JUUL Labs Canada Ltd
Terms Of Service
Effective Date: November 5, 2019
1. General Statement / Website Terms Of Service
The www.JUUL.ca website, www.JUULLabs.ca website, partner.juul.ca website, and all related content, mobile applications, and associated services (collectively the "Website"), is a service owned and operated by JUUL Labs Canada, Ltd. ("JUUL Labs," "us" or "we"). JUUL Labs has adopted these Terms of Service to inform you of your rights and obligations when using the Website and/or when purchasing any JUUL Labs products or goods ("Products") ("Terms of Service" or "Terms"). Your use of the Website, and/or your purchase of any Products constitutes your agreement to the following Terms of Service. If you do not agree to these Terms of Service you may not use the Website or purchase our Products from the websites.
JUUL Labs may, and reserves the right, to from time to time modify, limit, change, discontinue, or replace the Website and these Terms of Service at any time. In the event JUUL Labs modifies, limits, changes, or replaces the Website or these Terms of Service, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement. In particular, certain features of the Website may not yet be implemented and references to such features may not be applicable until such implementation.
It is your responsibility to review these Terms of Service on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
JUUL Labs limits purchase of its product via its Website to individuals that are 19 years of age or older. You warrant and agree that you are 19 years of age or older. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. JUUL Labs does not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.
Please read these Terms of Service carefully to ensure that you understand each provision.
2. Eligibility, Safety Acknowledgment, And Registration For An Account
This is a contract between you and JUUL Labs. You must read and agree to these terms before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you can form a binding contract with JUUL Labs, and only in compliance with these Terms and all applicable local, provincial, federal and international laws, rules and regulations. Any use of an account via the Website by anyone under 19 years of age is strictly prohibited and in violation of these Terms.
Our Website contains age-regulated products, which may include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. JUUL and all other nicotine products should never be used by anyone under the legal age. An age verification check will occur during the registration process in order to confirm that you are 19 or older. Only persons who are 19 or older and that have been age verified can purchase products and participate in any promotions or offers from the Website. Due to age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations.
Additionally, no nicotine product should be considered safe. If you have any health concerns about use of JUUL or any other product, we recommend that you consult with your physician. Inhalation of e-vapour from JUUL may aggravate existing respiratory conditions and ingestion of nicotine may cause other conditions (such as an increase your heart rate and blood pressure and cause dizziness, nausea, and stomach pain). If you do not currently use nicotine containing products, we recommend that you do not start.
When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact JUUL Labs immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless JUUL Labs from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms of Service of the Website and your registration constitutes your consent to enter into agreements with us electronically.
3. Termination Of Account
We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting JUUL Labs via the Contact Form. You may not open alternate accounts.
4. Electronic Communication – Account Specific
We may send to you electronic notices or other communication regarding the Website with your consent or in accordance with applicable laws. These types of electronic communications will be sent to the email address that was provided during registration and/or the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication.
While using the mobile application or any other features of the Website, you may receive notifications when you turn on features such as usage alerts, auto-lock or JUUL device locator. You can manage notifications in mobile application settings.
5. Electronic Communication – Marketing Communication
By providing your email address and subscribing to JUUL Labs' Newsletter, you are representing you are of legal age to receive such communications and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your federal, provincial and local regulations. All offers are Void Where Prohibited. JUUL Labs products material are not intended to imply that the products have been evaluated by Health Canada or any other regulatory authorities. JUUL products are not intended to diagnose, treat, cure, or prevent any disease.
6. Communications With Juul Labs
Customers and visitors are encouraged to forward comments or other communications to JUUL Labs via www.JUUL.ca, www.JUULLabs.ca or via e-mail. Furthermore, registered and age-verified account holders may be able to access and participate in an online social community that allows you to post and communicate with other account holders (“JUULTalk”). These Terms govern your participation in JUULTalk as well.
By submitting content through the Website (including JUULTalk), you represent and warrant that:
- You are the sole author and owner of all intellectual property and other content you may post;
- You will not submit or transmit any content that is false, inaccurate or misleading or contains prohibited product or therapeutic claims;
- you will not submit or transmit content through the Website that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable;
- your content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam"; and
- you will not use a false e-mail address, impersonate a third party person or entity, or otherwise mislead JUUL Labs as to the origin of a communication.
Communications violating the restrictions in this section shall constitute a violation of these Terms of Service, and may result in the termination of your account at the sole discretion of JUUL Labs.
Communications violating the restrictions in this section shall constitute a violation of these Terms of Service, and may result in the termination of your account at the sole discretion of JUUL Labs.
