Welcome to Bota Matcha!

These terms and conditions (“Terms”) govern your (the “Customer”, “you”, or “your”) access to and use of 11585266 Canada INC. d/b/a Bota Matcha (“Bota Matcha”, “we,” “us,” “our”) online platform (collectively, the “Platform”). If you have any questions, concerns, or comments on these Terms, you can contact us at hello@botamatcha.ca

GENERALLY

By accessing, viewing, and/or using the Platform, you indicate that you have read, understand, agree to, and intend to be legally bound by these Terms.

Bota Matcha may change these Terms from time to time. Please review these Terms periodically. Your continued access to, viewing, and use of the Platform, and/or our Products and Services means you accept any and all updates, changes, and modifications.

By accessing and viewing the Platform, you represent that you are 18 years of age or older, and that you are of legal age to form a binding contract. If you are not at least 18 years old and able to form a binding contract, you represent and warrant that you have received your parent’s and/or legal guardian’s permission to view, access, and use the Platform, and that your parent and/or legal guardian agrees to these Terms on your behalf.

If you (1) don’t agree to these Terms, (2) are under 18 years of age, and/or (3) don’t have your parent’s and/or guardian’s permission where required, you are not granted permission to access, view, or use the Content or Platform and must exit immediately.

ABOUT US & OUR PLATFORM

A. What We Do

Bota Matcha is health and wellness company that sells various health and wellness products (our “Products”). Our Platform and our Products are only for your personal and non-commercial use and enjoyment. In the event, that we offer any Product(s) for wholesale and/or resale, use of the Products for commercial purposes will be limited to the uses and parameters permitted by the terms of our wholesale terms, which will be listed on the Platform or provided separately to our wholesalers.

B. Signing Up

In order to purchase our Products with a subscription, we may ask you for various information and/or require you to sign up for an account (“Account”).

The Platform will prompt you to provide various information to create your Account, including (1) a username, (2) a password, (3) your email address, (4) your phone number, (5) confirmation that you meet our age requirements (but not your specific age), and (6) various other related information. You agree that to create an Account, you must supply all required information that the Platform prompts you to input.

If you would like to delete your account, you must email us at hello@botamatcha.ca. You may request that we delete your account at any time. We will directly delete your account as soon as possible, but in any case within fifteen (15) calendar days from your request. You will not be charged any fees for this process.

USE OF OUR PLATFORM

By viewing and/or accessing the Platform, Bota Matcha grants you a limited license only for viewing the content of our Platform and purchasing our Products.

OUR PRODUCTS

A. Our Product Offerings

We may offer a range of various Products on the Platform. Please note that:

 

1. Product availability is subject to demand;
2. We may alter and/or discontinue various Products in our discretion;
3. There may be a waiting time for certain Products based upon availability and demand;
4. We may offer various free gifts and/or Products in our discretion from time to time.

B. Product Information

We will provide various information on our Platform regarding each of our Products. Each Product may have various instructions for use and consumption that will accompany each of our Products. All applicable expiration dates, product representations and warranties, and waivers will appear within the instructions and information included along with each Product.

C. Product Shipping

We offer a range of shipping times and rates, which are listed and described at checkout. However, in an effort to be conscious of the environment, we currently do not offer next day air. We may change our shipping policy(ies) and rate(s) from time to time. Any changes to our shipping policy(ies) and rate(s) will be reflected at checkout when purchasing our Products.

D. Product Returns

Currently, Bota Matcha does not accept any refunds, exchanges, and/or returns of ordered Products.

However, if you genuinely feel that our Products are damaged or not of good quality, please email us at hello@botamatcha.ca within seventy-two (72) hours from your receipt of the order(s). We will review all complaints and legitimate requests for return(s) based on the circumstances, but with the final outcome in our sole discretion. You agree not to file any fraudulent complaints and/or requests for a return and/or exchange. Bota Matcha may at its option look into and investigate any claim(s) that Bota Matcha believes fraudulent in any way.

OUR PRODUCT COSTS

All of our Products’ pricing is listed on the Platform along with each Product. Our Products are currently offered to you in two (2) ways, as listed below.

A. Individual Products

You may purchase our Products individually in quantities of your choosing. All prices (including any applicable discounts) will be listed on the Platform.

