or terminate access, or modify or discontinue the Website, services or products, at our discretion.
No Spam, Spyware or Spoofing: Token takes compliance with laws pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without consent as set forth in CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Token on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Website more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any applicable law.
Accuracy of Website Content: All content is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Website and the content are regularly updated, the content may be inaccurate, out-of-date, or otherwise incorrect. Token assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms and Conditions, Token does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Token or by any third party, which appears on the Website. Subject to the foregoing, Token works to keep the Website and services updated and working properly. Please report any perceived problems, perceived offensive or inappropriate content, and any perceived policy violations to us by email at Lauren@tokennaturals.com
Content and Intellectual Property Rights: The Website and all content, including these Terms and Conditions are © 2017 Token, its suppliers or affiliates. All rights reserved. The copyright for the Website and all content is owned by or licensed to Token and is protected under applicable law including the Copyright Act (Canada), common law rights, and by other copyright laws in other jurisdictions. No content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Token, other than as expressly provided for in these Terms and Conditions. Nothing on the Website, your use of the services or purchase of products shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Token or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, or by common law, including any rights in copyright, goodwill, trademark, branding, trade secret, or confidential information (collectively, “Intellectual Property Rights”).
Trademarks: Without limiting the generality of the foregoing, the product names, company names and logos of Token, any affiliate or any third party used on the Website may be trademarks, including registered trademarks of Token. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Token or any owners or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Reservation of Rights: Without limiting the generality of the foregoing, the products, or other of Token’s methods and processes may be subject to rights, including Intellectual Property Rights, of Token or a third party. Token and any applicable third parties reserve all such rights.
Confidentiality: Electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose Token to any liability for damages you may suffer as a result of communicating with Token by electronic communications or if Token communicates such information to you at your request.
Outbound Links: The Website may contain links to third-party web sites and resources. These linked websites are provided solely as a convenience to you and as a Service, and not as an endorsement by Token of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. Token makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
Inbound Links: You agree not to link to the Website in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, Token generally agrees with linking to the Website through a link, including a plain text link or logo link, without an additional written agreement between yourself and Token. Notwithstanding the foregoing, Token reserves the right to require that you remove any link from a website owned, operated, posted on or otherwise used by you to publish a reference to the Website through a link, at Token’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Website, Token, or Token Group (as defined below in these Terms and Conditions).
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
TOKEN GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO TOKEN, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO TOKEN NATURALS LTD. AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF TOKEN CANNABIS CORPORATION, OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “TOKEN GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE WEBSITE, THE CONTENT, THE SERVICES, AND THE PRODUCTS ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY TOKEN GROUP, EITHER EXPRESS OR IMPLIED, OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. WITHOUT LIMITING THE FOREGOING, TOKEN GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. TOKEN GROUP MAKES NO WARRANTY THAT THE WEBSITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. TOKEN GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE WEBSITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE WEBSITE OTHER THAN LEGAL WARRANTIES OF PUBLIC ORDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY TOKEN GROUP OR ANY PERSON ON THE WEBSITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY CANNABIS PRODUCT IS A THERAPEUTIC PRODUCT AS DEFINED IN THE FOOD AND DRUGS ACT (CANADA).
DISCLAIMER OF TOKEN GROUP COMMUNICATIONS: THE FOLLOWING CLAUSE IS NOT APPLICABLE TO CONSUMERS IN QUÉBEC: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE WEBSITE OR OTHERWISE FROM TOKEN GROUP, RELATING TO THE SERVICES OR THE PRODUCTS, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF THIRD PARTY STATEMENTS: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, THE CONTENT, OR THE SERVICES. YOU UNDERSTAND THAT TOKEN GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE WEBSITE, THE CONTENT, THE SERVICES, THE PRODUCTS OR TOKEN GROUP.
