Terms and Conditions
Welcome to EsmokerCanada Inc. Your use of this site demonstrates your acceptance of the following terms & conditions. If you do not agree to these terms & conditions in whole or in part, please do not use this site.
Privacy - Please review our Privacy Policy to understand our practices regarding privacy.
Electronic Communications - You agree to receive communications from us electronically (via e-mail). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any and all legal requirements that such communications be in writing.
Product Reviews - Unless indicated otherwise, when you post content or submit material on our site, you grant EsmokerCanada a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Esmoker Canada and its sub-licensees the right, but not the obligation, to use the name that you submit with such content. You represent and warrant that you own or control all rights to the content you post or submit; that the content is accurate; that use of the content will not violate this policy; and that the content will not cause injury to any person or entity. You agree to indemnify EsmokerCanada for any and all claims resulting from content that you submit or post. You agree that EsmokerCanada has the right, but not the obligation, to monitor, edit, and/or remove any activity or content. EsmokerCanada shall have no responsibility and assumes no liability for any content posted by you or anyone else.
Copyright & Trademarks - This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of EsmokerCanada and is protected by United States and international copyright laws. All software used on this site is the property of EsmokerCanada and is protected by United States and international copyright laws. Third-party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission of your content on the Site. 2010 © www.EsmokerCanada.com. All rights not expressly granted herein are reserved.
Product Descriptions and Prices - We attempt to describe products featured on this site as accurately as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. (If you are not completely satisfied with your purchase, you may return it as described in our Return Policy)
Copyright Infringement Claims - If you believe that any material or content posted on this site constitutes copyright infringement, please contact us and we will make all efforts to remedy the situation as quickly as possible. (This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.)
Protecting Children - We are careful to protect the safety and privacy of children. Our web sites are general audience sites. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the Internet.
Links to Third-Party Sites - This site may contain links to web sites operated and maintained by third parties, over which we have no control. Their Privacy Policy and Terms & Conditions may be different from our Privacy Policy and Terms & Conditions. Be advised that you access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any personal information on it.
Disclaimer of Warranties - EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING AND PURCHASING PRODUCTS FROM THIS SITE, YOU AGREE THAT IN NO EVENT SHALL ESMOKER CANADA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
Applicable Law - You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of these Terms & Conditions or of our Privacy Policy we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms & Conditions or the Privacy Policy could be subject to criminal or civil penalties. The Terms & Conditions and the relationship between you and Esmoker Canada shall be governed by the laws of the State posted in the address below without regard to its conflict of law provisions.
The failure of EsmokerCanada to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or the Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
EsmokerCanada REWARDS TERMS OF USE
Effective Date: June 1, 2016
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ESMOKERCANADA REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT PARTICIPATE IN THE ESMOKERCANADA REWARDS PROGRAM.
These Terms of Use apply to your access to, and participation in, the EsmokerCanada Rewards program (“ESC Rewards”) which is operated by EsmokerCanada Inc, or their respective subsidiaries, licensees and affiliated companies (collectively, “EsmokerCanada”) in Canada. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with EsmokerCanada for other products and services.
Unless otherwise required by law, EsmokerCanada reserves the right to change, modify and/or eliminate ESC Rewards and/or all or any portion of these Terms of Use or any policy, FAQ, or guideline pertaining to ESC Rewards in accordance with this provision in its sole discretion. In the event these Terms of Use are amended, we will post the amended terms and conditions on our website. If the amendment entails an increase in your obligations or a reduction in our obligations, you may refuse the amendment and rescind, or cancel your participation in ESC Rewards without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, at the address or email address indicated in the notice. Your continued participation in ESC Rewards following any applicable notice period confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use and applicable policies and FAQs frequently to understand the terms and conditions that apply to ESC Rewards. If you do not agree to the Terms of Use, you must stop participating in ESC Rewards.