Any material or communication transmitted by you to or through the Website will not be treated as confidential. By submitting any content through the Website, you grant us a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use that content for any purposes, including, without limitation, a license to reproduce, prepare derivative works, distribute, perform publicly, transmit, broadcast, and display the content, and you waive any moral rights you may have in this content. Any ideas, concepts, or other materials transmitted by you through the Website may be used by JUUL in any manner, including reproduction, transmission, publication or broadcast without compensation. We have the right, at our sole discretion, to edit or refuse to post content submitted by you. The provisions of this paragraph will survive the termination of these Terms of Service and for the maximum period permitted under applicable law.
You agree to pay JUUL for the amount set out as the ‘TOTAL’ in the order summary of the payment step (“Fee”) for all purchase orders you place through the Website. In the case of a subscription plan for automatic shipments, the Fee will consist of a Subscription Fee which will be charged automatically on a monthly basis.
By providing your selected payment method, you authorize JUUL (through its payment provider) to charge the applicable card or method for the Fee and you represent and warrant that you are the cardholder or account holder. If your payment method is rejected by your card issuer or account provider, JUUL will have no obligation to fulfill your order.
In the case of a subscription plan, you authorize JUUL (through its payment provider) to charge your selected payment method for the Fees associated with your subscription plan on a monthly basis unless you provide notice that you no longer wish to receive the subscription plan or the subscription plan is terminated in accordance with these Terms. If the Fees associated with a particular subscription plan changes and you are already subscribed to that plan, JUUL will give you advanced notice of these changes. If you do not expressly agree to the change in the Fees associated with your subscription plan, your subscription plan will be terminated.
Except where noted otherwise, the prices displayed for JUUL Labs products represent the full retail price listed on the product itself. All prices are quoted and payable in Canadian dollars, regardless of where an order is placed or shipped.
Your purchases may also be subject to sales tax, goods and services tax, harmonized sales tax, or any other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by JUUL Labs at the time of your purchase, in which case JUUL Labs will submit your taxes and/or duties to the appropriate authority on your behalf. JUUL Labs shall not be responsible for failure to pay taxes or duties you owe, unless JUUL Labs has collected such taxes or duties at the time of the purchase.
In the event that you dispute the amount or validity of any Fee made to JUUL Labs through the Website, you must notify JUUL Labs in writing, within ten days of payment, of any such dispute by mail or by email at the address or email address listed below. Except where prohibited, you expressly agree that your failure to notify JUUL Labs of any dispute within ten days of payment will constitute your express waiver of any claims related to the disputed Fee.
8. Cancellation Policy
Orders submitted cannot be cancelled once the tracking information has been generated. Generally, tracking information is generated 24 hours from the time that the order was submitted. To cancel an order placed before tracking information is generated, please contact JUUL Labs Support as soon as possible.
9. Return Policy
In no event will JUUL Labs accept return of and/or issue any refund for purchases made other than through the Website, including purchases made from an authorized JUUL Labs retailer. Products purchased through an authorized JUUL Labs retailer must be returned and refunded through the location from which the products were purchased.
You have the right to withdraw from the purchase agreement with JUUL Labs and to return any new unused item purchased through the Website for a refund without giving any reason up to fourteen (14) days following the receipt of the item purchased. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase agreement by contacting JUUL Labs Support. If you withdraw, JUUL Labs will reimburse to you all payments received from you, including the costs of shipment, within fourteen (14) days from the day you inform us of your decision to withdraw. However JUUL Labs will not reimburse you for any supplemental costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us at the time of purchase.
If you elect to withdraw, you must return the new, unused item purchased to JUUL Labs within fourteen (14) days of notifying us of your election. We may withhold reimbursement until we have received the purchased item. No refunds will be issued for items not returned within fourteen (14) days of notifying JUUL Labs that you would like to return the items for a refund. You agree that you will be responsible for the cost of return shipment in the event you elect to withdraw from the purchase agreement and to return an item for a refund.
Because of the nature of the products sold through the Website, for sanitary reasons, JUUL Labs accepts returns of and will issue refunds only for new and unused devices. If the tamper proof seal is broken we will be unable to accept the returned product and we will not issue a refund.
10. Damaged / Incomplete / Incorrect Orders
You agree to immediately inspect any goods purchased upon receipt of your purchase order. Please report damaged, incorrect, or incomplete orders to us immediately. If you received an order shipped from JUUL Labs that is damaged, incorrect, or incomplete, please contact JUUL Labs Support immediately to explain the problem with your order and to request a refund or replacement goods. JUUL Labs may require you to return damaged items, in which case JUUL Labs will pay for the cost of return shipment.
JUUL Labs does not repair damaged devices nor does JUUL Labs provide spare parts for repair.
