Terms of Service
Effective: November 21, 2016
The agreement you are reading is our Terms of Service (referred to as the Terms from here on out). Though we’ve tried hard to make our Terms easily readable, you should know that they still form a legally-binding contract between you and Parachute Coffee Company Limited (Us, We, Our, Parachute).
By using any of our products and services, including our monthly product and gift delivery (which we will shorten to the Services throughout this agreement), you acknowledge that you have read these Terms, that you agree with them, and that you have the capacity to enter into a binding contract with us. We encourage you to read these Terms and if you don’t agree with any of them, not to use the Services. We especially highlight that by using the services, you are agreeing to:
- The method by which you subscribed and pay for Products and Services (see: “Accessing the Services” at section 2);
- Rules concerning what content and information you can bring to the Services (see: “Using the Services Properly” at section 4);
- Parachute getting certain rights to use content related to the Services to improve the Services (see: “Rights in the Services” at section 5); and
- A binding mandatory arbitration clause and other dispute resolution details (see: “Dispute Resolution” at section 13).
On certain pages of our website, we might ask you to agree to extra terms (which we call Additional Terms). If any Additional Terms conflict with these Terms, the Additional Terms will prevail.
2. Accessing the Services
You need an account on our website, www.parachutecoffee.com, to begin monthly product subscription.
Only those who are 18 years of age or older are allowed to use or access the Services or create an account. If you are not legally an adult based on your local laws, you need to get a parent or guardian to agree to these Terms on your behalf.
We try to make our Services as accessible as possible, but we know that there is always room for improvement! If you have any trouble accessing the Services, please contact us at: email@example.com
You are solely responsible for the security, maintenance, and all other aspects of your Parachute account. By using the Services you agree that the account information you provide us is accurate. We suggest that you take precautions to safeguard your account, including selecting a strong password. By using the Services, you also agree not to do the following with respect to your account:
- share your password or account or buy, sell, rent, or lease your username or account;
- access or attempt to access your account using a proxy, client, or third-party app; or
- create multiple accounts or a new account after your original account has been banned or disabled by Parachute.
While you are free to choose any username that complies with these Terms, be aware that we can reclaim your username at our discretion.
Any issues with account access or security can be addressed to: firstname.lastname@example.org. Contact our support team right away if you know or have reason to believe that your account has been accessed without your permission.
Subscribing to the Delivery Service
You can subscribe to receive shipments of coffee, the Brew Kit, or other items (the Products) through our monthly product delivery service (the Subscribed Members). The Products will be shipped to the address selected by the Subscribed Member when they agreed to their subscription. These shipments will arrive on a monthly basis, however, We cannot guarantee exact date on any given month when the shipment will arrive. Likewise, though we will try our best to provide notice of what varieties and roasts of coffee will likely be included in the monthly shipment, due to Product availability and other factors outside of our control, we cannot guarantee that you will receive the exact Product as advertised.
Paying for the Services
PLEASE NOTE THAT BY AGREEING TO SUBSCRIBE TO THE DELIVERY SERVICE, YOU ARE AGREEING TO PAY A MONTHLY SUBSCRIPTION FEE.
You must pay the full requested price for any Product or Service before We will make it available to you. We currently only accept Visa and MasterCard for payments. Ongoing payments will be charged via your preferred method of payment on a monthly basis. Any remittances for replacements, returns, and exchanges will also be applied to your account on a monthly basis. If your preferred method of payment has the potential to become unavailable at any time in the future (for example, credit card), we encourage you to keep the payment information you provide to us up-to-date. If you do not do so, you authorize us to continue using that payment information to bill for the Services until we receive notice that it is no longer valid. Please read the “Ending or Changing the Services” section below for details on the renewal or cancelation of Services and charges.
We use Third-Party processors (such as Stripe) to process payments made using the Service. The Third-Parties collect the data and personal information you submit when a payment is made. By submitting personal information to a Third-Party processor, you consent to such collection and storage. The Third-Party processors may be located in countries other than Canada, such as the United States. Please review section 5 below, entitled “Rights of Third Parties” for additional information on the relationship of Third-Parties to the Services.
