Terms

Terms of use

1.       Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2.       Credit

2.1    This document was created using a template from SEQ Legal (https://www.contractology.com).

3.       Licence to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use https://jadesbotanicalgarden.com by means of a web browser,

        subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.       Terms of Sale

4.1     Placing an order you intend to purchase a product and are subject to Terms and conditions as follows:

  1. Orders are based on availability and confirmation of payment.
  2. Shipping times may vary due to availability, postal delays or unforeseen circumstances, which we will not be responsible.

4.2    You must be at least 18 years of age and have valid credit/debit card issued by an acceptable bank. https:// jadesbotanicalgarden.com retains the right to refuse any request made by you.

4.3    If order is accepted and funds are available you will receive email confirmation of sale.

4.4    Prices are subject to change.

5.       Registration and accounts

5.1    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

5.2    You must not allow any other person to use your account to access the website.

5.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.4    You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

6.       User login details

6.1    If you register for an account with our website, you will be asked to choose a user ID and password.

6.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3    You must keep your password confidential.

6.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7.       Cancellation and suspension of account

7.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

        at any time in our sole discretion without notice or explanation.

8.       Returns and Refunds

8.1    We allow 30 days from the date of the purchase to initiate a return/refund.

        You can do the following if you need to:

8.2     We do not return because of taste. Our products are organic and are hemp 

          plant based and some products may be original flavor.

9.       Limited warranties

9.1    We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

9.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

9.3    To the maximum extent permitted by applicable law and subject to we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

10.    Limitations and exclusions of liability

10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

10.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

10.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

10.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

10.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11.    Breaches of these terms and conditions

11.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    commence legal action against you, whether for breach of contract or otherwise; and/or

11.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

12.    Variation

12.1  We may revise these terms and conditions from time to time.

12.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

12.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

13.    Assignment

13.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

13.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

14.    Severability

14.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

14.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15.    Third party rights

15.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

15.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

16.    Entire agreement

16.1  These terms and conditions together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

17.    Law and jurisdiction

17.1  These terms and conditions shall be governed by and construed in accordance with New York State Law.

17.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Erie County, New York.

18.    Our details

18.1  This website is owned and operated by BigHawk Enterprise LLC DBA Jade’s Botanical Garden (“https://jadesbotanicalgarden.com”)         

18.2  You can contact

  BigHawk Enterprise LLC DBA Jade’s Botanical Garden      

  4300 Seneca St # 61

West Seneca, NY 14224

 (716) 249-1630