terms and conditions
Wild Sparkling Tea Ltd. (referred to below as "Wild Tea”, “us" or "we") provides the www.wildteakombucha.com website and various related services (collectively, the "Site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms"), as well as any other written agreement between us and you. PLEASE BE AWARE THAT By accessing or using the Site you agree to be bound by these Terms. IF YOU DO NOT OR CANNOT AGREE TO THESE TERMS, PLEASE CEASE ACCESS TO THE SITE IMMEDIATELY.
You may use the Site only if you are legally able to form a binding contract in Alberta, Canada or in your jurisdiction. If you are accepting the Terms on behalf of a corporation or other legal entity, you represent and warrant that you are authorized to do so.
As used in these Terms, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
Changes in Site
We reserve the right, in our sole discretion, to either modify or discontinue the Site, including any of the related features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms.
Your Obligations
You are solely responsible for your use of the Site and any content you submit as part of your use of the Site, including content you submit to our external social media sites.
When using the Site, you agree to abide by the following standards:
you will obey all applicable laws and regulations; and
you will not submit any content (privately or publicly) via any forms on the Site, to any of our external social media sites, or to emails published on the Site that:
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
victimizes, harasses, degrades, or intimidates an individual or group of individuals for any reason, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and/or
impersonates any person or entity, including any of our employees or representatives.
In addition, you agree as follows with respect to your use of the Site:
not to alter or modify any part of the Site;
not to bypass, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Site content or enforce limitations on use of the Site or the Site content;
not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
not to use or launch any system that accesses the Site automatically or to install or transmit any computer program or software on or via the Site;
to act in a respectful and conscientious manner when using the Site;
not to use the communication systems provided by the Site for any commercial solicitation purposes, except for as expressly permitted by us;
not to solicit, for commercial purposes, any users of the Site;
that you are not entitled to remuneration or compensation of any kind from us for your use of the Site; and
not to use the Site for any commercial purpose not intended to be allowed by the Site without our prior written consent, including but not limited to:
the sale of access to the Site;
the sale of advertising, sponsorships, or promotions placed on or within the Site or its content; and/or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Site content (other than your user content) delivered via the Site, unless other material not obtained from us appears on the same page and is of sufficient value to be the basis for such sales.
We neither endorse nor assume any liability for the contents of any material on the Site, including material uploaded or submitted by third party users of the Site.
You may not use your account or the Site to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
Your failure to comply with any of the above conditions and restrictions of use constitutes grounds for us to immediately, and in our sole discretion, terminate your access to and use of the Site and its contents. You agree that we may at any time, and at our sole discretion, terminate your membership, profile, account, or other affiliation with the Site (as may be applicable) without prior notice to you for violating any of the above provisions. In such event, we shall have no liability to you Nor any third party for your failure to comply with the Terms or any losses or damages that may result from your use of the Site, nor for any interruption or termination of your access or use of the Site.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Site, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
Account Registration
As a condition to using certain aspects of the Site, you may be required to set up a profile or register an account with us, and select a unique username and password. Should you register an account or set up a profile, you shall provide us with accurate and complete information, and promptly notify us if that information changes. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination or deactivation of your profile or account.
You are solely responsible for activity that occurs on your account or via your profile, and shall be responsible for maintaining the confidentiality of your account/profile credentials, including without limitation your account password. You are required to promptly notify us should you suspect or become aware of any unauthorized use of your account or user credentials.
Purchases Using the Site
By reviewing the products on the Site (the “Products”) you agree to the following additional terms:
All prices noted with respect to the Products are displayed in Canadian dollars and we reserve the right to change or adjust prices at any time.
The Products may only be ordered from and shipped to Canadian Provinces and Territories. Certain Products, including those containing alcohol, may only be ordered from and shipped to specific Canadian Provinces, including Alberta, British Columbia, Saskatchewan, Manitoba and Nova Scotia.