The ESC Rewards program is intended for personal use only. Commercial use is prohibited. This program is not targeted towards, nor intended for use by, anyone under the age of 19. If you are under 19, you may only use ESC Rewards under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Please read the following carefully to understand how EsmokerCanqada collects, uses and discloses information about customers. By signing up for the ESC Rewards program you automatically provide your authorization for EsmokerCanada to send you email and texts.
ESC Rewards is one way in which EsmokerCanada endeavors to reward and thank loyal customers for patronizing our business. Members of ESC Rewards are able to earn and accumulate “ESC E Juice Points” for in store purchases only, which can be redeemed for ESC Rewards benefits for in store purchases only at participating EsmokerCanada stores in Canada. ESC E Juice Points have no cash value and can only be redeemed for qualifying e juice as defined by EsmokerCanada management, which is subject to change.
JOINING ESC REWARDS
Enroll in ESC Rewards and begin accumulating ESC E Juice Points:
Beginning in June, 2016, you may sign up to join the ESC Rewards program while you are at a store location or on the web by going to www.esmokercanada.com . Follow the prompts to create an account by selecting “create an account” in the top left hand corner of your screen. Select “Toronto Customer” and enter your information.
Join ESC Rewards through a special email or in store promotion or membership program that may be offered by EsmokerCanada and/or our business affiliates from time to time. There may be additional terms and conditions applicable to these offers, so please read them carefully.
There is no need for a physical card because all of your earned and redeemed ESC E Juice Points are tracked on the website.
The registration process may require that you provide the following information: username, password, email address (required in order to receive all eligible ESC Rewards), physical address, telephone number and marketing preferences. You may only have one (1) account that is personal to you.
EARNING AND REDEEMING ESC E JUICE POINTS
EARNING:
The benefits that are available to you through ESC Rewards are based on the number of “ESC E Juice Points” that you earn. You can earn ESC E Juice Points by making purchases of any of our qualifying e juice products using your registered account at participating EsmokerCanada stores in Canada.
You will earn ESC E Juice Points based on the brand of e juice purchased at the rate of two (2) ESC E Juice Points for every gourmet brand of e juice and one (1) ESC E Juice Points for every premium brand of e juice. Gourmet and premium brands are categorized and defined by EsmokerCanada Inc and subject to change by management. EsmokerCanada is not responsible for associating your purchase to your account. It is the responsibility of the Member to ensure they notify the staff member at time of purchase that they would like the purchase to be credited against their account so that ESC E Juice Points are accumulated. Further, it is the Member’s responsibility to ensure that said purchase was actually reflected in their account. EsmokerCanada is not responsible for staff that may incorrectly associate or fail to associate qualifying purchases to Member’s account for ESC E Juice Point accumulation. Note purchases of e juice that are purchased as part of a bundled or starter kit are not eligible for ESC E Juice Points. Purchases of discounted e juice may or may not be eligible for ESC E Juice Points based on EsmokerCanada’s management discretion. EsmokerCanada reserves the right to change, discontinue or redefine brands that qualify. EsmokerCanada is not responsible to carry specific quantities of various brands.
Generally, ESC E Juice Points for qualifying purchases from participating stores are automatically added to your account within twenty-four (24) hours. From time to time, we, or others acting with our permission, may offer you special promotions that offer you “Promotional ESC E Juice Points.” Promotional ESC E Juice Points, such as “bonus” ESC E Juice Points, will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in the promotional offer.
Certain limitations may apply to ESC E Juice Points. For example, there may be a limit on the number of ESC E Juice Points that you can redeem on a daily basis, and ESC E Juice Points expire.
If you void a purchase made with your registered EsmokerCanada account, EsmokerCanada will deduct the ESC E Juice Points that you were awarded for that purchase, potentially resulting in a negative ESC E Juice Points balance on your account.
REDEMPTION:
Currently, 10 points may be redeemed for a FREE 30ml premium brand e juice and 20 points may be redeemed for a FREE 30ML gourmet brand e juice at the time of an in-store purchase.