You may be charged local sales tax or VAT, if applicable.
Replacements, Returns, and Exchanges
We try our utmost to ensure that all the Products we deliver are top quality! However, if a Product is defective, we accept returns up to seven days following receipt of your purchase. At our discretion, we may compensate a defective Product with a new Product or credit towards Products.
Products can be returned to the following address:
45 Mural St, Unit 3,
Richmond Hill, Ontario
It is your responsibility to ensure that the Products are sent to the correct address and that they are not damaged in transit.
Replacements, returns, and exchanges may be subject to shipping and handling charges. Payment of these charges is subject to the Returns Policy on our website at:
Requests for replacements, returns, and exchanges can be made by emailing us at: email@example.com
We are aware that our website may be accessed from countries other than Canada, however, some of our Products and Services may only be available within Canada. Nothing on our website stands to represent or warrant that any Products or Services are or will be available outside of Canada. If you access and use our website or any of the Services outside Canada, you are responsible for complying with your local laws and regulations.
3. Using the Services Properly
We want to make sure that the Services provide a respectful environment for all of our users. That is why in order to use the Services, you must agree:
- that the Services are for your personal use only and that you will not use the Services for commercial purposes;
- that you are solely responsible for the safety of your passwords and content, including backing up your content;
- not to store, post, comment on, upload, send or submit any content to the Services that:
- constitutes spamming, solicitation, or phishing for user information;
- infringes or violates any third-party or intellectual-property right;
- constitutes bullying, threats, abuse, or harassment;
- is illegal, that you know to be false, that promotes activity that is illegal, or that is disparaging or defamatory to anyone, including Parachute;
- involves any graphic violence, nudity, or pornography or that is racist or discriminatory or promotes racism or discrimination against any individual or group of individuals; or
- that Parachute deems to interfere with other users’ use and enjoyment of the Services
- not to use the Services for any purpose that is illegal or prohibited in these Terms;
- not to sell, make available, publish, or deep-link any aspect of the Services;
- not to create derivative works from or exploit the Services or the content provided by the Services in any way;
- not to use or misuse any Parachute trade-marks contained in the Services without prior written permission
- not to upload or distribute any viruses, worms, other malicious code, any software intended to damage or alter a computer system or data, or in any way compromise the security of the Services;
- not to use robots, spiders, crawlers, scrapers or the like to obtain user information from the Services;
- not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, or transfer any aspect of the Services;
- not to mine passwords or otherwise attempt to gain unauthorized access to the Services, servers, or networks connected to the Services;
- not to perform any action that interferes with the performance of the Services, its network, or its servers, such as a Denial of Service attack;
- not to make use of designs, logos, branding, photographs, videos, or any other materials used in the Services without our written consent;
- not to represent or suggest that we endorse any other business, product, or service; and
- not to perform any other action that Parachute deems to interfere with other users’ use and enjoyment of the Services
4. Rights in the Services
Agreeing to these Terms grants you a license to use and access the Services. You have to use your license in a way that complies with these Terms.
Your license is personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable and non-sublicensable.
Whenever you send, receive, store, create, upload or post content using the Services, you keep the rights of ownership to your content that you had before posting, sending, receiving, storing, uploading, or creating the content. However, you do grant us some right by doing so, which we will explain below.
While we appreciate any feedback you have for us, you should know that you are not entitled to compensation for any ideas you provide us.
Parachute reserves all rights not expressly granted to you in these Terms.
