Terms of service

Acceptance of the Website Terms of Use 

These website terms of use constitute a legal agreement and are entered into by and between you and Clearsips Ltd.. ("Clearsips", "we", "us", "our"). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively,  the "Terms and Conditions"), govern your access to and use, including any content, functionality, and products or services offered on or through www.clearsips.ca (the "Site").

The Site provides an online marketing and sales platform for customers to purchase non-alcoholic beverages produced by various suppliers.

By using this Site, you represent and warrant that you are of the legal age of majority in your jurisdiction. If you do not meet all of these requirements, you must not access or use the Site. Parents and legal guardians are responsible for ensuring their children do not use the Site.

Modifications

We may revise these Terms and Conditions, at any time, by updating this posting. We may provide notice to you of material revisions by means of a general notice on the Site. Your continued use of the Site after such revisions are posted, will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review these Terms and Conditions.

Use of the Site, Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Site. Users are required to ensure that all persons who access the Site through a user's internet connection are aware of these Terms and Conditions and comply with them. The Site, including subscriptions, content or areas of the Site, may require user registration. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Your provision of registration information and any submissions you make to the Site through any functionality such as order forms, reviews, and other such functions as may be available from time to time (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found here.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided with an account, your account is personal to you and you agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

Online Purchases

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

All orders, purchases or transactions for the sale of goods made using this Site are subject to these Terms and Conditions and any additional terms and conditions posted at the time of sale, which are incorporated into these Terms and Conditions.

Products and Services

Certain products or services may have limited quantities and are subject to return or exchange only, according to our Return Policy.

While we have made every effort to display as accurately as possible the colors and images of the products that appear at on the Site, we cannot guarantee that your device's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Payment

Terms of Payment: The terms of payment are as set out on the Site, from time to time. Your use of the Site confirms your acceptance of such terms.

Currency:  All prices quoted are payable in Canadian currency.

Taxes: The cost of all applicable taxes arising from any order shall be added to the fees that you are responsible for paying us, as set out on the Site.

Third Party Payment Processor:  Payment of purchases through the Site is processed by and through Shopify, using its own or a third party payment processor, which may be made available to you through the Site. The processing of your payment is therefore conducted by an entity wholly separate from and independent of Clearsips, and we hereby disclaim absolutely any and all liability, whether, direct, indirect, vicarious or otherwise, for the processing of your payment. You acknowledge and agree that we provide access to such third party payment processor "as is" without any warranties, representations or conditions of any kind. Your use of a third party payment processor is entirely at your own discretion and you should ensure you are familiar with, and approve, the terms on which such services are provided by the third party payment processor. Your personal credit card details are subject to the security policies and systems employed by the third party payment processor. As such, you are advised to make yourself familiar with such security policies and systems. Other payment methods may be made available in the future, and you should read these Terms and Conditions periodically for the payment methods that may then be available. 

Ordering and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Subscriptions for Monthly and / or Recurring Delivery

From time to time, Clearsips may offer a subscription service for monthly and/or recurring delivery (a "Subscription") of alcohol-free products to customers.

In order to sign up for a Subscription, you must provide your shipping information including your address and billing information, and a valid email address and password to create your login profile. All information that you provide to us, including your credit card information, is subject to our Privacy Policy as well as these Terms and Conditions. You are responsible for keeping your registration information up to date through the account page.

Subscriptions will be delivered at the agreed to intervals. Any products included in a Subscription are subject to change, depending on availability as we cannot guarantee that a particular selection will be available in a particular timeframe or that it will be available in subsequent timeframes.

BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.

Subscription Renewals

You will automatically be charged each month for your ongoing Subscription. If you have committed to a Subscription plan lasting longer than one month (i.e., 6 or 12 month plans), you will automatically be charged each month during that time period (the "Subscription Period") and your Subscription to such service will continue until you cancel it. Cancellations are effective after 30 days' written notice (the "Effective Date of Cancellation"). To cancel, you must email us at info@clearsips.ca and request cancellation. Your subscription will continue until your Effective Date of Cancellation. If you do not cancel your Subscription, your subscription will automatically renew for a new Subscription Period of the same duration immediately following your current Subscription Period. We may refuse to renew any Subscription at our sole discretion. Subscription charges are non-refundable except in accordance with our Return Policy.

Return Policy

To be eligible for a return, your item must be in the same condition that you received it, unopened and in its original packaging. You’ll also need the receipt or proof of purchase. Please note that we are unable to accept returns on perishable goods.

To start a return, you can contact us at info@clearsips.ca. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

We will notify you once we have received and inspected your return, and let you know if the refund was approved or not. If approved, you will be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

If you have questions about returning an item, please contact us at info@clearsips.ca.

Delivery

Clearsips takes no liability or responsibility for orders that are delivered and end up misplaced. When an order is made Clearsips will do it's best to arrange a time or provide alternate options for delivery with the customer. When the delivery is completed (dropped off) and no one is available to accept the order, the "order" will be placed in a safe location (agreed upon by the customer) and a photo proof will be provided to the customer, following the delivery.

Intellectual Property Rights and Ownership

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Clearsips, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Clearsips name, Clearsips logo, and all related names, logos, product and service names, designs, images, and slogans are property of Clearsips or its affiliates or licensors. You must not use such marks without the prior written permission of Clearsips.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except for personal, non-commercial use.

Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Prohibited Uses

You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Site owner's ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.

Conditions of Use and User Submissions

As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the website, or other persons (collectively, "User Submissions") and any and all Interactive Functions. Clearsips may review User Submissions, including any product reviews, before they are posted to the Site, and reserves the right to review, approve, reject or remove for any or no reason any User Submission in their sole discretion.

User Submissions: Grant of Licence

The Site may contain Interactive Functions allowing User Submissions on or through the Site.

None of the User Submissions you submit to the Site will be subject to any confidentiality by Clearsips.  By providing any User Submission to the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you, not Clearsips, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Site.

No Reliance

This Site may include content provided by third parties. All statements and/or opinions expressed in any such third-party content, other than the content provided by Clearsips, are solely the opinions and the responsibility of the person or entity providing those materials. Clearsips has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using our Site, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy, found at [INSERT LINK TO PRIVACY POLICY], as we deem necessary for use of the Site and provision of services.

Third-Party Websites

For your convenience, this Site may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Site. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Geographic Restrictions

The owner of the Site is based in Ontario, Canada. We provide this Site for use only by persons located in Canada. This Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

PREGNANT WOMEN AND OTHERS WITH A LIMITING DISEASE SHOULD SEEK MEDICAL CONFIRMATION BEFORE CONSUMING ANY NON-ALCOHOLIC OR LOW-ALCOHOL PRODUCTS SOLD THROUGH OUR SITE.

NEITHER Clearsips NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER Clearsips  NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL Clearsips NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS LIABILITY FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR SERVICES WHICH GIVES RISE TO THE DAMAGES. YOU ACKNOWLEDGE THAT THE FEES PAID BY YOU REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT Clearsips WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Clearsips, its directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Site, including, but not limited to, your User Submissions, third-party sites, any use of the Site's content, services, and products other than as expressly authorized in these Terms and Conditions.

Governing Law and Choice of Forum

The Site and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Alberta or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. 

Any action or proceeding arising out of or relating to this Site and under these Terms and Conditions will be instituted in the courts of the Province of Alberta, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions, including any documents and/or additional terms they expressly incorporate by reference, constitute the sole and entire agreement between you and Clearsips regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Our Contact Information

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to info@clearsips.ca

Last Revised: May 1, 2022