The Tea Club [Dollar Tea Club, Inc] – Terms of Service
Last updated on July 16, 2018.
Welcome to The Tea Club website. The Tea Club is an operating name registered and owned by Dollar Tea Club, Inc. Dollar Tea Club is a legal trademark of Dollar Tea Club, Inc.
These terms of service are a legally binding agreement between YOU (“customer”) and Dollar Tea Club, Inc (includes owners, operators, affiliates, subsidiaries, designees, officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensees or the like (collectively, “Associates”)).
By using the site, you acknowledge and agree that you are least the age of majority in your jurisdiction of residence and that if you are under the age of majority you are using the site with the consent of your parent or legal guardian AND that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are the parent or legal guardian of a minor who is registering or using TheTeaClub.com/DollarTeaClub.com, you hereby agree to bind said minor to this agreement and to fully indemnify and hold harmless Dollar Tea Club if said minor breaches or disaffirms any terms or conditions of this Agreement.
1- CHANGES TO TERMS, PERSONAL INFORMATION, PRIVACY
1.1 CHANGES TO THE SITE
Dollar Tea Club reserves the right to add, change, or remove any part of the website, including, without limitation, any content (as defined below) therein at any time without prior notice.
1.2 PERSONAL INFORMATION & PRIVACY
You agree to provide accurate, current, and complete information as required for the purchase of products and memberships. You agree to update that information as soon as possible after any relevant information provided changes.
2 – PASSWORDS, USE OF SITE & PROHIBITIONS
2.1 – PASSWORDS
Dollar Tea Club offers third party website login. This allows you to login to this site by using login credentials for an existing account on one of the following websites: Facebook, Twitter, Google Plus, Paypal, Amazon, Instagram and LinkedIn. This may configure your privacy settings in your third party website to permit activities carried out on Dollar Tea Club to be shared with your contacts on your third party site. As well, use on our site while logged in through third party login is governed by terms and conditions of such third party’s website as well as Dollar Tea Clubs terms and conditions.
If you do not login through a third party website you will be prompted to register. Registering requires that you create an account by providing first name, e-mail address and password. You are responsible for maintaining confidentiality of your password. You agree not to share your password or let anyone else access your account or do anything else that might jeopardize the security of your account. You agree to notify Dollar Tea Club if there is any unauthorized use of your password on this site or if you know of any other breach of security in relation to this site.
2.2 – USE OF WEBSITE & PROHIBITIONS
Compliance with this agreement grants you limited personal access to the site. You may not transfer your membership. Any material on the site (including content, information, images, graphic, text, audio/video clips, etc) is for your personal, non-commercial use. You may not copy or reproduce any works from content found on this site unless expressly set forth in this agreement. Copying of material on this website for commercial use may lead to a termination of your membership.
Attempts to disable or circumvent any security mechanisms on the website or to gain unauthorized access will lead to the immediate termination of your membership. We reserve the right to ban members for any security reasons at our discretion.
3 – TERMS OF SALE, RETURNS
3.1 – SALE OF PRODUCTS AND MEMBERSHIPS
Dollar Tea Club sells tea and other tea supplies (“products”) to users for personal, non-commercial use. You may not purchase products for further distribution or resale, or for any other commercial/business purposes. Dollar Tea Club reserves the right to limit the quantity of memberships purchased per person, per household, or per order. The membership are all personal and non-transferrable.
3.2 – PRICING
Products and memberships offered through TheTeaClub.com/DollarTeaClub.com are concluded upon the confirmation of the order by e-mail from Dollar Tea Club to you. All prices shown on the website are net prices of our products including shipping, including any applicable taxes. The total price of your order will be reflected on the final checkout page. An order receipt will be sent to the e-mail address provided during signup and this receipt will show the final price as well. We reserve the right to change prices for products at any time. We do not provide price protection or refunds in the event of promotional price decreases. The foregoing is inapplicable in Quebec.
3.3 – REFUND POLICY
If you are dissatisfied with our products for any reason, Dollar Tea Club will refund the amount paid for your most recent month of service. Refund requests must be made directly to firstname.lastname@example.org. All refund request must be made within thirty (30) days of the date of delivery. Dollar Tea Club will credit the amount paid for the refund (less any shipping and handling costs related to the original purchase, which are non-refundable) to the credit card used to make the purchase. Dollar Tea Club does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have any questions about the status of the chargeback. We do not provide refunds for returned products that have been ruined due to misuse, lack of care, mishandling, accident, abuse, or opened tea.
