Terms of Use
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 Website may make available certain data, research, news, statistics, stories, photographs, opinions, advice, views, materials, recommendations or other information (collectively, the “Information”) that Joya has prepared itself or that has been independently obtained by other services, individuals and third party providers, including news wires, statistics providers, journalists, authors and other providers (collectively, the “Information Providers”). The Information presented on the Website is made available solely for general information purposes. Any Information expressed or made available by the Information Providers or other third parties, including any other user of the Website or Joya products, are those of the respective author(s) or distributor(s) and not of Joya. We do not, nor does any Information Provider, warrant the accuracy, completeness, timeliness or usefulness of, or fitness for any particular purpose, or otherwise endorse, the Information presented on the Website or distributed by Joya or any Information Providers. 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. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. By accessing the Website, you agree not to redistribute the information found within.
Health Information
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. Reliance on any information provided on this Website or provided by Joya is solely at your own risk.
Privacy
You may provide us with Personal Information. “Personal Information” is information that can be used to identify a specific user of the Website. Please see our Privacy Policy to understand how we collect, process, store, and use your Personal Information. Joya makes commercially reasonable efforts to store and maintain your information and account data in a secure operating environment that is not accessible to unauthorized persons, however, we cannot guarantee complete security and you agree that Joya is not liable or responsible for any unauthorized disclosure of the information you provide.
User Conduct
You agree to comply with all applicable laws and these Terms when using the Website, and specifically agree not to:
(i) upload, distribute, submit or link to viruses or any other malicious code;
(ii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website;
(iii) attempt to gain access to information or control of the Website not specifically granted to you;
(iv) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(v) use the Website to do anything that is unlawful, misleading, malicious or discriminatory;
(vi) provide or post information that violates the copyright rights, right of publicity or privacy, trade secret rights or any other proprietary rights of any third party;
(vii) compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services
(viii) misrepresent your identity;
(ix) submit information or content that is false, misleading, illegal, or promotes conduct that would constitute a criminal offense or give rise to civil liability;
(x) submit information or content that is defamatory, discriminatory, offensive, hateful, racist, threatening or pornographic.
Termination
Joya reserves the right to limit, suspend or terminate your access to the Website or any related services, at any time for convenience, or for any other reason (including without limitation in the event of any breach by you of these Terms as determined by Joya in its sole discretion) without notice and without liability. To ensure that we provide a high quality experience for you and for other users of the Website, you agree that we and/or our representatives may access and/or review information provided when you comment on the Website on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website.
Purchases
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.
Product
The products displayed on the Website may be available on our Website for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Website are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Website, and in the case of any conflict in information available in a store versus on the Website, the in-store information governs for product offered for sale in such store. Your placement of an order through the Website constitutes your offer to purchase the items selected by you. Joya may accept or reject your offer, and your offer is not accepted by Joya until Joya ships your order.
Shipping Policy
Website orders are shipped through a number of third party shipping providers. Joya is not responsible for packages that go missing. We will help as much as possible to track any such packages, but ultimately lost packages are the fault of the shipping provider and we cannot assume the responsibility of replacing or refunding missing packages.
You are responsible for providing all shipping information. Please make sure that your shipping information is correct and complete before submitting your order. If you have unintentionally entered incorrect shipping information, please immediately contact Customer Support at support@joya.ca. We cannot guarantee that it will be possible to update the information before your package ships out, but we will do our best to change the information in the system. If your package ships out with an incorrect address on it, and the package is lost, we are not responsible for shipping a new package to you. If your package ships out with an incorrect address on it, but the package eventually is returned to our warehouse by the shipping provider, it is your responsibility to pay for the cost of reshipping the package; alternatively, we can refund the cost of the order minus a 5% restocking fee. Support e-mails will not always be answered on the weekends. We will do our best to contact you as soon as possible once we receive your request for support.
It is your responsibility to enter the complete and accurate shipping address. For example, include a unit number if applicable, and include either a street address OR a P.O. box number. If, for example, you enter both a street address and a PO box number, we will need to contact you to confirm where the package should be delivered. Your order will remain on hold until we confirm the shipping address. If we cannot get in touch with you within 3 days of when you placed your order, the order will be canceled.
Joya is not responsible for shipments that are delayed or returned as a result of incorrect or incomplete shipping information, failed delivery attempts, and/or unclaimed packages.
Return and Refund Policy
You have 30 days to return your product once you receive your order. To be eligible for a return, the product must be unopened with the original seals on the container and in the same condition that you received it.
In the event that your product is faulty, expired or is not the item you ordered then a refund will be made in its original payment method or store credit will be awarded. We will refund or credit you within 15 days from the time that we receive your return.
Product Subscriptions
When starting a Joya Subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscription is cancelled or paused. To be eligible for the stated subscription discount, you agree to a minimum of three (3) shipments. If you cancel before three (3) shipments are processed, Joya can charge you an amount equal to the discount applied to the shipments received. If pausing, the subscription will remain paused until the requested resume date, or if a resume date is not specified, the subscription will remain paused for one (1) year. Your subscription may be cancelled at any time via your customer account on the Website, or by phone or email communication with our customer support team. If cancelling via phone or email, please allow up to 72 hours for cancellation. You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription.
Buying and Reselling Policy
The products on this Website are for individual use only. Products that are purchased from this Website, with or without a discount code, may not be resold or redistributed, without first obtaining permission from Joya. If you want to resell one or more Joya products, please contact us by e-mail at wholesale@joya.ca.
Intellectual Property
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.
Indemnification
You agree to defend, indemnify and hold harmless the Joya Group from and against any and all claims, damages, costs and expenses, including without limitation reasonable legal fees, resulting from or relating to: (i) any matter regarding your access to or use of the Website or anything thereon; and (ii) your breach of any provision of these Terms.
You agree to use best efforts to cooperate with Joya in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
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. We may discontinue all or part of the Website at any time, in our sole discretion.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Promotions may be available for a limited time, and exclude subscriptions.
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.
Governing Law
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.
General
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.
Joya Inc.
4100-66 Wellington Street West
P.O. Box 35 Toronto-Dominion Centre Toronto
Toronto, Ontario
M5K 1B7
CANADA
hello@joya.ca
1-833-477-7387
This policy was last modified: September, 2019