TOKYO SMOKE
WEBSITE TERMS OF USE


PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.  

Access and use of this website (the "Website") and its related services (the "Services") are provided by TS BrandCo Holdings Inc. ("Tokyo Smoke", "we" and "us") to you on condition that you accept these Terms of Use, and by accessing or using this Website or the Services (including the purchase of any products offered on the Website (the "Products")), you agree to these Terms of Use.  If you do not agree to accept and abide by these Terms of Use you may not access or use this Website or the Services.  

These Terms of Use govern the relationship between you, the Website visitor and/or member (“you”), and Tokyo Smoke with respect to your use of this Website and its related Services.  You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.  You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

MINORS ARE NOT PERMITTED TO USE THE WEBSITE OR SERVICES. BY ACCESSING OR USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER.

  • JURISDICTION   

You understand that: (i) aspects of this Website and the Services, as well as certain Products, may not be available in all jurisdictions; and (ii) you are responsible for ensuring that it is lawful for you to access and use this Website and Services (including the purchase of Products) in your jurisdiction.

If you are residing in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Website or the Services.  

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this Website or the Services, you may not enter into this agreement or use this Website or the Services. By using this Website you are explicitly stating that you have verified in your own jurisdiction that your use of this Website and the Services is allowed.

Your Account (as defined below) may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Website or the Services (including the purchase of Products) is not allowed in your jurisdiction of residence.  

  • PRIVACY

Tokyo Smoke is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed an External Privacy Policy https://shop.tokyosmoke.com/pages/privacy-policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Website or use the Services.  Please see our External Privacy Policy https://shop.tokyosmoke.com/pages/privacy-policy for further details.   

You acknowledge and agree that access to and use of this Website and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.   

  • ACCOUNTS
In order to access and use certain of the Services available on this Website (including the purchase of Products), you may need to sign up for, open and maintain an account (“Account”).   Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use.  If you do not agree to these Terms of Use, you may not sign up for an Account.  
During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password.  Your information may be used by us:
  • to verify your eligibility to create and to maintain your Account;
  • to ensure that your Account, including your username, is unique;
  • to enable us to provide certain security and privacy safeguards;
  • to deal with security, debugging and technical support issues;
  • for billing and payment-related issues;
  • to protect ourselves and others from abuse; and
  • to comply with law.

All of the information you provide to us or that we collect from you in connection with your use of the Website or the Services will be governed by these Terms of Use. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Website or the Services and, in our sole discretion, to report you to the appropriate authorities.
We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
You must not choose a username that infringes the rights of any third party, impersonates any Tokyo Smoke employee, other users, celebrity or anyone with a considerable fame, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.  
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer your Account to any other person, or permit anyone to use same.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge. 

  • PURCHASING PRODUCTS

The prices displayed on the Website are quoted in Canadian dollars.
Please note that advertisements on the Website are invitations to you to make offers to purchase Products and are not offers to sell.  Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order.  Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address.  That shipping notice email constitutes our acceptance of your order.

Also note that the price of any Products on our Website does not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties.  You are responsible for the payment of same.  

If you wish to purchase any Products, you must provide us with a valid Visa® or MasterCard® or American Express® card number. By submitting this information to us, you give Tokyo Smoke permission to charge your order to the card that you designate.

Under no circumstances will we be responsible: (i) for any charges that your credit card issuer may apply to you as a result of our processing your order; (ii) if your card issuer refuses or fails to authorize payment by you; or (iii) for any delays or non-delivery of the item that you endeavoured to purchase arising from any validation checks that may be carried out regarding your payment or identification.
Please refer to our Shipping Policy and Return Policy 
Some situations may result in your order being cancelled. These include, but are not limited to limitations on the quantities of any Products available for purchase; inaccuracies or errors in Product or pricing information; Product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.

For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to the credit card you used to make the purchase in the amount of the charge.

Although we do our best to provide you with the most accurate Product and pricing information, pricing or typographical errors may occur.  In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Site. 

  • PERSONAL USE ONLY
This Website and the Services are only for personal use.  You may not use this Website or the Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

  • CODE OF CONDUCT
You may not interfere with the security of, or otherwise abuse this Website, the Services or any system resources, services or networks connected to or accessible through this Website or the Services.  You may only use this Website and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Tokyo Smoke's computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.  
Tokyo Smoke may, without notice, temporarily suspend your, or any other party's, access to this Website or the Services by deactivating any password(s) or links to the Internet if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Tokyo Smoke may reasonably determine is necessary to permit the thorough investigation of such suspended activity.  
While using this Website or the Services you agree to comply with all applicable laws, rules and regulations.  We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Website and the Services.  

  • AVAILABILITY
While we endeavour to keep downtime to a minimum, we can't promise that this Website or the Services will be uninterrupted, secure or error-free.  We reserve the right to interrupt/suspend this Website or the Services, or any part thereof, with or without prior notice for any reason.

  • ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Website and the Services and that you shall be solely responsible for all charges and fee related thereto.

 

  • CURRENCY OF WEBSITE

Tokyo Smoke may revise, supplement or delete information, services and/or the resources contained in this Website and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Website or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Website or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Website or the Services; and (iv) the equipment, hardware or software required to use and access this Website or the Services.


Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Website.  Your continued use of this Website or the Services after such notice will be deemed acceptance of such changes.  Be sure to return to this Website periodically to ensure you are familiar with the most current version of these Terms of Use.  