5. Rights of Third-Parties
While the majority of the Services is developed and owned by us, some of it will belong to or will be provided by other companies, groups, or agencies (which we call Third Parties). Third Parties and the services they provide will be subject to their own set of terms, which might be very different from these ones, so make sure you read them before using any Third Party services, features, products, or functionality. We at Parachute do not take responsibility or liability, directly or indirectly, for the Third Party services or terms, nor are we responsible or liable, directly or indirectly, for any Third Party content that fails to conform to these Terms or our other policies or any damage or loss which is caused or alleged to have been caused in connection with the Third Party’s services. Some of the content on our Services is made available by publishers, users, and other Third Parties.
These Terms do not create or confer any Third Party beneficiary rights.
We respect the intellectual property rights of others, and we expect you to do the same. Copyright owners may contact us to request the removal of any infringing content. Know that, in certain circumstances, we may terminate users of our Services who infringe the copyright(s), or other intellectual property rights, of others.
If you believe that any material on our Services infringes a copyright that you own or control, you may file a notice with our copyright agent:
70 Douro St, Unit 112
Your notice must contain:
- your physical or electronic signature;
- identification of the copyrighted work(s) claimed to have been infringed;
- identification of the material claimed to be infringing and that request us to remove;
- reasonably sufficient information to permit us to locate this material;
- your physical address, telephone number, and email address;
- a personal statement that you have a good-faith belief that use of the objectionable material in the fashion complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7. Ending or Changing the Services
You may notice that parts of the Services change over time. This is all part of our pledge to deliver the best product to our users. To make that happen, we may update, change, remove, replace, stop or suspend the Services or any part of the Services at any time, without notice.
If you are unhappy with the Services, or decide that you no longer want to be bound by these terms, you can terminate your agreement with us by cancelling any ongoing subscription and/or deactivating your Parachute Account. Subscriptions must be cancelled by or on the first day of a given calendar month to avoid incurring the subscription fee for that month. All cancellation requests received after the first day of the calendar month will apply to the following calendar month.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL (i) THE END OF THE TERM YOU HAVE AGREED TO SUBSCRIBE FOR (THE SUBSCRIPTION PERIOD) OR (ii) YOU CANCEL YOUR SUBSCRIPTION. IF NOT CANCELLED, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTH-TO-MONTH BASIS.
We can also terminate the agreement for a number of reasons, like if we decide that you have breached these Terms or if your account has been inactive for a prolonged period of time.
Even after this agreement is terminated, you and Parachute will both still be bound be sections 5, 6, and 8-18 of these Terms. Additionally, we accept no liability relating to the termination of this agreement, the termination of your account, or any content that may be deleted along with your account.
If we need to contact you about these Terms, you: (i) agree to receive electronic messages from us; and (ii) agree that all terms and conditions, notices, disclosures, agreements, and other messages we send you electronically satisfy all legal requirements as if they were in writing.
8. Limitation of Liability
IN NO EVENT SHALL PARACHUTE AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (AND INCLUDING TO ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO INTELLECTUAL PROPERTY RIGHTS OR THIRD-PARTY RIGHTS INFRINGEMENT, PROPERTY DAMAGE, IDENTITY THEFT, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF PROPERTY, LOSS OF GOODWILL, LOSS OF PROFITS, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH YOU USE, MISUSE, OR RELIANCE UPON THE SERVICES, OR YOUR INABILITY TO USE THE SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PARACHUTE KNEW OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF PARACHUTE AND ITS EMPLOYEES, OFFICERS, AGENTS, DIRECTORS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE, MISUSE, INABILITY TO USE, OR RELIANCE ON THE SERVICES OR ANY CONTENT THEREIN EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PARACHUTE FOR THE SERVICES DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE CLAIM.
PARACHUTE IS ONLY RESPONSIBLE FOR THE SECURITY OF THE COMPUTER SYSTEMS IT OWNS AND OPERATES. PARACHUTE IS NOT LIABLE FOR YOUR INFORMATION STORED OR RECORDED BY ANY COMPUTER, TABLET, MOBILE DEVICE OR ANY NETWORK, WHETHER PUBLIC OR PRIVATE, THAT YOU MAY USE TO ACCESS OR MAKE USE OF THE SERVICES.