3.4 – PAYMENT METHODS, MEMBERSHIP TERMS AND MEMBERSHIP CANCELLATION POLICY
Dollar Tea Club accepts credit cards (Visa, American Express, MasterCard). You agree to pay all fees charged to your account as shown on the payment page. Remember, the price shown on the website is the NET PRICE of the product which includes shipping and applicable taxes. The total price of your order will be reflected on our final checkout page as well as a receipt which will be sent to the e-mail address associated with your account. You are responsible for paying the total amount reflected on our final checkout page. If you are unable to make the payment for any reason or do not wish to make the payment for any reason you must cancel your subscription 24 hours prior to the next billing date. All payments are collected prior to shipping the products. You represent and warrant that you are the cardholder of the credit card used. If payment/credit card is rejected for any reason Dollar Tea Club reserves the right to either suspend or terminate your account and membership. All sales and payments within Canada will be in Canadian Dollars. All sales and payments within the United States will be in USD.
3.5 – FIRST ORDER
Once placed, first orders cannot be changed/cancelled. Customers may return first orders to the sender for a refund on the products sent, however, once an order has been placed, a customer may not cancel that order and will be charged for the total of the order.
3.6 – RETURNS
Any shipping charges associated with returns will be charged to the customer. Tea may only be returned if unopened. Returns will only be accepted (30) days after the customer has received their order. Tea, opened or unopened, can only be returned (30) days after received.
IMPORTANT NOTICE TO CONSUMER:
Dollar Tea Club is a month-month, cancel-at-any-time, biennial membership. At least thirty (30) days prior to your memberships biennial anniversary date, Dollar Tea Club will send you an e-mail requesting whether you would like to renew your membership. In the event we do not get a response within thirty (30) days your membership will be automatically renewed. Memberships are billed monthly, and may be cancelled at any time by logging onto your account at www.TheTeaClub.com and following the account cancellation steps. To cancel your memberships login to your account and select the “membership options” button on your account page, follow the instructions. Cancellations must be received ten (10) days before the billing date of the upcoming month to avoid being charged. Memberships cancelled after ten (10) days before the date of billing may be charged because of our automatic system policies. If you have any problems or questions, please email email@example.com. Upon cancellation, you will not be eligible for a prorated refund of any portion of the membership fees paid for any unused days of the then-current membership terms. There are absolutely NO early termination fees or any other fees of any kind associated with cancelling a membership during the biennial membership term.
3.5 – SHIPPING AND PRODUCT ACCEPTANCE
The shipment date will be selected according to whichever shipment date is closer to the date of the customers first purchase date. Shipping dates are estimated only. All shipments are delivered via Canada Post. The risk of loss and title for all products purchased via the site pass to the customer upon delivery of the item to the carrier.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The DTC website reserves the right at any time after receipt of your order to accept or decline your order for any reason.
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
3.6 CORRESPONDENCES WITH MEMBERS
Any and all correspondences sent, issued, expressed, or transmitted by Dollar Tea Club or any of its affiliates to you shall be in English. These may be mailing envelopes/boxes, postcards, business cards, and any and all other mailings including but not limited to electronic mail.
4 – PROPRIETARY RIGHTS
By using www.TheTeaClub.com/www.DollarTeaClub.com you agree and acknowledge that Dollar Tea Club or its licensors own all legal rights, titles, and interest in and to the site and content, including, without limitation, any and all intellectual property on the site, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Dollar Tea Club is a registered pending trademark in both Canada and the United States. Other trademarks, names, including names of tea, content, and logos are the property of their respected owners. Unless otherwise specified in this Agreement, all information and screens appearing on this site, including content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Dollar Tea Club. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
5 – THIRD PARTY SITES; INDEMNIFICATION
5.1 – THIRD PARTY WEB SITES
5.2 – INDEMNIFICATION
You hereby agree to defend, indemnify, and hold harmless each of the Dollar Tea Club Parties (as defined in section 6) from all and any losses, liabilities, damages, and/or claims (including, without limitation, attorneys fees and costs) arising from a breach of this Agreement, or otherwise arising from your (or anyone acting under your password) use or misuse of the Site, Content, or Products.