In some cases there may be minor differences or errors in how a Product is described or pictured. We make every effort to limit such differences or errors and will correct such differences or errors when we become aware of them. Please notify us at the address below if you become aware of any such differences or errors.
If you choose to purchase any Products through the Site (a “Purchase”), you agree to the following additional terms:
You are a resident of and your Purchase will be picked up by you, or shipped to you, as may be applicable, in the Canadian Provinces and Territories. More specifically:
PICK-UP AT WILD TEA KOMBUCHA WAREHOUSE
In the event that you opt for curb-side pickup, you’ll be notified via EMAIL when your Purchase is ready with the additional information for your pick-up. Curb-side pickup location: #14, 7003 30 Street SE. Our hours are Monday-Friday 10AM-5PM MDT (closed holidays).
FREE DELIVERY WITHIN CALGARY
In the event that you opt for delivery of your Purchase in Calgary, AB, please note that Purchases made by 12PM MDT Wednesday, will be delivered Thursday or Friday of the same week between 10AM-5PM MDT. Please note that we cannot guarantee a delivery date/time at this time. You’ll be notified when your Purchase has been dropped off at the delivery address provided by you. Same week deliveries are not guaranteed for Purchases that are not placed by the Purchase cut-off day/time noted above. Free shipping will automatically be applied to every Purchase over $30.
SHIPPING VIA CANADA POST
All Purchases placed with shipping addresses outside of the City of Calgary, Cochrane, Airdrie, or Okotoks will be sent Canada Post via Expedited Parcel. Please allow 24-48 hours for your Purchase to be processed, and 5-10 business days to receive your Purchase once it has shipped. You’ll receive a notification when your Purchase has shipped, including the applicable tracking number.
PLEASE REFRIGERATE WHEN RECEIVED
When you’ve received your Purchase, please do get it in the fridge as soon as possible. Our products are intended to be refrigerated.
2. If you have opted to purchase a “hard kombucha” product, or a product containing alcohol, as part of your Purchase, you are of legal drinking age in the Province in which you reside and from which the Purchase is being made.
3. You agree to pay the full amount for your Purchase plus any applicable taxes and shipping and handling fees. These amounts will be calculated for you at the time of your Purchase. You may also be responsible for additional charges and will be notified of such charges if they are applicable.
4. We do not receive or handle your financial and payment details. Your Purchase will be processed through Stripe and/or SquareSpace, and will be governed by their terms of use. Please see their respective websites for further information.
5. Your Purchase is only complete once confirmed by us. We may take steps to verify your compliance with these Terms before we complete your Purchase, and we reserve the right to modify or refuse your Purchase at any time at our sole discretion (for example, if there is a violation of these Terms or the Products are no longer available).
6. Your Purchase will be delivered in accordance with the notice provided to you at the time of your Purchase, and in accordance with the terms noted in (1) above. Please note that the notice is an estimated delivery time only - we will work with our service providers to deliver your Purchase within the estimated time in as few shipments as possible, but there may be delays in shipment or delivery beyond the control of us or our service providers and your Purchase may be delivered in more than one shipment. We may contact you if we become aware of delays in the delivery of your Purchase, but please notify us at the address below if you do not receive your Purchase within the estimated time and have not heard from us about delays.
7. All items in your Purchase are final sale. However, if you’re unhappy with the quality of your Purchase, please contact us and we’d be happy to discuss a replacement.
Privacy, Third Party Sites and Information
By agreeing to these Terms and using the Site, you are also agreeing to the Privacy Policy located at https://www.wildteakombucha.com/privacy-policy . Please review the Privacy Policy carefully before using the Site. Please note that payment services are provided by our third party service provider, SquareSpace, and that by making a Purchase via the Site you are also agreeing to SquareSpace’s Privacy Policy, located at: https://www.squarespace.com/privacy
The Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Please review the terms of use and privacy policies of such third party sites carefully before using their sites. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, privacy practices, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the sites or party by us, or any warranty of any kind, either express or implied. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us and our Affiliates with respect such links, website and third party information, and, to the extent permitted by applicable law, agree to indemnify and hold us and our Affiliates harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Intellectual Property Information
For purposes of these Terms, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site. This includes message boards, chat, and other original content.