B. Subscription Service

We also currently offer a subscription service that allows you to pre-order certain Products over a period of time with a discount for subscribing (the “Subscription”). The Subscription pricing and discount(s) are listed on our Platform. If you are not happy with your Subscription for any reason, you may cancel it within sixty (60) days from the end of the subscription period. If there is an extenuating circumstance that you believe should allow you to cancel your subscription earlier, please provide us that information in your cancellation request and we will address that request according to our internal policies, applicable laws, and regulations. You agree that we may charge your credit card during the subscription period in regular intervals. After your Subscription period ends, you may opt in to renew your Subscription at your option.

However, we may at any time alter and change (1) the individual pricing of our Products, (2) the pricing and terms of any Product subscription offer, and (3) the terms of our Product pricing policies at our sole discretion.

OUR INTELLECTUAL PROPERTY

You agree that Bota Matcha and its affiliates, partners, suppliers, parent company, and subsidiaries (“Suppliers”) own all right, title, and interest in and to all (1) the Platform itself, (2) all of our own trademarks, logos, service marks, trade dress rights, or other source-identifying symbols or devices (whether registered or unregistered), such as the “Bota Matcha” trademark(s); (3) our own copyrightable material (whether registered or unregistered) that makes up the Platform (such as our proprietary software, coding, and Content); and (4) all design or utility patents in the Platform (whether registered or unregistered) (collectively, “Bota Matcha IP”).

Other than as described above, you agree to not copy, distribute, display, sublicense, sell, rent, translate, publish, broadcast, transmit, perform, upload, modify, alter, edit, create derivative works from, and/or exploit the Bota Matcha IP and/or any part of the Platform (no matter the medium, anywhere in the world, for any reason – including for any commercial purpose).

You also agree not to interfere with, reverse engineer, exploit, and/or infringe on the Platform in any way.

CUSTOMER CONDUCT ON PLATFORM

A. Customer Restrictions

When using and accessing the Platform (or viewing, creating, and posting Content), you agree that you will not do any of the following:

 

1. Restrict or inhibit any other Customer in any way from viewing, accessing, using and/or enjoying the Platform and/or our Products;
2. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment schemes, or other unsolicited commercial communication, or engage in spamming or flooding through our Platform;
3. Transmit any information, software, and/or material, which contains a virus, trojan horse, worm and/or other harmful component;
4. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate, mine, scrape, and/or search the Platform and/or the Content;
5. Copy, distribute, display, sublicense, sell, rent, translate, publish, broadcast, transmit, perform, upload, modify, alter, edit, counterfeit, create derivative works from, and/or exploit the Content and/or Bota Matcha IP;
6. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up the Platform and/or the Products;
7. Express or imply that any statements you make are endorsed by Bota Matcha, without Bota Matcha's prior written consent;
8. Impersonate any person or entity, whether actual or fictitious, including, but not limited to, any other Customer, or employee or representative of Bota Matcha when using our Platform or ordering any Products.

B. Platform Monitoring

You recognize and agree that Bota Matcha has no obligation or duty to monitor the Platform. However, you agree that Bota Matcha and its Suppliers have the right to monitor the Platform electronically, from time to time, and to disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate the Platform and the Products properly; and/or (3) protect itself, its Suppliers and/or its Customers.

CUSTOMER REGISTRATION AND INFORMATION

A. Accurate Information

To create and post your own Content, we will ask you to sign up and download the Platform. To sign up, we may ask you to provide certain personal information, such as your name, a username, and various other information. You agree to: (1) provide true, accurate, current and complete information about yourself as prompted by any registration form(s), input page(s), and registration form(s) on the Platform; and (2) to maintain and update all such information to keep it true, accurate, current, and complete.

If any information provided by you is untrue, inaccurate, not current, and/or incomplete, we have the right to prevent your access to the Platform.

B. Verification

You agree we may verify your identity at any time during or after your use of the Platform. You hereby authorize us to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, and/or requiring you to take steps to confirm ownership of your email address, mailing address, telephone number, and/or verifying information you provide against third party databases or other sources.

If: (1) you do not provide any required information to login, as prompted, and/or (2) Bota Matcha can’t verify your identity for login purposes, then you agree that Bota Matcha may refuse to allow access to the Content and the Platform.

C. Login and Password

Bota Matcha may require you to create a login and password to sign up to our Platform and purchase our Products (specifically as related to ordering a Subscription). You agree that you are solely responsible for maintaining the confidentiality of your personal login and access information.

D. Use with Your Mobile Device

Access to our Platform and purchase of our Products may be available through a compatible mobile device, Internet, and/or network access, and may require software and/or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

BOTA MATCHA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (1) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE PLATFORMS AND/OR OUR SERVICES AT ANY TIME, OR FROM ANY LOCATION; (2) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF TELECOMMUNICATION SERVICES; (3) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE PLATFORMS AND/OR OUR SERVICES. BOTA MATCHA WILL NOT BE LIABLE TO YOU IN ANY WAY FOR ANY SUCH DELAYS, INTERRUPTIONS, AND/OR INACCURACIES.

