Terms and Conditions
PREAMBLE
Last Update: July 16, 2017
Welcome to the Bangoshi Tea Company (“Bangoshi”) website! Please read carefully the following conditions which will apply to your usage of the Bangoshi.com website (the “Website”) and to all purchases of products and services from Bangoshi.com (the “Terms and Conditions” or the “Agreement”).
By browsing the Website, you attest that you examined and understand the Terms and Conditions and that you accept, without restriction and condition, to be binded by the present Terms and Conditions and any policies, conditions related thereof.
Before placing an order, if you have any question on the Terms and Conditions of this Website, please communicate with our customer service department by sending an email to : hey@bangoshi.com.
ARTICLE 1
GENERAL CONDITIONS
Conditionnal Use. If you do not consent to a clause in the present Terms and Conditions, you may stop using this Website.
Type of Contract. Usage and access to the Website Bangoshi.com is free. Therefore, the Terms and Conditions governing the usage and access to the Website do not form a consumption contract between Bangoshi and the users. Purchase of Bangoshi’s products is governed by the Bangoshi Sales Agreement.
Proxy. If you are using the Website on behalf of any entity, you declare and guarantee that you are authorized to accept the present Terms and Conditions on behalf of the said entity.
Minors. The Bangoshi Website is not targeting and is not suited for users under 13 years of age. If you are between 13 years old and the age of majority in you province or state, you are allowed to use this Website only in the presence of a parent or legal guardian who accepts to be bound by the present Terms and Conditions.
Other Agreements. Please read the Privacy Policy which also applies to your use and access to the Bangoshi Website and is an integral part of the Terms and Conditions. By browsing the Website, you attest that you examined and understand the Privacy Policy and that you accept, without restriction and condition, to be bound by the present Terms and Conditions.
ARTICLE 2
ACCESS AND UTILIZATION AUTHORIZATION
Authorization. Bangoshi allows you limited access and utilization, without assignment rights, to the Website Bangoshi.com and its content, for personal informational and shopping purposes only. This authorization if governed by the present Terms and Conditions and excludes:
- Resale or commercial use of the Website or of the Website’s content
- Collection or utilization of list, images or product description
- Distribution or public presentation of the Website’s content
- Modification or derivative utilization of the Website or the Website’s content
- Data exactraction or use of robots or similar technics to collect or extract data
- Download, (otherwise than by cache storage)or any part of the Website, the Website’s content, except anything allows by the Website; or
- Usage of the Website or of the Website’s content to purposes others than its original designated purpose.
Prohibited modifications. Modification, in whole or in part, of the website Bangoshi.com is prohibited without the express authorization of Bangoshi. The Bangoshi Website cannot be reproduced, copied, sold, resold, visited or exploited, in whole or in part, to any commercial ends, without Bangoshi’s express written permission.
Hyperlink. Bangoshi grants you a limited, revocable and non-exclusive right to create hyperlinks referring to Bangoshi.com and its extensions, provided that the hyperlink does not present Bangoshi, its affiliated corporations, its products or services in a false, misleading, defamatory or any other insulting way. The websites presenting hyperlinks to Bangoshi.com must not present obscene, pornographic, sexually explicit illegal offensive, harassing or otherwise unacceptable content.This right can be revoked at any moment. You may not use the Bangoshi logo or any other exclusive graphic design or brand owed by Bangoshi in the hyperlink without Bangoshi’s express written permission.
Compliance. When you use this Website, you agree to comply with all laws, orders, regulations and treaty, either local, provincial, federal or international. An legal infraction, including an infraction to copyright laws or trademark laws constitute unauthorized use of the Website.
Revocation of authorization. Any unauthorized use of the Website, as well as any violation of the present Terms and Conditions or of Bangoshi’s Privacy Policy shall end the authorization granted by Bangoshi to access and use Bangoshi.com.Your rights to access the Website may be terminated or limited at any time, at Bangoshi’s sole discretion. You acknowledge and agree that Bangoshi may, at its sole discretion and without notice, suspend or terminate your use of or access to its Website. Bangoshi may remove and delete any related materials for any reason whatsoever, including if Bangoshi has reason to believe that you have violated any of these Terms and Conditions. Bangoshi is not obligated to notify you in advance of such termination or to provide you with any explanation. This termination will be in addition to any other rights that Bangoshi will choose to apply. You agree that Bangoshi does not assume any liability whatsoever to you or to any other person as a result of such suspension or termination.
ARTICLE 3
INTELLECTUAL PROPERTY
Copyrights. All the content on the Bangoshi Website belongs to Bangoshi and to its third party suppliers, including but not limited to texts, designs, graphic elements, drawings, pictures, email addresses, forms, illustrations, videos, soundtracks, downloadable content, code, software, domain name, and the general presentation of the content (together called the “Content”).
Those elements are protected by applicable copyrights and trademark laws, in Canada and elsewhere. Therefore, you agree not to print, copy, replicate post, transmit or distribute the Content of this Website.
Trademarks. You are not allowed to copy any trademark, logo or other exclusive information or design of Bangoshi without Bangoshi’s express written permission. You are not allowed to use meta tags or any other “hidden text” using the Bangoshi name or brand without Bangoshi’s express written permission.
Bangoshi, Bangoshi.com and any other brands shown on the Website are commercial trademarks or registered trademarks owned by Bangoshi or its third party suppliers, in Canada and in other countries. Bangoshi’s trademarks and registered pictures cannot be used in connection to products and services which are not from Bangoshi, especially if such use would is confusing for Bangoshi’s customers and is prejudicial to Bangoshi.
