General Terms & Conditions
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the brvape.ca website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and BR Vape ("BR Vape", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and BR Vape, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and membership
You must be at least 19 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 19 years of age. By agreeing to these Terms of Services, you also consent to produce 2 pieces of government-issued photo identification in digital format through email, if requested, for the purposes of age-verification.
The Smoke-Free Ontario Act, 2017 Sec 3 (1) states that “No person shall sell or supply … the following to a person who is less than 19 years old: A vapour product.” This is not limited to e-liquid containing nicotine but includes ALL ITEMS generally associated with vaporizers, including batteries, equipment and spare parts.
Therefore, by entering into a purchase agreement with brvape.ca simply by submitting your order, you are legally confirming your age and authorizing any subsequent credit card charge or automatic Interac Etransfer deposit equal to the value of the submitted order.
If a representative from brvape.ca phones and/or emails you requesting that you produce the photo identifications of persons named on the billing and/or shipping address, or of anyone who has been in correspondence by phone or email with brvape.ca to confirm the ages of all parties involved, and if you fail to provide the documentation within a reasonable timeframe (72 hours), brvape.ca will assume that one of the parties is indeed underage and attempting an illegal purchase and you will therefore forfeit your order and not be eligible for even a partial refund.
You cannot cancel your order once submitted without providing 2 pieces of your government-issued photo ID, by email or otherwise. Because you knowingly entered into a contract upon submitting your order, brvape.ca must now confirm that you are cancelling simply because of a change of heart, and not because you are an underaged person, who illegally made a purchase on brvape.ca in the first place, after verifying their age as “Over 19” upon entering the site and still submitting the order after agreeing to the TERMS OF SERVICE.
Underage buying is not only illegal and puts our business at risk, but is a profound waste of our resources costing us valuable time, labour and warehouse effort. Costs which cannot be recouped, except by your forfeit of funds if you fail to produce the proper photo ID, upon request.
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 your jurisdiction (including but not limited to copyright laws).
You understand that the term ‘e-liquid’ or ‘juice’ may refer to a nicotine-containing fluid.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also 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 placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against BR Vape with respect to such other services. BR Vape is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting BR Vape to disclose your data as necessary to facilitate the use or enablement of such other service.
We are not responsible for the Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by BR Vape or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with BR Vape. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of BR Vape or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of BR Vape or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
By registering with the site or submitting your order, you are knowingly “signing” this document and waiving certain legal rights, including the right to sue or claim compensation following an accident, which you or your heirs, next of kin, executors, administrators and assigns may have against BR Vape (the releasee).
On your behalf and on behalf of any persons exposed to products you have purchased from brvape.ca or for whom you are legally responsible, you agree to the following:
ASSUMPTION OF RISKS
- You are aware and understand that activities involving e-cigarettes, vaporizers, liquid nicotine, batteries, and other vaping accessories involve many risks, dangers and hazards, including but not limited to the following:
- Vaporizers and their accessories can at any time cause electrocution, severe burns, cuts, chemical explosions, choking, even death.
- Vaporizers can have dangerous manufacturer’s defects and faulty designs that could cause equipment failure that causes severe bodily harm and even death.
- User negligence, failing to read product user manuals, and not exercising ordinary care in the operation of vaporizers and their accessories can be extremely hazardous to your health.
- Liquid Nicotine is highly toxic and can cause lethal poisoning through inhalation, skin contact or swallowing.
- Nicotine can increase blood pressure and heart rate.
- Nicotine can produce adverse fetal effects and must never be used by pregnant or breastfeeding woman.
- Nicotine is highly addictive and can cause physical dependence.
- Difficulty concentrating and deficits in task performance are symptoms of nicotine withdrawal.
- Nicotine is highly toxic and should never be handled by, or accessible to, children or pets. 30–60 mg (0.5–1.0 mg/kg) can be a lethal dosage for adult humans.
- The inhalation of e-liquid could cause severe allergic reactions or irritations.
- The inhalation of e-liquid may have unknown but severe short-term and/or long-term health risks.
- The inhalation of flavoured e-liquids containing Diacetyl, acetyl propionyl, acetoin or any other declared or undeclared chemical could cause long-term damage to your lungs (e.g. “popcorn lung”).
- The improper storage of vaporizers and liquid nicotine could be lethal. You understand that storing your vaporizers and liquid nicotine in a safe place out of the reach of children and pets is absolutely necessary for the prevention of accidental poisoning or death.
- Lithium Ion batteries are potentially hazardous and can present a serious FIRE HAZARD if damaged, defective or improperly used.
You understand and acknowledge that no amount of caution, experience or guidance can eliminate all of the risks involved and you freely accept and fully assume all such risks, danger and hazards and the possibility of personal injury, death, property damage and damages of loss resulting there from.
RELEASE OF LIABILITY
In no case shall BR Vape o/a brvape.ca, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
WAIVER OF CLAIMS
In consideration of brvape.ca providing you with products, services or recommendations that you solely request, you hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that you have or may have in the future against BR Vape or brvape.ca and their directors, officers, employees, agents, representatives and volunteers (all of whom are collectively referred to as the RELEASEES) and to release the Releasees from any and all liability for any loss, damage, injury or expense you may suffer, or any persons exposed to products that you have purchased from VapeVine.ca may suffer, due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE.
- This agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario; and
- Any litigation involving the parties of this Agreement shall be brought within the Province of Ontario.
You agree to indemnify and hold BR Vape and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected] or write a letter to 540 Notre Dame St. Belle River, ON N0R 1A0 Canada
This document was last updated on January 23, 2021