MISCELLANEOUS
There are no membership fees associated with ESC Rewards. ESC E Juice Points accumulated under the program are promotional and have no cash value and can only be redeemed for qualifying e juice as defined by EsmokerCanada management, which is subject to change.
Your ESC E Juice Points, ESC Rewards and your account under ESC Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) ESC Rewards account that is personal to you.
Without notice to you, EsmokerCanada reserves the right to suspend any ESC Rewards account and/or terminate your account and/or your participation in ESC Rewards if EsmokerCanada determines in its sole discretion that you have violated these Terms of Use, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. EsmokerCanada may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in ESC Rewards is terminated, then all accumulated ESC E Juice Points in your account are void.
Without notice to you, EsmokerCanada also reserves the right to “unregister” and make ineligible for the ESC Rewards program any account that has been inactive for one (1) consecutive year. Inactive is defined as no ESC E Juice Points earned. In the event that your account is unregistered or rendered inactive, then all accumulated ESC E Juice Points in your account are void.
EsmokerCanada reserves the right to terminate, discontinue or cancel the ESC Rewards program at any time and in its sole discretion without notice to you.
CONTEST GIVEAWAY
OFFICAL RULES:
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility: This Contest is open only to those who participate at www.EsmokerCanada.com and who are 19 years of age or older as of August, 15th, 2016. The Contest is only open to residents of Canada and is void where prohibited by law. Employees of EsmokerCanada, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Contest.
2. Agreement to Rules: By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of EsmokerCanada as final and binding as it relates to the content of this Contest.
3. Contest Period: Entries will be accepted online starting on [August, 16th, 2016 at 8:00 am, Eastern Standard Time and ending November 29, 2016 at 11:59pm, Eastern Standard Time.
4. How to Enter: The Contest must be entered by participating in contest at https://www.esmokercanada.com/Contestgiveaway. The entry must fulfill all Contest requirements, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of EsmokerCanada. Qualified participants must post on their personal account making sure it’s visible to the public. If a post is deleted or hidden after participation the participant will be disqualified. Facebook Like’s will be awarded only once, the number of shares and invites are unlimited. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of EsmokerCanada.
5. Prizes: The Winner(s) of the Contest (the “Winner”) will receive featured prize. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by EsmokerCanada. No cash or other prize substitution shall be permitted except at EsmokerCanada discretion. The prize is non-transferable. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for EsmokerCanada to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
6. Odds: The odds of winning depend on the number of eligible entries received.
7. Winner Selection and Notification: Winner will be selected on a point’s basis under the supervision of EsmokerCanada. Winner will be notified by email within five (5) days following selection of Winner. EsmokerCanada shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 48 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Each contest giveaway must reach its required number of participates for a winner to be chosen. Winner must provide valid photo ID. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT ESMOKERCANADA’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that EsmokerCanada anyone acting on behalf of EsmokerCanada and [EsmokerCanada’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, You represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of EsmokerCanada. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless EsmokerCanada from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which EsmokerCanada may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions: EsmokerCanada reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond EsmokerCanada’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, EsmokerCanada may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by EsmokerCanada. EsmokerCanada reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions. EsmokerCanada has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, EsmokerCanada reserves the right to seek damages to the fullest extent permitted by law.
10. Limitation of Liability: By entering, You agree to release and hold harmless EsmokerCanada and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS CONTEST IS GOVERNED BY THE LAWS OF CANADA AND ONTARIO, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Ontario having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Participant further waives all rights to have damages multiplied or increased.
12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the EsmokerCanada, website. To read the Privacy Policy visit https://www.esmokercanada.com/privacy-policy.
13. Sponsor: The Sponsor of the Contest is EsmokerCanada, 676 Yonge St., Toronto, Ontario, M4Y 2A6, Canada
14. Facebook: If you use Facebook to communicate or administer a contest or sweepstakes, include the following: The Contest hosted by EsmokerCanada is in no way sponsored, endorsed, administered by, or associated with Facebook.
15. By participating in the contest, You, the Contestant, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.