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Terms & Conditions

These terms and conditions (the "Terms") govern your use of this website (the "Site").Please read these Terms carefully. By using this Site you acknowledge that you have read, understood and agree to be bound by these Terms. Do not use (or continue to use) the Site if you do not agree to the Terms.

INFORMATION ABOUT US

Personal information which you submit will be held and processed by Wiser Beans Chocolate in accordance with our privacy policy. Please click here to see this.

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All orders and purchases made via the Site will be governed by these Terms and by our Terms and Conditions of Sale.

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This Site and the information on this Site may be changed or updated without notice. Wiser Beans Chocolate may revise these Terms and any other legal notice on the Site (including the privacy policy). All changes will be effective when posted on the Site. Therefore, you should check this Site from time to time to review these Terms and other legal notices, because they are binding on you.

ACCESSING OUR SITE

Access to our Site is provided on a temporary basis, and we reserve the right to withdraw or amend the service on our Site without notice (see "Site Availability" below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

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In order to access the e-shop on the Site, you will be required to register certain details with the Site. Where this is the case, you agree to provide true, accurate, current, and complete information as prompted by the Site's registration form and to maintain and promptly update such information to keep it true, accurate, current, and complete. From time to time, we may restrict access to some parts of our Site or to our entire Site, to users who have registered with us.

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Upon registration, you will receive an account designation and a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password, you should notify us immediately by contacting us. If Wiser Beans Chocolate has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account (see below).

SITE AVAILABILITY

While Wiser Beans Chocolate endeavors to ensure that the Site is available 24 hours a day, Wiser Beans Chocolate shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond Wiser Beans Chocolate's control.

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Your access to the Site, your ability to participate in all or certain parts of the Site, and/or your registration may be terminated by Wiser Beans Chocolate at any time without notice and without any liability. Any limitations on Wiser Beans Chocolate's liability will survive such termination.

INTERACTIVE SERVICES

Wiser Beans Chocolate may provide interactive services on the Site, including blogging facilities.

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When you use an interactive service on the Site that allows you to upload material to the Site or to make contact with other Site users, you must comply with the Content Standards (set out below). You warrant that any such contribution made by you complies with those standards, and you indemnify Wiser Beans Chocolate for any breach of this warranty.

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Any material you upload or contribute to our Site will not be considered confidential. Wiser Beans Chocolate will have the right to use, copy, distribute, and disclose to third parties any such material for any purpose. Wiser Beans Chocolate also has the right to disclose your identity to any third party who is claiming that material posted or uploaded by you to the Site constitutes a violation of their intellectual property.

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Wiser Beans Chocolate will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other users of this Site.

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Wiser Beans Chocolate has the right to remove any material or posting you contribute to the Site.

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Your contributions must not:

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  • Contain any material which is defamatory of any person;

  • Contain any material which is obscene, offensive, hateful, or inflammatory;

  • Promote sexually explicit material;

  • Promote violence;

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

  • Infringe any copyright, database right, or trademark of any other person;

  • Be likely to deceive any person;

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • Promote any illegal activity;

  • Be threatening, abusive, or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety;

  • Be likely to harass, upset, embarrass, alarm, or annoy any other person;

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

  • Give the impression that they emanate from us, if this is not the case; and

  • Advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

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When a breach of these content standards has occurred, Wiser Beans Chocolate may take such action as it deems appropriate, including immediate, temporary, or permanent withdrawal of your right to use our Site, the removal of postings or uploaded material, and legal proceedings against you for reimbursement of all Wiser Beans Chocolate costs resulting from your breach.

SITE USE

You may use the Site for lawful purposes only. You may not use the Site:

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  • In any way that breaches any applicable local, national, or international law or regulation;

  • In any way that infringes the rights of any other person;

  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

  • To transmit any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); and

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to the Site and to any interactive services associated with it.

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Your contributions must:

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  • Be accurate (where they state facts);

  • Be genuinely held (where they state opinions); and

  • Comply with the applicable law of the country from which they are posted.

LINKING TO THE SITE

You may link to our Site provided you do so in a way that is fair and legal and does not damage Wiser Beans Chocolate's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement from Wiser Beans Chocolate.

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Wiser Beans Chocolate reserves the right to withdraw linking permission without notice. The website you are linking to must comply with the content standards (set out above).

LINKS FROM THE SITE

Wiser Beans Chocolate is not responsible for the contents of any website operated by a third party which may be accessed via this Site, and Wiser Beans Chocolate does not accept any obligation, give any assurance, and assume no liability or responsibility (whether express or implied) in relation to any content on any other website. All links on this Site are provided for your convenience only and do not imply that Wiser Beans Chocolate approves or recommends the content of such websites.

INTELLECTUAL PROPERTY

The Wiser Beans Chocolate name, logo, corporate symbols, and trademarks are the sole property of Wiser Beans Chocolate and/or its Parent, and no permission is given in respect of their use. The Site and its contents are protected by EU and international copyright laws and other intellectual property rights. Unless otherwise indicated, as between Wiser Beans Chocolate and the user of the Site, Wiser Beans Chocolate and/or its Parent is the owner of the copyright and all other intellectual property rights in the Site and its contents. Save as set out below, no part of the Site may be reproduced, modified, copied, or used for any commercial purpose without the prior written permission of Wiser Beans Chocolate.

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You may retrieve and display the content of the Site on a computer screen or print one copy of such content (including the Terms and Conditions of Sale, the Privacy Policy, and any order confirmation) for your own personal use, provided you keep intact all and any copyright and proprietary notices. Use of the content otherwise than in accordance with these Terms will expose you to claims for infringement of our intellectual property rights of the Wiser Beans Chocolate Group and/or of third parties.

LIABILITY

The Site is provided without any warranties or guarantees. To the extent permissible by any applicable law, Wiser Beans Chocolate, its associated companies, and their officers, directors, employees, shareholders, or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this Site, or reliance on the Site, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the Site (whether negligent or not), except that nothing affects any liability of Wiser Beans Chocolate, its associated companies, and their officers, directors, employees, shareholders, or agents of any of them for death or injury caused by their negligence or any other liability which may not be excluded or limited by law.

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Whilst Wiser Beans Chocolate makes reasonable attempts to exclude viruses or other destructive computer codes from the Site, it does not accept any obligation, give any assurance, and assume no liability or responsibility (whether express or implied) in relation to viruses or such computer code. You should take all appropriate safeguards before using the Site or downloading from the Site.

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Nothing in this paragraph "Liability" applies to Wiser Beans Chocolate's liability for goods purchased through the Site, which is governed by our Terms and Conditions of Sale.

GOVERNING LAW

The Terms and your use of this Site shall be governed by British Columbia law. By using the Site and accepting the Terms, you submit to the exclusive jurisdiction of the courts at the seat of Wiser Beans Chocolate save that Wiser Beans Chocolate may take action in any appropriate jurisdiction to protect its intellectual property rights or to recover any amount owed to Wiser Beans Chocolate.

GENERAL

If any provision of the Terms is deemed unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of any remaining provisions.

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Wiser Beans Chocolate's failure to exercise or enforce any rights or any provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Wiser Beans Chocolate in writing.

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The section titles in the Terms are for convenience only and have no legal or contractual effect.

Questions and Comments?

Wiser Beans Chocolate Terms and Conditions have been developed out of respect for the privacy preferences and choices of our customers. We have established procedures to ensure that every reasonable effort is made to address your concerns.


If you have questions or comments about our Terms and Conditions, please send them to us directly.

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