11. Product Resale Or Other Exploitation Prohibited
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from the Website or otherwise obtained from JUUL Labs or a JUUL Labs representative without prior written permission of an authorized representative of JUUL Labs. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will void the product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law.
12. Compliance With Law; Indemnification
You agree that your use of any Products and/or JUUL Labs services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use; resale; and marketing, advertising, and/or other forms of promotion.
You agree to indemnify, defend, and hold harmless JUUL Labs and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable legal fees and expenses), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any JUUL Labs Products or services, or the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 12; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Website with your unique username, password or other appropriate security code.
The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by JUUL Labs. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is uncertain and in some cases, may expose the user to serious dangers not encountered with genuine JUUL Labs products.
Please refer to our Authorized Retail Location webpage or contact JUUL Labs Support to learn more about authorized dealers. Any Product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Warranty, incorporated into these Terms of Service by reference. JUUL Labs shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers.
JUUL Labs will not assist with resolving issues pertaining to the purchase of counterfeit products nor will JUUL Labs provide refunds for such purchases.
14. Third Party Links
15. Privacy Statement
16. Governing Law And Venue
To the full extent permitted by law, these Terms of Service will be governed by and interpreted under the laws of the Province of Ontario and the federal laws of Canada applicable therein, and exclusive venue for any dispute that arises out of or relates to these Terms of Service or your use of the Website will be the courts of the Province of Ontario. You agree not to bring an action in any other venue and you expressly agree to waive all objections to these venues. You expressly consent to be subject to the personal jurisdiction of the courts of the Province of Ontario. Except where prohibited, you agree that any cause of action you have that arises out of or relates to these Terms of Service or your use of the Website must be brought by you within one year after the cause of action accrues, otherwise any such action by you against JUUL Labs is permanently barred.
You agree that: (i) the Website and JUUL Labs Products and services shall be deemed solely based in the Province of Ontario; and (ii) the Website and JUUL services shall be deemed passive ones that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Province of Ontario. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Arbitration Act, 1991 (Ontario). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the courts of the Province of Ontario for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the courts of the Province of Ontario are the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
17. Class Action /Jury Trial Waiver
Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from JUUL Labs. This Arbitration section shall be subject to the provisions of any contrary provisions of applicable law. For any dispute with JUUL Labs, you agree to first contact us via email and attempt to resolve the dispute with us informally. In the unlikely event that JUUL Labs has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Toronto, Ontario, unless you and JUUL Labs agree otherwise. If you are an individual using JUUL Labs Products, services, or the Website for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable legal fees and expenses, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing JUUL Labs from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver. This Class Action/Jury Trial Waiver section shall be subject to the provisions of any contrary provisions of applicable law. With respect to all persons and entities, regardless of whether they have obtained or used the Website or JUUL Labs Products or services for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and JUUL Labs are each waiving the right to a trial by jury or to participate in a class action, collective action or other representative proceeding of any kind.
18. Release And Waiver Of Claims; Assumption Of Risk
YOU HEREBY AGREE TO THE FOLLOWING, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (i) to waive any and all claims that you have or may have in the future against JUUL Labs, or any of its distributors, resulting from use of the Website and JUUL Labs Products and services; and (ii) to release JUUL Labs or any of its distributors from any and all liability from any loss, damage, injury or expense that you or any users of the Website and any JUUL Labs Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of JUUL Labs, in the design or manufacture of the Website or of any JUUL Labs Products or services.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
You and JUUL Labs understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against JUUL Labs and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities' officers, directors, employees, stockholders, partners, members, consultants, agents, legal counsel, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.
19. Trademarks And Copyright
The Website features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data that are the property of JUUL Labs and its affiliates or licensors. The Website also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. The Website and all of its content are protected under copyright, trademark and other laws of Canada and other countries.
20. Use Of Material From The Website
All content of the Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on the Website (collectively the "Materials"), are the property of and owned by JUUL Labs or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.
The Website and related content is provided for informational purposes only. Your use of the Website is at your sole risk. The Website is provided on an "as is" and on an "as available" basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on the Website may contain inaccuracies and typographical errors.
With respect to the mobile application and any ability to view your usage and set usage alerts, we cannot guarantee that the features are fully accurate, correct or will be capable of being accessed at all times. The content, information or services provided through the mobile application are not intended to, and should not be, relied upon as or replace any medical or medicinal product or service.