ELECTRONIC COMMUNICATIONS

A. Emails

We may: (1) provide you with a way to contact us through the Platform, and/or (2) request that you give us your email address before, during, or after any registration process, so that we may communicate electronically.

You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

All electronic communications will be received or otherwise recorded by Bota Matcha, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information. You agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information other than as requested by Bota Matcha and its Suppliers.

B. Subscriber Emails

You agree that by providing us your email address on the Platform that we may send you subscriber emails with information about Bota Matcha, our Products, and/or various promotions. You may unsubscribe to our subscriber email list at any time by following the “Unsubscribe” link at the bottom of any subscriber email(s) sent to you.

C. Recording

In connection with your use of the Platform and Products accessible through Platform, you acknowledge and consent to the taping or any form of recording of any communication (electronic or otherwise) between you and Bota Matcha, its Suppliers, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by Bota Matcha and its Suppliers of any and all information and data contained in (1) any communication with Bota Matcha and its Suppliers, and (2) any information input posted on or through the Platform and Products.

THIRD PARTY PRODUCTS

We may offer you other services, products, offers, and/or promotions provided through third parties, and not by Bota Matcha (“Third Party Products”) from time to time. If you decide to use Third Party Products, you are responsible for reviewing and understanding the terms and conditions governing Third Party Products. You agree that the third party, and not Bota Matcha or its Suppliers, is responsible for the performance of the Third Party Products. This may contain or reference links to third parties’ websites and platforms. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by Bota Matcha of any information contained in any third party’s website or platform. In no event will Bota Matcha be responsible for the information contained in such third party website or platform or for your use of or inability to use such website or platform. Access to any other website or platform is at your own risk, and you should be aware that linked websites or platforms may contain terms and privacy policies that are different from those of Bota Matcha. Bota Matcha and its Suppliers are not responsible for such provisions and expressly disclaim any and all liability for the same.

INDEMNIFICATION

You agree to defend, indemnify and hold Bota Matcha and its Suppliers harmless from any and all claims, liabilities, costs and expenses (no matter how arising), including, but not limited to, reasonable attorneys' fees, arising in any way from your use of the Platform and our Products that directly and/or indirectly arise from or relate to your use of our Products other than as the Products are intended to be used.

LIMITATION OF LIABILITY

THIS SECTION IS A LIMITATION OF OUR LIABILITY TO YOU. IT SPECIFICALLY LIMITS THE EXTENT TO WHAT WE MAY OWE YOU IN THE EVENT WE ARE LIABLE FOR ANY ACTION BY YOU AGAINST US. PLEASE READ THIS SECTION CAREFULLY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTA MATCHA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF BOTA MATCHA AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOTA MATCHA AND YOU. BOTA MATCHA AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE PLATFORM, THE CONTENT, AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BOTA MATCHA LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $250.00.

GOVERNING LAW

These Terms will be governed by the laws of Canada and the province of Québec, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Headings are included for convenience only.

ARBITRATION

IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU.

Any dispute, controversy or claim arising out of, or relating to, in any way, these Terms and your access to and use of the Platform and the Products, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of these Terms, shall be exclusively resolved by binding arbitration upon a party’s submission of the dispute to arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

This agreement to arbitrate under this section shall be specifically enforceable. We may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. The arbitration shall be conducted in accordance with the American Arbitration Association rules. The arbitrator shall have at least ten (10) years of experience in the field of online services and platforms and also shall have served as an arbitrator at least three (3) times prior to their service as an arbitrator in this arbitration. 

The arbitration shall be conducted in the province of Québec, city of Montreal. The laws of the province of Québec shall be applied in any such arbitration proceedings, without regard to principles of conflict of laws.

All arbitration proceedings will be conducted in French.

Except as may be required by law, you nor your representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of Bota Matcha. The arbitrator shall not be entitled to issue injunctive or other equitable relief.

The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This section shall survive the termination or cancellation of these Terms.

Each party to an arbitration proceeding shall pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses. The arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his or her sole discretion.

INTERPRETATION OF THESE TERMS

If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

PRIVACY POLICY

By accessing, viewing, and using the Platform and the Products, you also agree to accept the Bota Matcha Privacy Policy, as updated from time to time by Bota Matcha.