SOME JURISDICTIONS DO NO ALLOW THE EXCLUSIONS OR LIMITATIONS DESCRIBED ABOVE. THUS, PORTIONS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONSUMABLE PRODUCTS INCLUDED IN THE SERVICES WILL BE SUITABLE FOR EVERY PERSON IN EVERY CASE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER ANY PRODUCT YOU RECEIVE AS PART OF THE SERVICES IS SUITABLE FOR YOUR CONSUMPTION, WHETHER IN RELATION TO ALLERGIES, FOOD RESTRICTIONS, OR OTHERWISE. PARACHUTE MAKES NO ASSURANCES REGARDING ALLERGIES OR FOOD RESTRICTIONS.
WE HAVE MADE ALL REASONABLE EFFORTS TO PROVIDE ACCURATE INFORMATION ON THIS SITE. HOWEVER, WE CANNOT AND DO NOT GUARANTEE, REPRESENT, OR WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, VALIDATION, STABILITY AND AVAILABILITY OF THE SERVICES (INCLUDING ANY TEXT, GRAPHICS, MATERIALS, LINKS, EXPLANATIONS OR OTHER ITEMS IN THE CONTENT CONTAINED WITHIN THE SERVICES). ALL WARRANTIES AND REPRESENTATIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE SERVICES AND CONTENT THEREIN ARE PROVIDED ON AN “AS IS” BASIS. NOTHING IN THE SERVICES CONSTITUTES ADVICE, NOR SHOULD THE SERVICES, OR ANY PART THEREOF, BE RELIED UPON IN MAKING, OR REFRAINING FROM MAKING, ANY DECISION.
WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER HARMFUL COMPONENTS OR SECURITY INTRUSIONS, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY (HOWSOEVER ARISING) IN CONNECTION WITH ANY LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, THE USE OF, OR THE INABILITY TO USE, ALL OR ANY PART OF THE SERVICES OR THE CONTENT THEREIN, OR ANY ACTION TAKEN (OR REFRAINED FROM BEING TAKEN) AS A RESULT OF USING ANY OF THE FOREGOING.
You agree to indemnify, defend, and hold harmless Parachute, our directors, officers, employees, suppliers, affiliates, agents, and their respective successors and assigns against any and all complaints, losses, damages, suits, charges, claims, costs, liabilities, and expenses, including, legal fees and disbursements, resulting from, arising from, or relating to, directly or indirectly: (1) your use of, misuse of, reliance upon, or access to, the Services; (2) your content; or (3) your breach of these Terms. Parachute reserves the right, if it so chooses, to assume the exclusive defense and control of any matter that you are required to indemnify at your expense. You agree to cooperate with our defense of any such claim, including foregoing acceptance of any offers to settle and refraining from making any such offers without the consent of Parachute. We will make a reasonable effort to notify you of any claim that is captured by this section.
11. Dispute Resolution
In these terms, “Arbitration Agreement” refers to section 11 (Dispute Resolution).
(1) Mandatory Arbitration. Any disputes or claims arising out of or relating to these Terms or the Services (except those that can be resolved in small claims court) will be resolved exclusively through binding, confidential, and individual arbitration conducted in Toronto, Ontario, Canada. The arbitration will be held before a single arbitrator and in accordance with the applicable Ontario arbitration statute. No portion of the arbitration proceeding will be open to the public or the media. All evidence submitted or discovered in the process of the arbitration proceeding will be deemed confidential and may not be publicly disclosed, except as needed to enforce an arbitral award or to seek further injunctive or equitable remedies.
Non-appearance arbitration is available for any claims where the amount sought is under $10,000 USD. Claims seeking an award greater this amount may involve a hearing, subject to the rules of arbitration.
