Terms & Conditions

TERMS AND CONDITIONS OF NETTIE’S NAH JOKE HOT PEPPERSAUCE INC.

The following Terms and Conditions govern and apply to your use of or reliance upon this website (the “Website”) maintained by Nettie’s Nah Joke Hot Peppersauce Inc. (the “Company”). Throughout the Website, the terms “we”, “us” and “our” refers to the Company. Except where stated otherwise, the term the “Company” used in the Terms and Conditions includes Nettie’s Nah Joke Hot Peppersauce Inc., its licensees and their respective officers, directors, employees, suppliers, agents, affiliates, subsidiaries, successors and assigns.

By visiting our Website and/or purchasing something from us, you engage in our services (the “Service”). Your access and use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions set out below (collectively, called the “Terms and Conditions”) and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Any new features or tools which are added to the Website shall also be subjected to the Terms and Conditions.

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting update and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions. If you do not agree with any of the Terms and Conditions, you should immediately discontinue using this site.

1. Online Store Terms

(a) By visiting our Website and/or purchasing something through our Website, you represent that you are at lease the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Website.

(b) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in you’re your jurisdiction.

(c) You must not transmit any worms, viruses, or any code of a destructive nature.

(d) A breach or violation of any of the Terms and Conditions will result in an immediate termination of your services.

2. General Conditions

(a) We reserve the right to refuse service to anyone for any reason at any time.

(b) A breach or violation of any of the terms in the Terms and Conditions will result in an immediate termination of your services and/or account.

(c) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. No Warranties

(a) Your use of the Website is at your sole and exclusive risk and any service provided by us are on an “as is” basis.

(b) The Company makes and, by using or attempting to use the Website, you acknowledge that you receive no representations or warranties, either expressed or implied, of any kind with respect to the Website or its contents, including but not limited to, merchantability, timeliness, lack of viruses, or other harmful components and accuracy of the information, products, services and related graphics contained within the Website.

(c) The Website contains links to third-party websites that are not under the control of the Company. The Company is not responsible for the contents contained in any linked site. Any links provided by the Website are provided for your interest or convenience and do not represent or imply any endorsement of the Company of such linked site.

(d) We disclaim any and all express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.

(e) We make no warranties that the Website will meet your needs, or the Website will be uninterrupted, error-free, or secure.

(f) We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to our Website.

(g) Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at anytime. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

(h) Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to the product description, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any error, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

(i) We undertake no obligation to update, amend, or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No Specific update or refresh date applied in the Service or any related website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

(j) Any damage that may occur to you, through your company system, or as a result of loss of your data from the use of the Website is your sole responsibility and we are not liable for any such damage or loss.

4. Limitation on Liability

(a) Even if advised of the possibility, under no circumstances will the Company or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special or consequential damages that result from the use or of inability of the use of the Website, including but not limited to reliance by you on any information obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, including without limitation those that result from acts of God, communication failure, theft, destruction or unauthorized access to the Company’s records, programs or services.

(b) We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law.

(c) This applies to any and all claims by your, including but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

5. Products and Services

(a) Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

(b) We have made every effort to display as accurately as possible the colours and images of our products that appear at the store Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

(c) We reserve the right but are not obligated, to limit the sale of our product or services to any person, geographical region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities for any product or services that we offer.

(d) All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited.

(e) The Prices, materials, and information contained on the Website are subject to change without notice and may vary from those prices charged through other websites offering the Company’s goods/products and from location to location.

(f) We may sell goods and services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product description and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

(g) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. Account and Account Use

(a) If your use of the Website requires an account identifying you as a user of the Website (an “Account”):

(i) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;

(ii) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account’ and

(iii) you agree to provide true, current, accurate and completed customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information help by us current, complete and accurate.

(b) Accuracy of Billing and Account Information

(i) You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Website. You agree to promptly update you account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your tractions and contact you as needed.

(ii) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders places by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

(iii) In the even that we make a change to or cancel an order, we may attempt to notify you by contacting you via email, billing address, or phone number provided at the time the order was made.

(iv) We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.

7. Payment

(a) When you make a purchase through our Website, you agree to provide valid instrument to make a payment. Pay attention to the detailed of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

(b) When you provide payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.

(c) If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

(d) We may cancel any transaction if we believe the transaction violates the Terms and Conditions, or if we believe in doing so may prevent financial loss.

(e) In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third party (including other users) and share details of any payment you are associated with, if we believe doing so may prevent financial loss or a violation of law.

8. Shipping, Delivery, and Return Policy

(a) You agree to ensure payment for any items you may purchase from us, and you acknowledge and affirm that prices are subject to change.

(b) When purchasing our products through our Website, you agree to provide us with a valid email and shipping address, as well as valid billing information.

(c) We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price.

(d) We may also request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our product.

(e) For the sale of our products, we may preauthorized your credit card or debit card at the time you place the order or we may simply charge your charge your credit card or debit card upon shipment.

(f) You agree to monitor your method of payment.

(g) Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.

(h) For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following:

nettie@nahjoke.com (i) For more detail, please review our Return Policy.