You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
21. Disclaimers Of Warranty
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES AND CONDITIONS, SO THE FOLLOWING EXCLUSIONS MAY NOT APPLY TO YOU. JUUL LABS PRODUCTS AND SERVICES, AND THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE FOREGOING IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE APPLICABLE PRODUCT WARRANTY, JUUL LABS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER RELATED TO USE OF THE WEBSITE OR JUUL LABS PRODUCTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JUUL LABS OR THROUGH ANY JUUL LABS PRODUCT OR SERVICE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, JUUL LABS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION ON THE WEBSITE IS OR WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, USEFUL, TIMELY, OR CORRECT; THAT THE JUUL LABS PRODUCTS AND SERVICES, AND THE WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS, INCLUDING PRODUCT OR DEVICE LEAKING; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE JUUL LABS PRODUCTS OR SERVICES, OR THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
JUUL LABS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND JUUL LABS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
22. Limitation Of Liability
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE FOLLOWING LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER JUUL LABS NOR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM: 1) PURCHASE AND/OR USE OF ANY JUUL LABS PRODUCTS OR SERVICES; 2) USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE; 3) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THE WEBSITE; OR 4) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US; IN EACH CASE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO JUUL LABS HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF OR FOR BREACH OF A CONTRACT, OR ARE BASED ON TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, FAILURE OF ESSENTIAL PURPOSE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, OR ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THE WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
23. Subscription Services
To register for automated shipping of JUULpods products (“Products”), you must have a valid JUUL.ca account, be a resident of Canada (excluding Quebec) and provide a valid payment method (“Subscription”).
By choosing a Subscription through the Website, you agree to these Terms and the general website Terms of Service. In the case of any discrepancy, these Terms take precedence over the general website Terms of Service. JUUL Labs may amend these Terms from time to time at its discretion.
By choosing a Subscription through the website, you authorize us to charge you for your initial Subscription and for the recurring periodic charges for an indefinite period of time thereafter. The periodic charges for the Subscription will be based upon the applicable prices quoted on the website from time to time, except in cases of obvious error. Each Subscription order is subject to a minimum purchase of 2 JUULpods packs and a maximum of 15 JUULpods packs per month.
When you sign up for a Subscription, your first Subscription fee will be billed straight away. Unless we notify you otherwise, the fee for your following Subscription will be charged on the date the Products are dispatched, unless you pause your Subscription, cancel your Subscription or it is cancelled by us in accordance with these Terms. You may change the billing/dispatch date by logging in to your account.
The charges for each dispatched Subscription shipment will be billed using the payment method used to create your Subscription or as otherwise directed by you. If your payment cannot be processed (including reasons such as, but not limited to, expired credit card date or change of address), you will be notified via email. Your Subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved or your Subscription has been cancelled.
All Subscriptions are subject to standard delivery only.
There may be occasions when, despite our efforts, we are unable to dispatch your Subscription. This may include circumstances where any of the Products in your Subscription have been discontinued. If this occurs, we will give you at least 30 days notice via email to update your Subscription to replace the discontinued Product. If you do not do this, we will pause your Subscription and you will receive an email from us to confirm that there has been an issue with your Subscription and that delivery of your Subscription will not take place. JUUL Labs Support will contact you directly to see if they can provide a remedy to the above Subscription issue.
If a Product is out of stock we will delay dispatch of the Subscription until the Product is back in stock. If the price of the Products in your Subscription changes (either increases or decreases) from the date your Subscription is first placed, we will provide you with at least 30 days notice via email and seek your express consent before the price change shall take effect. If you do not consent, your Subscription plan will be inactivated / terminated. You have the option to pause your own Subscription for a certain period. For example, you may wish to do this if you know that you will be away on holiday. Subject to any minimum commitment period (see below), you may pause a Subscription for up to 3 months at a time by accessing your account. After this period, the Subscription will automatically restart unless you cancel or suspend your account again.
You have the right to cancel your Subscription and return any unused Products to us within 14 days of receiving your first delivery under the Subscription, subject to our standard return policies found here. Should you wish to return any products, please follow these instructions. Notwithstanding this right, you may cancel your Subscription at any time by accessing your account.
If you agree to a minimum commitment period (as notified at the time of starting the Subscription) and pause or cancel your Subscription before the minimum commitment period expires, we reserve the right to charge you an early termination fee for the cost of any Product you obtained when you signed up for the minimum commitment period. Any Product associated with a minimum commitment period is subject to availability. Any offer relating to a minimum commitment period cannot be used in conjunction with any other offer and has no cash alternative. If you require assistance with your Subscription, please contact JUUL Labs Support.
Free Portable Charging Case available only on new Auto-Ship subscriptions with a minimum 3 month commitment; early termination fee of $59.99 applies if subscription is cancelled prior to end of 3 month commitment period. All Auto-Ship orders subject to minimum order of 2 pod packs per month. Offer valid on JUUL.ca only, Quebec residents excluded. Portable Charging Case available while quantities last. Subject to availability, cannot be used in conjunction with any other offer. Void where prohibited.