General Website Terms and Conditions

Your use of this website (this “Website”) is expressly conditioned on your acceptance of the following terms and conditions (the “Terms”).If you do not agree with any part of the following Terms, you must not use this Website.Certain areas of this website are only open to you if you register, but use by you of this Website indicates your agreement to the following Terms regardless of whether or not you choose to register.The Terms shall apply regardless of the means by which the site was accessed, including, but not limited to, through the URL address www.mochaberry.ca, electronic mail or links from another site.These Terms may change from time to time without prior notice from, and at the discretion of, Mochaberry Coffee & Co Ltd. ( “we” or “us”).

1.USE OF THIS WEBSITE

This Website is provided to you free of charge for your personal use subject to the Terms. The purpose of the Website is to provide you with details of our products (the “Products”) and also to enable you to contact your local Mochaberry Coffee outlet in relation to any questions you may have.

All Products purchased online are subject to specific product terms and conditions (the “Product Terms and Conditions”).

We may update these Terms from time to time. Any changes will be notified to you via the email address provided by you on registration or by a suitable notice on the Website. If you do not wish to accept the new terms and conditions you should cease using this Website. If you continue to do so, after the date on which the changes come into effect, your use will indicate your agreement to be bound by the new terms and conditions.

2.INTELLECTUAL PROPERTY

Mochaberry Coffee & Co Ltd., including its successors, affiliates and assigns now existing or hereafter organized, is the owner of all copyrights, trade secrets, patents or other intellectual property rights on this site, unless otherwise stated.The names “Mochaberry” and “Mochaberry Coffee” are the trademarks of 2278766 Ontario Inc. and/or Mochaberry Coffee & Co Ltd. You may not reproduce or store any such material on any other website or include it in any public or private electronic retrieval system or service without our prior written permission. You may print one copy of the content for your own personal use provided that you keep intact any copyright or proprietary notices.

Any rights not expressly granted in these Terms are reserved.

3.SERVICE ACCESS

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance, new facilities or services or repair or for reasons beyond our control.

We shall not be liable for any service fees, telephone costs or other costs that you may incur.

4.VISITOR MATERIAL AND CONDUCT

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligation with respect to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You may not post or transmit to or from this Website any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licences and/or approvals; which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Canada or any other country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse this Website (including, without limitation, by hacking).

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this provision.

5.LINKS TO AND FROM OTHER WEBSITES

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

6.REGISTRATION

To register you must complete the required registration and be 18 years of age or over.

You warrant that the details provided by you on registration are true, accurate, current and complete in all respects. You must notify us immediately of any changes to the information that you have provided when registering by updating your personal details.

Each registration is for a single user only. You must not share your user name and password with any other person or with multiple users on a network.

You are responsible for any activity or order that occurs or is submitted under your email address or your email address used in combination with your password. If you know or suspect that someone else knows your password you should notify us immediately.

7.OUR RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION

We may suspend or cancel your registration immediately without notice at our reasonable discretion or if you breach any of your obligations under these Terms or the Product Terms and Conditions.

The suspension or cancellation of your registration and your right to use this Website shall not affect either party’s rights or liabilities.

8.SPECIAL OFFERS AND PROMOTIONS

From time to time and at our discretion, purchases of Products may be subject to special offers. In the event that a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and the relevant Product Terms and Conditions. If there is any conflict between the terms of a special offer and the Product Terms and Conditions, the Product Terms and Conditions shall prevail.

We may change the terms of such special offers or withdraw them altogether at any time and without prior notice.

We reserve the right to offer at our complete discretion, different customers, different special offers and promotions.

9.DISCLAIMER

While we endeavour to ensure that the information on this Website is correct, we do not warrant that it is accurate, complete or up to date. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice.

Any nutritional data contained on the Website is provided for guidance only and is not intended to be definitive. Please refer to Product labels for definitive information. In particular, you should always consult with your doctor, dietician or other specialist in relation to any dietary requirements you may have before consuming any Products supplied by us, and we accept no responsibility for the consequences of failing to follow this advice.

To the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms which but for these Terms might have effect in relation to this Website. You must bear the risks associated with the use of the Internet.

This paragraph does not affect your statutory rights.

10.OUR LIABILITY TO YOU

Our liability to you in respect of your use of the Website shall be limited as set out herein provided that:

a.nothing in these Terms excludes our liability for fraud or for death or personal injury arising from our negligence or that of our employees or agents; and

b.nothing in these Terms excludes any other liability which is prohibited from being excluded by law.