In the absence of an arbitrator’s decision to the contrary, each party will be responsible for their own costs, including legal expenses, fees, and disbursements. The authority of the arbitrator will mirror that of a judge in a court of law. The arbitrator will decide what liabilities, if any, have been incurred by either party and has the authority to dispose of the issue by granting any remedy available to an Ontario court. The decision of the arbitrator is final, non-appealable, enforceable at a court of competent jurisdiction, and binding on you and Parachute.
(2) Waiver of Jury Trials. BY ENTERING THIS AGREEMENT, YOU AND PARACHUTE WAIVE ANY STATUTORY, CONSTITUTIONAL, OR OTHER RIGHTS TO BRING AN ACTION OR APPLICATION AT COURT AND YOUR RIGHTS TO A TRIAL BEFORE A JUDGE OR A JURY, WITH THE EXCEPTION OF A QUALIFYING CLAIM IN AN ONTARIO SMALL CLAIMS COURT. You instead elect that this Arbitration Agreement will govern the resolution of all claims and disputes. In the event that either party moves to vacate or enforce an arbitration decision made as between the parties, YOU AND PARACHUTE WAIVE ALL RIGHTS TO A JURY TRIAL. You instead elect that the dispute be resolved by a judge or panel of judges.
(3) Waiver of Class or Consolidated Actions. YOU AND PARACHUTE AGREE THAT ALL ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CONSOLIDATED ACTION, CLASS ACTION, OR REPRESENTATIVE ACTION. AN ARBITRATOR PRESIDING OVER A PROCEEDING UNDER THIS AGREEMENT MAY NOT JOIN OR CONSOLIDATE THE CLAIMS OF MORE THAN ONE INDIVIDUAL OR PRESIDE OVER A CLASS OR REPRESENTATIVE PROCEEDING. THIS AGREEMENT PROHIBITS AN ARBITRATOR FROM AWARDING RELIEF OR REMEDIES ON A CLASS OR REPRESENTATIVE BASIS.
(4) Small Claims Court. Where possible, claims should be resolved in the small claims court of Toronto, Ontario, Canada.
(5) Opt Out. You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out, postmarked within 30 days of the date this Agreement, to Parachute. Your written notice must include your name, address, Parachute username and the email address you used to create your Parachute Account. If you send written notice, then the mandatory arbitration provisions in this Agreement will not apply to you or Parachute. FAILURE TO PROVIDE WRITTEN NOTICE WILL CONSTITUTE AGREEMENT TO BE BOUND BY THE THIS ARBITRATION AGREEMENT.
(6) Survival. This Arbitration Agreement will survive the termination of these Terms and your relationship with Parachute.
12. Governing Law
These Terms, and any disputes arising out of or relating to these Terms, are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of other laws or principles. By accessing or using the Services, you agree that any action or proceeding arising directly, indirectly, or otherwise in connection with, out of, related to, or from, the Services shall be resolved, whether by arbitration or otherwise, exclusively within Ontario, Canada. Additionally, you consent and submit to the exclusive jurisdiction of the courts, tribunals, and arbitrators located within Ontario, Canada. You further agree that any such action or proceeding brought to enforce any right, assert any claim, or obtain any relief whatsoever in connection with the Services will be commenced exclusively in Ontario, Canada. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
It is the express will of Parachute that these Terms and the Services are provided in English.
The validity and enforceability of these terms as a whole will not be affected by any part of these Terms being found unenforceable or invalid. If such a situation arises, the invalid or unenforceable part will be severed from these Terms.
These Terms are not assignable, transferable, or to be sub-licensed by you except with Parachute’s prior written consent. Parachute may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Parachute’s decision not to enforce a provision in these Terms will not constitute a waiver of that term.
Throughout these Terms, the word “including” will mean “including without limitation”.
17. Entire Agreement
These Terms constitute the final, exclusive, and entire agreement between you and Parachute. Any prior agreement you may have had with Parachute is superseded by these Terms.
Parachute welcomes comments, questions, or suggestions. Please send your feedback to firstname.lastname@example.org.
Parachute Coffee Company Limited is located in Canada at
70 Douro St, Unit 112