6 – DISCLAIMER OF WARRANTIES
THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO USERS LIVING IN JURISDICTIONS WHERE THE EXLUSION OR LIMITATION OF LEGAL WARRANTIES CONCERNING GOODS OR SERVICES ARE NOT ALLOWED.
THE SITE, PRODUCTS, CONTENT, AND MEBERSHIPS ARE PROVIDED TO YOU (THE USER) WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. Dollar Tea Club, ON BEHALF OF ITSELF AND ITS DIRECTORS, AFFILIATES, LICENSORS, SUPPLIERS, AND THIRD PARTY SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCESSORS, AND SUPPLIERS (COLLECTIVELY, THE “Dollar Tea Club PARTIES”):
(A): EXPRESSELY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE
(B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS, OR MEMBERSHIP WITHIN OR SOLD BY Dollar Tea Club WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE.
(C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED
(D) DOES NOT REPRESENT AND WARRANT THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(E) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SITE, CONTENT, OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. BY USING THE SITE, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ITS CONTENT, PRODUCT, MEMBERSHIPS, ETC.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND Dollar Tea Club. NO ORAL OR WRITTEN INFORMATION OF ADVICE GIVEN BY Dollar Tea Club OF ANY PERSONS ON BEHALF OF Dollar Tea Club SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
7 – LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS (INCLUDING QUEBEC) MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW (EXCLUSIONS OR LIMITATIONS) MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7.1 – IN NO EVENT SHALL ANY OF THE Dollar Tea Club PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUETIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A Dollar Tea Club PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 – IF, NOTWITHSTANDING THE FOREGOING, A Dollar Tea Club PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, THE RELEVANT Dollar Tea Club PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Dollar Tea Club FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE,; AND (B) THE SUM OF ONE HUNDRED DOLLARS (CAD$100).
8 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
8.1 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER
8.1 (A) – UNITED STATES
Please read carefully. It affects your rights.
We value all of our customers, and make it our effort to satisfy them all. Most customer concerns can be resolved quickly, effectively, and to a customer’s satisfaction by writing to our customer service team at members@TheTeaClub.com or The Tea Club, Attn: Customer service, 7191 Yonge Street Unit #606, Thornhill, Ontario L3T 0C4. In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or a dispute we may have with you after attempting to do so informally), we each agree to resolve those disputes arising out of this agreement (other than those related to Dollar Tea Club enforcement and protection of its name and intellectual property rights) through binding arbitration or small claims court (instead of in courts of general jurisdiction). This includes any claims against Dollar Tea Clubs Parties (including licensors, suppliers, dealers, or third party vendors) whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and allows for a more limited discovery than in court, and is subject to very limited review by courts. The Arbitrator must follow this agreement and can award the same damages and relief that a court can award. We each also agree that this Agreement affects interstate commerce so that the commercial arbitration act and provincial arbitration law apply (despite the choice of law provision in section 8.2 below) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Dollar Tea Club has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Dollar Tea Club for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the ADR Institute of Canada. For a copy of the procedure, or for other information about this organization, contact them as follows: www.adrcanada.ca. Any ruling by the ADR Institute of Canada will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the ADR Institute of Canada and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the rules of civil procedure Ontario, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford any legal fees, you agree to notify all persons against whom you have an arbitral claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
8.1B – CANADA
After any dispute regarding the Program arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. If the parties elect to use arbitration, claims shall be referred to the ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
8.2 – CHOICE OF LAW
Unless the applicable laws of your jurisdiction, such as Quebec, require that the laws of that jurisdiction govern, in which case, the laws of such jurisdiction are to govern, this Agreement is governed by the Commercial Arbitration Act, applicable laws, and the laws of the province of Ontario, without regard to its conflicts of laws rules. Arbitration or court proceedings must be in Toronto, Ontario. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
9 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
9.1 – ELECTRONIC COMMUNICATIONS
Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account information. Since these administrative or account electronic communications are essential to the successful and effective functioning of your Membership the sole remedy to opt-out is to cancel your account. You may cancel your account either by logging into your account or by emailing a request to members@TheTeaClub.com. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
9.2– GENERAL TERMS