Except as provided herein, we shall not be liable for any loss, liability or damage whatsoever including (without limitation) special, indirect or consequential loss, damage for loss of business, loss of profit, business interruption or other pecuniary loss suffered by you or any other person arising out of your use of the Website or the information on it, your reliance on such information or any part of it or any dealings or transactions you may have with any Mochaberry Coffee outlet.

This paragraph does not affect your statutory rights.

11.INDEMNITY

You will indemnify, defend and hold us, and our officers, employees, agents, suppliers and any third party providers or distributors, harmless from and against any and all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liability arising out of your use of this Website, or the use by any other person accessing the Website using your account and/or the information you provided upon registration.

12.DATA PROTECTION

We respect your privacy and undertake to store and process your data in accordance with the Personal Information Protection and Electronic Documents Act (Canada) and our Privacy Policy.

13.MISCELLANEOUS

If any part of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

If you breach these Terms and we ignore any such breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.

We shall not be liable for any breach of these Terms caused by any circumstances beyond our control.

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.

14.GOVERNING LAW AND JURISDICTION

The laws of the Province of Ontario and the applicable laws of Canada will govern these Terms and all related transactions. The parties agree to the non-exclusive jurisdiction of the courts of the Province of Ontario.

15.CUSTOMER QUESTIONS OR COMPLAINTS

Any questions or complaints Customer may have should be addressed by mail delivered to 177B Broadway, Orangeville, Ontario, L9W 1K2 or by telephone by dialing 1-519-938-8788.  In addition, Customer can contact us by clicking on the “Contact” link on the Website.

This Website is owned by Mochaberry Coffee & Co Ltd, a company incorporated under the federal laws of Canada whose registered office is located at 177B Broadway, Orangeville, Ontario, Canada L9W 1K2. The Company’s Registration Number is 1638069 and its HST Number is 863188579.

 

PRODUCT TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS (THE “TERMS”) ARE TO BE READ TOGETHER WITH THE APPLICABLE PURCHASE ORDER OR INVOICE.

The following Terms govern the sale by Mochaberry Coffee & Co Ltd. (“Seller” or “we” or “us”) to you (“Customer” or “you”) of the products and services (the “Products”) outlined in any applicable purchase order or invoice.  Our contract details are set out herein, on this website (the “Website”) and on the purchase order each of which forms part of the contract.  By entering into or accepting a purchase order or invoice, pursuant to the Website, Customer agrees to be bound by and accepts these Terms.

1.PRICE

The price of the Products will be as quoted on the Website at the time you confirm your purchase order(s) and/or invoice(s). If we have by mistake underpriced any Product, we will not be liable to supply that Product at the stated price and we will endeavour to notify you of this mistake prior to dispatch of the Product. If you subsequently amend your order, the prices charged for any Product will be those applicable to the amended Products at the time that you confirm your amended order.

Unless otherwise stated, all prices are expressed in Canadian currency and are inclusive of any HST payable at the current rates and are correct as at the time of entering the information into Seller’s system.

2.PAYMENT

Payment may be made by using a credit card.

There may be a minimum order requirement dependent on your service area, which is as displayed on the Website.

Credit cards accepted by us are any of the following: American Express, Mastercard, Paypal and Visa.

Payments made by a credit card may be collected by Paypal on behalf of Mochaberry Coffee & Co Ltd.  If you pay by a credit card, your credit card will be charged when you place your order.

Your credit card will be encrypted to minimize the possibility of unauthorized access or disclosure.

You agree to indemnify us in full against all losses, costs and expenses incurred by us or our agent in obtaining payment from you in the event that we are unable to recover in full the price of any Product ordered by you.

3.OUR GUARANTEE

We guarantee the quality of our Products. You must notify us promptly following delivery if you are dissatisfied with any order. We will promptly and fully refund the cost of any Products that do not meet with your reasonable satisfaction upon delivery. This refund does not include any shipping and handling charges, as may be applicable.

Subject to anything to the contrary provided herein, our liability to you in connection with any order shall not exceed the total price charged for the Products and we do not accept any further claim for loss from or in connection with the supply of Products, however arising.

Nothing in these Terms shall limit or exclude our liability for fraud or for death or personal injury caused by our negligence. This does not affect your statutory rights.

4.AVAILABILITY

We will notify you as soon as possible if for any reason we are unable to supply a particular Product. We will not be liable to you if we are unable to supply a particular Product. We will try, where appropriate, to offer a substitute but please note that this may affect the price you are required to pay for the Products. You may reject any substitute Product and we will refund the amount you have been charged for that substitute Product.