LIMITATION OF LIABILITY: THE LIMITATIONS OF LIABILITY SET OUT IN ITEMS (G) AND (H) BELOW DO NOT APPLY TO CONSUMERS IN QUÉBEC: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOKEN GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH
(A) YOUR USE OR APPLICATION OF THE WEBSITE, THE CONTENT OR THE SERVICES;
(B) YOUR INABILITY TO USE OR APPLY THE WEBSITE, THE CONTENT, THE SERVICES OR THE PRODUCTS;
(C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE WEBSITE, WHETHER IN CONNECTION WITH THE SERVICES OR OTHER ASPECTS OF THE WEBSITE;
(D) WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION;
(E) ANY MISUSE OF THE WEBSITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS;
(F) ANY MISUSE OF AN ACCOUNT, USER ID INCLUDING BY COMMUNICATION OF A USER ID OR OTHER INFORMATION, INCLUDING REGISTRATION INFORMATION, SUCH MISUSE INCLUDING USE OF A USER ID BY AN INDIVIDUAL OTHER THAN BY AN ACCOUNT HOLDER;
(G) THIS ITEM (G) DOES NOT APPLY TO CONSUMERS IN QUÉBEC: YOUR USE OR APPLICATION OF THE PRODUCTS;
(H) THIS ITEM (H) DOES NOT APPLY TO CONSUMERS IN QUÉBEC: YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE WEBSITE, IN CONNECTION WITH THE PRODUCTS; OR
(I) ANY OTHER MATTER RELATED TO THE WEBSITE.
IF YOU CHOOSE TO USE THE WEBSITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM TOKEN GROUP.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY TOKEN GROUP OR IN THE CONTENT WHETHER OR NOT TOKEN GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) TOKEN GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
INDEMNITY: YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD TOKEN GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE WEBSITE, THE CONTENT, THE SERVICES, OR THE PRODUCTS. NOTWITHSTANDING THIS INDEMNITY, TOKEN GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF TOKEN’S SELECTION AT TOKEN GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES: FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE WEBSITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT TOKEN’S DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.
LIMITATION ON QUANTUM: THE FOLLOWING CLAUSE IS NOT APPLICABLE TO CONSUMERS IN QUÉBEC: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, TO A MAXIMUM OF $200.
RESERVATION: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
Notices: Except as expressly stated otherwise, providing an email address or other information to Token, constitutes your consent to receive any legal notices required by applicable law at the an email address or other contact information you provide to Token. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by Token, unless Token is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Token. In such case, notice shall be deemed given three days after the notice is sent in the mail by Token.
Law and Forum for Legal Disputes: For customers in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that to the extent any claim or dispute you may have against Token is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes. For customers outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of Alberta and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to the extent any claim or dispute you may have against Token is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Alberta. You agree to submit to the personal jurisdiction of the courts located within Alberta for the purpose of litigating all such claims or disputes.
Additional Terms and Conditions: When ordering a product, using a service, reviewing content or otherwise accessing the Website, you are subject to any posted policies or rules applicable both to any Service you use through the Website, and to the Website more broadly, which are available on the applicable portion of the Website. The “Token Website Terms and Conditions, located at https://www.tokennaturals.com/terms-conditions/, also apply to your use of the Website, including reviewing content, logging into your Account, purchasing Products, or otherwise accessing the Website. Subject to any such additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Token with respect to the Website, the content, the services and any information obtained through the Website by communication with Token personnel.
Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Website or the services. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that Token has the right, in its discretion, to terminate or suspend your access to the Website, to terminate or suspend any Account, to limit or deny your access to or participation in any content, products or services offered by Token at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of Token, interfere with any other person’s access to or use of the Website, or if Token decides in its discretion for any reason whatsoever that any Account, access to the Website by any person, access to content by any person, including use of any service or purchase of any product, is otherwise detrimental to the Website, Token or Token Group more broadly, or Token’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact Token with details. Token may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Token does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Token.
Interpretation: In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
General: You can communicate with Token by email as indicated in these Terms and Conditions. You can communicate with Token by mail at Lauren@tokennaturals.com. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
Language: You and Token have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms and Conditions provided by Token is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact Token’s by email at email@example.com or by mail at the address above with attention to Lauren Berkman (Token Privacy Officer).