  • LINKED WEBSITES

This Website or the Services may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that Tokyo Smoke monitors or endorses these websites. Tokyo Smoke does not accept any responsibility for such websites.  Tokyo Smoke 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 the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

  • INTERNET SOFTWARE OR COMPUTER VIRUSES
Tokyo Smoke shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or the Services or other content from this Website.   Tokyo Smoke recommends that you install appropriate anti-virus or other protective software. 

  • OUR MATERIALS
This Website and the Services are owned and operated by Tokyo Smoke and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, Internet domain names and other similar rights. 

  • PRODUCT DISCLAIMERS
ALL PIPES, TUBES, VAPORIZERS AND OTHER TOOLS AND EQUIPMENT DISPLAYED, ADVERTISED OR SOLD ON THIS WEBSITE ARE ONLY INTENDED FOR: (I) ORNAMENTAL PURPOSES; (II) COLLECTOR PURPOSES; (III) USE WITH LEGAL SMOKING PRODUCTS; AND (IV) OTHER LAWFUL PURPOSES. NO OTHER USE OF THE PRODUCT IS EITHER INTENDED OR CONDONED.  YOU MAY NOT PURCHASE ANY PRODUCTS TO THE EXTENT THAT DOING SO IS UNLAWFUL IN THE JURISDICTION IN WHICH YOU RESIDE.
ALL INFORMATION CONTAINED ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROVIDER. UNDER NO CIRCUMSTANCES SHOULD ANY SUCH INFORMATION BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.  
IF PREGNANT, NURSING OR DIAGNOSED WITH EPILEPSY, A HEART CONDITION, ALLERGIES OR OTHER MEDICAL CONDITION, SEEK THE ADVICE AND ASSISTANCE OF A PHYSICIAN OR TRAINED HEALTH PROFESSIONAL BEFORE USING ANY PRODUCT (INCLUDING, FOR EXAMPLE, ANY VAPORIZER). IF YOU BELIEVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR DOCTOR OR HEALTH CARE PROVIDER.

NEITHER TOKYO SMOKE NOR THE MANUFACTURERS OF ANY PRODUCTS, OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, OR SHAREHOLDERS, OF ANY PRODUCT (INCLUDING, FOR EXAMPLE, ANY VAPORIZER) SHALL BE HELD RESPONSIBLE FOR THE MISUSE OF ANY PRODUCT. YOU (AS THE PURCHASER AND/OR USER OF A PRODUCT) ARE RESPONSIBLE FOR: (I) THE OWN USE OF ANY PRODUCT PURCHASE BY YOU ON THIS WEBSITE; AND (II) ENSURING THAT YOUR USE OF ANY SUCH PRODUCT COMPLIES WITH ALL APPLICABLE LAWS. 

  • WEBSITE, SERVICES AND PRODUCTS ARE PROVIDED “AS IS”
THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE INFORMATION PUBLISHED THEREON), THE SERVICES AND (UNLESS EXPLICITLY SPECIFIED ON THE WEBSITE) THE PRODUCTS ARE PROVIDED ON AN "AS IS", "WHERE IS" BASIS, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. TOKYO SMOKE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE. 

  • LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, THE SERVICES, AND THE PRODUCTS.  

IN NO EVENT SHALL TOKYO SMOKE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION), OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, TOKYO SMOKE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE AND/OR THE SERVICES AND/OR ANY PRODUCTS, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.   

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

  • INDEMNIFICATION
YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS' FEES, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE.

  • TERM & TERMINATION
You acknowledge and agree that access to this Website and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Tokyo Smoke shall not, in any event, be responsible to you in any way should you be unable to access this Website and the Service at any time or from time to time.
Tokyo Smoke may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Website and the Services and/or terminate these Terms of Use (including any of the licenses granted hereunder).  Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof.  Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Website and the Services.

Sections 13 - 20 will survive any termination or expiry of these Terms of Use.

  • NOTICE

If you need to contact us regarding this Website, the Services or these Terms of Use, please e-mail us at info@tokyosmoke.com. You can also contact us via mail addressed to:


TS BrandCo Holdings Inc.
76 Stafford Street, Suite 300
Toronto, ON,
M6J 2S1
Canada 

  • YOUR COMMENTS

Feel free to email your comments, suggestions and feedback ("Comments") to Tokyo Smoke at the e-mail addresses provided in this Website or the Services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Tokyo Smoke is not liable for any damages related to communications to or from this Website or the Services. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) Tokyo Smoke has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) Tokyo Smoke may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful and do not violate the legal rights of others.

  • MISCELLANEOUS

These Terms of Use is governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regards to its principles of conflicts of law.  Subject to the obligation to arbitrate below, you agree to personal jurisdiction of the courts located in located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.   

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Website or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Website or Services, which cannot be amicably resolved, (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and in accordance with the Arbitration Act (Ontario), except as such rules are modified or waived herein.  Although the appointing authority shall be a Justice of the Ontario Superior Court, the arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada or the United States of America and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against Tokyo Smoke relating to any Claim; (ii) opt out of any class proceedings against Tokyo Smoke; and (iii) waive, to the fullest extent permitted by law, any right of appeal.  Notwithstanding the foregoing, Tokyo Smoke reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use (which incorporates by reference our External Privacy Policy https://shop.tokyosmoke.com/pages/privacy-policy, our Shipping Policy and Return Policy https://shop.tokyosmoke.com/pages/returns-shipping-info sets out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us.  These Terms of Use are not assignable, transferable or sub-licensable by you except with Tokyo Smoke’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

These Terms of Use were last updated on May 16, 2016.