Premium Tea Purchases and More: Read Our Terms and Conditions
Welcome to the webpage of Water Over Leaves Tea Company. Please review this agreement (the “Agreement”), which shall apply to the use of this webpage, as well as to the purchase of all products sold to you through this webpage. By using this webpage you represent that you have reviewed and understand the terms and conditions set out therein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement.
As the terms of this Agreement may be modified at the sole discretion of Water Over Leaves Tea Company, without any obligation to notify you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes.
Accepting these terms
By using or accessing the website (wateroverleaves.com, the “Service”, the “site”) of Water over Leaves Tea Company you agree to be bound by our terms listed below. Please read all of the terms before using our site. Contact us with any questions or concerns at hello@wateroverleaves.com with subject: Terms.
This website is owned and operated by Water Over Leaves Tea Company, located in Nelson, BC.
Privacy policy
This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from wateroverleaves.com.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).
Additionally, we use this Order Information to:
Communicate with you; Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above.
For example, we use Squarespace to power our online store--you can read more about how Squarespace uses your Personal Information here: www.https://www.squarespace.com/privacy. We also use Google Analytics to help us understand how our customers use the Site--you can read more about how
Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
MINORS
The Site is not intended for individuals under the age of 18.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at hello@wellnessoverleaves.com or by mail using the details provided below:
Changes to these terms
We reserve the right to modify these Terms at any time. For example, we may update the terms when adding a new feature set. Whenever we make changes to these Terms, the changes are effective immediately after we post revised Terms (indicated by revising the date at the top of this page). If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
Third-party services
From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
Creating accounts
By using this site and/or providing personal information to us, you certify that you are above the age of 13. When you create an account with us, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
Site transactions
We reserve the right to refuse order fulfillment or prohibit orders for any reason under our sole discretion. If your order is cancelled after payment is received, we will issue a refund. We reserve the right to cancel orders that appear to be placed with the intent to resell or distribute our product.
Product information
We reserve the right to edit product descriptions and supplemental information at any time. We apologize for any inconvenience this may cause you during the ordering process.
We cannot guarantee that product colors as they appear in our photographs represent actual product color. This is due to different color profiles depending on the monitor or screen.
We endeavor to accurately convey flavor notes of our consumable products through extensive description and tasting notes. We also attempt to accurately represent the appearance our non-consumable products such as tea ware and accessories through description, dimensions, and photographs. However, such methods are not exhaustive. Upon receiving the product, you may perceive differences in taste or appearance that were not conveyed in the web description or photographs. By using our site, you agree not to base your evaluation of our products on the descriptions, which are intended only to supplement sampling or purchase of our products. We do not accept returns on consumable products once opened. All responsibility rests upon the buyer to purchase small quantities for evaluation purposes or contact us for additional information before purchase. We welcome feedback on our descriptions as we aim to make them as accurate as possible.
Product availability
Due to the nature of our small batch, limited edition, handcrafted, and seasonal products, we cannot always replenish stock once it sells out. We make every effort to remove our out of stock products in a timely manner.
Correspondence
Any and all correspondence with us such as submissions, feedback, reviews, comments, emails, or other user-generated content shall become and remain the property of Water Over Leaves Tea Company. We reserve the right to use correspondence content in any form we choose, but we will request permission if use of your name is necessary. For example, we may use feedback to update a product description. We do not guarantee compensation or response to any correspondence.
Permitted and prohibited uses
You may use our website only for lawful purposes and in accordance with these terms. You agree not to use our website in any way that violates any applicable federal, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries). You also agree not to:
Use our website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our website.
Use any robot, spider or other automatic device, process or means to access our website for any purpose, including monitoring or copying any of the material on our website.
Use any device, software or routine that interferes with the proper working of our website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our website, the server on which our website is stored, or any server, computer or database connected to our website.
Otherwise attempt to interfere with the proper working of our website.
Intellectual property
All materials, including but not limited to site logo, design, text, graphics, pictures, information and other content is intellectual property owned by us and is protected by Canadian and international copyright laws.
Users of the site are prohibited from: (i) modifying or otherwise making any derivative uses of the Service or any portion thereof; (ii) using any data mining, robots or similar data gathering or extraction methods; (iii) reverse engineering or accessing the Service in order to build a competitive product or service; or (iv) using the Service other than for its intended purposes. Violations of our terms may result in termination of your use of the Service.
Hyperlinks and third-party content
You may create a hyperlink to our site but you may not use, frame or utilize framing techniques to enclose any of our logos or other proprietary information without our express written consent.
Water Over Leaves Tea Company makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
Limitation of liability
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL WATER OVER LEAVES TEA COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE, WILL NOT EXCEED INSURANCE COVERAGE AVAILABLE AT THE TIME OF SETTLEMENT OR JUDGMENT. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We do not guarantee uninterrupted or error-free use of our site or the servers storing our data. By using our site, you assume full responsibility of any costs of servicing any equipment used to access our website.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Governing law
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with BC law without regard to conflicts of law principles.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the province of BC and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the province of BC located in Victoria, BC in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
Termination
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
Entire agreement
These Terms constitute the entire agreement between you and Water Over Leaves Tea Company regarding the use of the Service, superseding any prior agreements between you and Water Over Leaves Tea Company relating to your use of the Service.
Feedback
We gladly welcome any suggestions or comments in regards to our website and what information, products, and services which are included here. You can contact us at hello@wateroverleaves.com to share your feedback with us.