In countries where the trademarks, logos, and other property signs are not registered, Bangoshi reserves it rights regarding the non-registered trademarks, logos, and other property signs.
Other product or company names referred to on the Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Starbucks or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, trade name or indicia of origin. All rights not expressly granted are reserved.
Intellectual Property. All invention, patent, industrial design, protected document or object, as well as fabrication processes, trade, scientific, marketing and technical secrets connected to the Bangoshi products, including and without limitations, are Bangoshi’s exclusive property.
ARTICLE 3
CONFIDENTIALITY
Electronic Communications. When you communicate with Bangoshi by email, or when you give us your email address, consent to receive communications from us electronically, including on Bangoshi’s products and services or any information, either promotional or not. If you do not wish to receive email from Bangoshi anymore, please let us know by writing and we will remove you from our mailing list as soon as possible.
ARTICLE 4
RESPONSABILITY
International access to the Website. This Website, www.Bangoshi.com , can be accessed from countries other than Canada. Any products or references to products do not imply that such products will be made available outside Canada.
Website. Bangoshi does not declare or made any express or implied warranty relating to the usage, access and exploitation of this Website.
Loss related to computers and electronic systems. Bangoshi does not guarantee the absence of virus, mistakes, bugs, inaccuracies, or other damageable components on the Website, its servors, or by email from Bangoshi and declines all responsibility in connection with the foregoing. If you download any content from this Website, you do so at your own risk. Bangoshi shall not be liable for any damages arising from the use of the Bangoshi.com website, including without limitation any direct, indirect, incidental or punitive damages.
Bangoshi, its officers, representatives and employees shall not be liable for any loss of profits, operating loss, loss of data, business interruptions or any direct or indirect damage to computers. This limitation of liability will apply even if Bangoshi, its officers, representatives or employees are aware of the possible occurrence of the above damages.
Interruption. Bangoshi does not warrant that the functions of its site will be offered without interruption.
Errors. While we do our best to update and update the content of the Website, errors and / or omissions may occur. Bangoshi.com might also not be up to date. Bangoshi does not warrant that the content on the Bangoshi.com website is accurate, complete, reliable, up-to-date or error-free.
Limitation of responsibility. To the maximum extent permitted by applicable law, Bangoshi and its officers, directors, employees, shareholders or agents and respective successors and assigns shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, or loss or damage arising from or connected in any way to business interruption, arising out of or in connection with the use of or inability to use the Sites, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Bangoshi, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Bangoshi's records, programs or services.
Exception. Some jurisdictions do not allow limitation of liability for contracts with users, therefore some or all of these limitations of liability may not apply to you. Some laws prohibit the limitation of implied warranties, the exclusion or limitation of certain damages. If you are protected by such laws, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights.
Indemnification. You agree to indemnify Bangoshi, its officers, directors, employees, agents, investors or suppliers from and against any and all claims, liabilities, actions, suits, losses, charges, expenses, damages and interests (including legal fees and reasonable attorneys' fees) resulting from any breach of these Terms and Conditions or any activity related to your account (including negligence or wrongful acts) by you or any other person accessing the Website using your account.
ARTICLE 5
OTHER WEBSITES
External Sites. This Website may contain links to other sites, and the Bangoshi Website may be referenced on other sites (the "External Sites"). The External Sites exist independently of the present Bangoshi Website. Bangoshi makes no warranty as to the quality, nature, accuracy, completeness, or reliability of the content of the External Sites.
When you access other sites through links or embedded content, be aware that our terms and policies are no longer applicable and that the terms and policies of such third party sites are effective. You must review the applicable terms and policies, including the privacy and data collection practices of any site you are browsing from our Website.
ARTICLE 6
MODIFICATIONS
Modifications. We reserve the right to make changes at any time to our Website, policies and to these Terms and Conditions. Prices and shipping costs are subject to change between order. If you are a subscriber of a monthly plan, and that this plan is subject to modification, we will notify you and give an opportunity to cancel your subscription within 30 days the modification came into effect. Bangoshi expressly reserves the right to revise or discontinue, at any time, the availability of any of its products.
As the terms and conditions of this Agreement may be changed at Bangoshi’s sole discretion, without notice, we advise you to visit this Website from time to time to stay informed of changes. You waive any right to be specifically informed of such changes or modifications.
Consent. Your continued use of this Website will attest your consent to any changes. If you continue to use the site after posting a change or revision, it will mean that you accept this change or revision. If you do not agree to be bound by any modification or revision of these Terms and Conditions, you must immediately stop using this Website.
Interruption. Bangoshi reserves the right to interrupt, without notice, temporarily or permanently, the Website or all of its functionalities or any part thereof. You agree that Bangoshi shall not be liable for any suspension or interruption of the Website or any part of it.
ARTICLE 5
GENERAL CONDITIONS
Jurisdiction and compliance with laws. Access to and use of the Website and these Terms and Conditions are governed by the applicable laws of Canada and laws of the Province of Quebec.
Divisibility. If any of the terms of the Terms and Conditions were to be held to be invalid, unlawful or unenforceable for any reason, such condition shall be considered severable and shall not affect the validity and enforceability of the other terms.
Full agreement. This Agreement, the Privacy Policy and the Sales Agreement, if applicable, constitute the entire agreement between the parties and there is no other oral or written agreement or representation regarding the subject matter herein.
Bangoshi Tea Company
Présidente: Léonie Brais Laporte
779 Greene
Montréal (Québec)
Canada
H4C2J8
Tel. : (514)261-7005
Email: hey@bangoshi.com