9. Privacy

(a) Internet communications are subject to interception, loss, or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable law, and that communications by email may be intercepted, altered or los.

(b) For more information, please refer to our Privacy Policy, available on the Website.

10. Protection of Privacy

(a) Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.

(b) When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

(c) We use the information gathered from you to ensure your continued good experience on our Website, including through email communications. We may also track certain passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.

(d) If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.

(e) If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.

(f) Your personal information is governed by our Privacy Policy. For more information, please review our Privacy Policy available on the Website.

11. Acceptable Use & Use of Communication Services

(a) You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause.

(b) You are not to use the Website in any way that could damage the Website, the services or the general business of the Company.

(c) You further agree not use and/or access the Website:

(i) To harass, abuse, defame, stalk, or threaten others or otherwise violate legal rights (such as rights to privacy and publicity) or others;

(ii) To violate any intellectual property rights of us or any third party;

(iii) To upload or otherwise disseminate any computer viruses or other software that may damage the property or another;

(iv) To upload file that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

(v) To perpetrate any fraud;

(vi) To engage in or create any surveys, contests, sweepstakes, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), unlawful gambling;

(vii) To publish, post, distribute or disseminate any obscene, infringing, pornographic, abusive, indecent, defamatory or unlawful material or information;

(viii) To publish or distribute any material that incites violence, hate or discrimination towards any group;

(ix) To advertise or offer to sell any goods or services, or engage in any other activities for any commercial purpose;

(x) To unlawful gather information about others.

(d) You acknowledge that the communications services are public and not private communications. Further, you acknowledge that the Company does not endorse communications by yourself, and other, and such communications shall not be considered reviewed, screened or approved by the Company.

(e) The Company has not obligation to monitor the communication services but reserve the right to review materials posted to communication service and to remove any materials in its sole discretion to terminate your access to any or all of the communication services at any time, without notice, for any reason whatsoever.

12. Trademarks and Copyrights

(a) All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.

(c) The Company owns and operates the Website, related words, domain names and logos are trademarks and the property of the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

(d) No material from the Website may be copied, reproduced, republished, posted, transmitted or distributed in any way. You may print, in hard copy, portions of the website only for the purpose of placing an order with the Company. The use of any such material for any other reason, on any other website, or the modification, distribution or republication of this material without prior written permission from the Company is strictly prohibited.

13. User Comments, Feedback and other Submissions

(a) You acknowledge that any review, comments, feedback, submissions, information, materials, suggestions or ideas provided to the Company (collectively the “Submissions”) become the property of the Company, including all copyright, without reservation, and you waive in favour of the Company any and all moral rights in such Submission.

(b) You acknowledge and agree that any or any portion of the Submission may be used, edited, reproduced, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media or technology for the full term of any copyright that may exist in such Submission, without compensation of any kind to you.

(c) By presenting the Submission, you automatically warrant that you have the full right and authority to submit such Submissions, and that none of the Submissions is subject to any copyright or other proprietary right of a third-party.

14. Use of Company Materials

(a) We may provide you with certain information as a result of your use of the Website, including but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Material”).

15. Affiliate Marketing & Advertising

(a) We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.

16. Reverse Engineering & Security

(a) You may not undertake any of the following actions

(i) Reverse engineer, or attempt to reverse engineer or dissemble any code of software from or on the Website;

(ii) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user or network.

17. Data Loss

(a) We are not responsible for the security of your Account or Content. Your use of the Website is at our own risk.

18. Indemnification

(a) You defend and indemnify the Company, and any of its affiliates, and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or related to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions.

(b) We will select our own legal counsel and may participate in our own defence, if we wish to do so.

19. Service Interruptions

(a) We may need to interrupt our access to the Website to perform maintenance or emergency services on a schedule or unscheduled basis.

(b) You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, and that we will have no liability for any damage or loss caused as a result of such downtime.

20.Termination of Account

(a) We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website effective at any time, without notice to you, for any reason, including because:

(i) the operation or efficiency of the Website or our/third party’s equipment or network is impaired by your use of the Website;

(ii) any amount is past due from you to us;

(iii) we have received a third-party complaint which relates to your use or misuse of the Website; or

(iv) you have been or are in breach of any term or condition of these Terms and Conditions

(b) we will have no responsibility to notify any third-party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

21. Governing Law & Jurisdiction

(a) All matters arising out of or relating to the Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms and Conditions.

22. Severability.

(a) If any term or provision of the Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

23. Entire Agreement

(a) The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

(b) These Terms and Conditions and any policies or operating rules posted by us on this Website or in respect to the goods and services constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

24. Changes to Terms and Conditions

(a) You can review the most current version of the Terms and Conditions at any time on this page.

(b) We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our Website. If is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes of these Terms and Conditions constitutes acceptance of those changes.

25. Contact Information

(a) If there any questions about the Terms and Conditions, please send us an email at nettie@nahjoke.com

Terms & Conditions

Terms & Conditions

TERMS AND CONDITIONS OF NETTIE’S NAH JOKE HOT PEPPERSAUCE INC.

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