Although we will always try to meet the requirements of your order, an order of large quantities of a particular Product will only be fulfilled at our discretion.

5.ACCEPTANCE

Order acceptance and the completion of the contract between you and us will take place on the delivery of the Products ordered (and not before) to the address provided by you for delivery as noted on any purchase order(s) or invoice(s), as applicable, unless we have notified you that we do not accept your order or you have cancelled it in accordance with your rights hereunder.

In our sole discretion we may decline to supply the Products to you without giving any reason.

The sales contract is completed in Canada and concluded in Canada.

6.DELIVERY

Delivery will be made to the address specified by you on any purchase order(s) or invoice(s), as applicable.

We reserve the right to restrict deliveries in certain areas and this includes the right to eliminate certain areas from our delivery schedule entirely from time to time.

The date of delivery will be as agreed between us and as noted on your purchase order(s) or invoice(s), as applicable.

All Products must be signed for on the day of delivery by an adult aged 18 years or over. If no one is at the specified address when the delivery is attempted the Products may be retained by us. We will leave notification of the attempted delivery and will telephone you to attempt to rearrange the delivery.

7.CANCELLATION AND CHANGES

Please contact Mochaberry Coffee no less than 24 hours prior to the day of delivery to cancel any Product order and avoid payment of the full purchase price.

8.AMENDMENTS TO WEBSITE

We reserve the right to alter or withdraw any Products from this Website at any time and/or remove or edit any material or content on this Website in each case without prior notice, and will not be liable to you or any third party by reason of our altering or withdrawing any Product whether or not that Product has been sold or by reason of removing or editing any material or contents of the Website.

We may update these Terms from time to time. Any changes will be notified to you via the email address provided by you on registration or by a suitable notice on the Website. If you do not wish to accept the new terms and conditions you should cease using the Website immediately. If you continue to do so, after the date on which the changes come into effect, your use will indicate your agreement to be bound by the new terms and conditions.

9.REGISTRATION

To be eligible to purchase Products on this Website you must have completed the required registration, be 18 years of age or over and have stipulated a delivery address compatible with our delivery schedule as amended from time to time.

You warrant that the details provided by you on any registration, purchase order or invoice are true, accurate, current and complete in all respects. You must notify us immediately of any changes to the information that you have provided when registering by updating your personal details as necessary.

Each registration is for a single user only. You must not share your user name and password with any other person or with multiple users on a network.

You are responsible for any activity or order that occurs or is submitted under your email address or your email address in combination with your password. If you know or suspect that someone else knows your password you should notify us immediately.

10.OUR RIGHT TO REFUSE A TRANSACTION OR TO SUSPEND OR CANCEL YOUR REGISTRATION

We reserve the right to refuse to process a transaction to any customer and we shall not be liable to you or to any third party for refusing to process a transaction or unwinding or suspending any transaction should the processing have begun.

We may suspend or cancel your registration immediately without notice at our reasonable discretion or if you breach any of your obligations under these Terms.

The suspension or cancellation of your registration and your right to use this Website shall not affect either party’s rights or liabilities.

11.DATA PROTECTION AND CONFIDENTIALITY

We respect your privacy and undertake to store and process your data in accordance with the Personal Information Protection and Electronic Documents Act (Canada) and our Privacy Policy.

It is not our policy to sell, rent or transfer information to third parties for marketing purposes.

In the absence of our negligence we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

12.MISCELLANEOUS

If you breach these Terms and we ignore any such breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through this Website.

If any part of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect.

13.APPLICABLE LAW AND NOT FOR RESALE

Customer agrees to comply with all applicable laws and regulations of Canada and its provinces.  Customer agrees and represents that it is buying for its own internal use only, and not for resale.

14.GOVERNING LAW AND JURISDICTION

The laws of the Province of Ontario and the applicable laws of Canada will govern these Terms and all related transactions.  The parties agree to the non-exclusive jurisdiction of the courts of the Province of Ontario.

15.FORCE MAJEURE

Seller shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.

16.CUSTOMER QUESTIONS OR COMPLAINTS

Any questions or complaints Customer may have should be addressed by mail delivered to 177B Broadway, Orangeville, Ontario, L9W 1K2 or by telephone by dialing 519-938-8788.  In addition, Customer can contact us by clicking on the “Contact” link on the Website.

This Website is owned by Mochaberry Coffee & Co Ltd., a company incorporated under the federal laws of Canada whose registered office is located at 177B Broadway, Orangeville, Ontario, Canada L9W 1K2. The Company’s Registration Number is 168069 and its HST Number is 863188579.