By accepting these Terms, you acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and is our and/or our Affiliates’ sole property. Except for a single copy made for personal, non-commercial use only, you may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights, including without limitation intellectual property rights, of third parties.
Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. Subject to our Privacy Policy, any communication, content or material that you transmit to the Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated by default as non-confidential and non-proprietary.
While you retain rights in such communications, content or material, you grant us and our Affiliates a non-exclusive, irrevocable, royalty-free and fully paid-up, perpetual, sublicenseable, transferable and universal right and license to:
copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used;
(and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and material, in connection with the Site; and
use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Site.
You also waive your moral rights in such communications, content or material in our and our Affiliates’ favour.
To enable us to host your content pursuant to the above provisions, you hereby grant to us a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights solely in connection with the Site.
You shall be solely responsible for your content and the consequences of submitting your content to us and the Site. Where you are uploading or posting any information or other content to the Site, you represent and warrant to us that you have the right to post this content and to grant the licenses to us described in these Terms, that such content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the content does not breach any of the provisions of these Terms.
Disclaimer of Warranties
THE SITE, ALL MATERIALS ON THE SITE AND ALL PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE, MATERIALS, PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, THE MATERIALS OR THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND/OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE, MATERIALS OR PRODUCTS AND/OR SERVICES ON THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE SITE OR SUCH INFORMATION.
THE SITE COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND THE SITE PROVIDED COULD BE INTERRUPTED OR CEASED FROM TIME TO TIME. THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH THREATS OR ACTIVITIES.
Content available through the Site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by anyone other than our authorized spokesperson(s) speaking in his/her official capacity.
You understand and agree that temporary interruptions of the services available through the Site may occur as normal events.
You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THE EVENT THAT ANY CLAIM OR LIABILITY ARISES AGAINST US, OUR AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE AND/OR RELATED SITE OR ANY OTHER CIRCUMSTANCE GIVING RISE TO LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES ONLY, AND SUCH DIRECT DAMAGES SHALL NOT EXCEED $50.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gains access to the Site; what content you access via the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release us from all liability for you having acquired or not acquired content through the Site.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including solicitor-client costs on a full indemnity basis, that arise from your use or misuse of the Site, your violation of any of the Terms, your violation of any third party right, including, without limitation, any intellectual property or privacy right, or any claim that your content caused damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms and your use of the Site.
International Use
Although the Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Canada, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your account/profile or your access to all or part of the Site with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account/profile and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Governing Law
The Site (excluding any linked site) is controlled by us from our offices within Alberta, Canada. It can be accessed from all Canadian Provinces and Territories, as well as from other countries around the world. As each of these places has laws that may differ from those of Alberta, by accessing this Site you agree with us that the statutes and laws of the Province of Alberta, without regard to any conflicts of laws principles or any other legislation of any other jurisdiction, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site. You agree to submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the Province of Alberta for all matters arising from your use of the Site.
Entire Agreement
Unless otherwise provided herein, these Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.
Miscellaneous
Any cause of action brought by you against us or our Affiliates must be instituted within two years after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site, or use of or access to the Site.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that or any other right or provision.
Changes to the Terms
These Terms are effective as of July 5, 2021. We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time, and to familiarize yourself with any modifications or revisions that may be made. Your continued use of the Site after such modifications or revisions will constitute your acknowledgement of the modified Terms, and your agreement to abide and be bound by the modified Terms.
Contact Us
You can contact us at:
Emily Baadsvik, Co-Founder/CEO
#14, 7003 30 Street SE
Calgary, AB T2C 1N6