These Terms and Conditions (“Terms”) govern your relationship with the http://joya.ca/ website and all information, content, materials, products and services included on or otherwise made available to you through this website and associated technology (collectively, the “Website”) operated by Joya Inc. (“Joya”, “us”, “we”, or “our”). Your access to and use of the Website is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website. By accessing or using the Website you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Website.
Joya reserves the right to update and change these Terms from time to time by posting the updated Terms in a manner accessible through the Website. It is your responsibility to consult with these Terms from time to time to ensure that you are up to date on any changes which may affect you. Continued use of the Website indicates continued acceptance of these Terms.
Reliance on Website Information
The information presented on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The statements made on this Website have not been evaluated by Health Canada or a medical professional. The products sold on this Website are not intended to diagnose, treat, cure, or prevent any disease. Joya makes no claims whatsoever as to the effect upon your health of its products. The information provided by this Website or Joya is not a substitute for medical advice from a properly licensed healthcare professional, and should not be construed as individual medical advice.
If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
The Website and all contents, including but not limited to text, images, graphics or code are the property of Joya Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Website only for your own non-commercial use, or to place an order with Joya. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Joya Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.
Links to Other Websites
The Website may contain links to third-party websites or services that are not owned or controlled by Joya. Joya has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Joya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Disclaimer of Warranty
This Website is provided by Joya on an “as is” and “as available” basis. Joya makes no representations or warranties of any kind, express or implied, with respect to the Website. You expressly agree that your use of this Website and your consumption of food, beverages or other products made available through this Website is at your sole risk to the full extent permissible by applicable law. Joya disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Joya does not warrant the information, products or services included on or otherwise made available to you through this Website are free of harmful components.
Limitation of Liability
You understand and acknowledge that your consumption of the food and beverage products sold by Joya may cause illness, personal injury or death, that such products may become adulterated, may contain harmful ingredients and may cause allergic reactions. You represent that you have independently investigated the advisability of consuming raw foods and the specific products sold by Joya, and have consulted your healthcare professional in that regard.
You also represent that you have read this entire waiver and liability release, or had it read to you, that you fully understand it and that you intend to relieve Joya, its directors, employees, partners, agents, suppliers and affiliates and their respective successors and assigns (the “Joya Group”) from any and all liability for personal injury, property damage or wrongful death caused by negligence or any other cause.
Notwithstanding any other provision in these Terms, you agree that the Joya Group will not be liable for any damages of any kind arising from use of this Website or the products available through the Website. In no event, whether in contract or tort (including negligence), as a result of breach of warranty, strict liability or under any other theory of liability whatsoever, will Joya Group be liable for: (i) any direct, indirect, consequential, incidental, exemplary, punitive or special damages; or (ii) for any damages, whether direct, indirect, consequential, incidental, exemplary, punitive or special, characterized as lost revenue, lost savings or lost profits; even if Joya Group has been advised of the possibility of such damages in advance.
Availability, Errors and Inaccuracies
In order to provide exceptional service, we regularly update the products and services on the Website. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Despite our best efforts, the products or services available on the Website may have an error regarding the price, be inaccurately described, or be unavailable. We may experience delays in updating information on the Website and in our advertising on other websites. Joya does not warrant that access to the Website will be uninterrupted, timely, secure, or error-free.
Contests, Sweepstakes and Promotions
Changes to this Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Website, and supersede and replace any prior agreements, oral or otherwise, regarding the Website.
Any provision of these Terms intended to survive the termination of these Terms, or any parts thereof, shall survive such termination.
If any provision of these Terms shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between Joya and you with respect to the use of and access to the Website and the products available on the Website.
The headings in the Terms are only for convenience of reference and shall not affect the construction or interpretation of these Terms.
4100-66 Wellington Street West
P.O. Box 35 Toronto-Dominion Centre Toronto
This policy was last modified: June, 2018