AVERY COFFEE COMPANY INC. WEBSITE TERMS OF USE

LAST UPDATED: AUGUST 11, 2021

1. OVERVIEW

These Terms of Use form a legally binding contract between AVERY COFFEE COMPANY

INC. ("we" or "us") and the people and companies (“Users” or “you”) that access and use

our website located at https://avery.coffee or any related website or mobile platform

controlled by us (collectively, the "Website"). These Terms of Use apply to all services

provided through our Website and any other software application we operate, and all

content, services, and products available at or through the Website.

It is very important that you read and fully understand these Terms of Use before using

the Website. By agreeing to these Terms of Use and using the Website, you are entering

into a legally binding contract which will impact your rights.

By accessing any part of the Website, you agree to be bound by these Terms of Use. You

are also confirming that you have read and fully understood these Terms of Use. If you do

not agree to or understand all of these Terms of Use, then you may not access the Website

or use any services available on the Website.

These Terms of Use should be read in conjunction with the Privacy Policy and any other

rules, guidelines, or policies posted on the Website.

2. SERVICES AVAILABLE ON THE WEBSITE

Without restriction, we generally offer the following services through the Website:

We sell home coffee making products

The services we offer are subject to change over time. By using the Website, you are

confirming that you have determined that the services are appropriate for your needs. We

do not guarantee that these services meet your needs or that they are suitable for your

specific purposes.

3. OWNERSHIP OF YOUR FILES

When you choose to upload documents or data (including any images or text), AVERY

COFFEE COMPANY INC. does not review or pre-screen the contents of electronic data

uploaded or posted to the Website (“Content”) and AVERY COFFEE COMPANY INC. claims

no intellectual property rights with respect to the Content.

However, by posting, uploading, inputting or submitting any Content whatsoever to the

Website, you are granting AVERY COFFEE COMPANY INC. an irrevocable, royalty free

licence while the Content remains uploaded to the Website, to use the Content for any

purpose related to the use and promotion of its business and the Website, including the

right to copy, distribute, edit, and publicly display such content with or without

attribution.

4. PAYMENT PROCEDURES

Payments for services or products available on the Website will be charged to you in

accordance with the policies, procedures, and timelines posted on the relevant sections of

the Website.

For purposes of processing payments, we use the following service provider:

STRIPE

Before using the Website, you must first review and approve the terms and conditions

governing the use of these third-party payment processors, which are available at the

following website(s): https://www.stripe.com

5. REFUND, EXCHANGE AND SHIPPING POLICIES

Our current policies on refunds, exchanges and responsibility for lost, broken or stolen

products are posted on the Website.

6. YOUR ACCOUNT

In order to fully use the Website, you will be required to create an account. Information

submitted by you in order to create an account will be subject to our Privacy Policy, which

is available for review on the Website, and which you are required to approve before

creating an account. The Privacy Policy also dictates how to terminate your account and

how you can have your personal identifying information deleted from our servers.

The terms governing the features and capabilities of your account and the related fees can

be found on the Website.

7. TERMINATION

You may cancel and terminate your Account at any time in accordance with the terms and

policies posted on the Website.

If at the date of termination of your Account, there are any outstanding payments owing

by you to us, you will receive one final invoice via email. Once that invoice has been paid

in full, you will not be charged again.

8. LIMITATION OF LIABILITY

Except in a case where we are in violation of these Terms of Use, we will not be held liable

for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or

damages of any kind resulting in any way from use of the Website.

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as

available” basis without any warranty or condition, express, implied or statutory. We do

not warrant that your use of the Website will be uninterrupted, secure or error-free.

In no event will we have any liability to you or any third party for any lost profits or

revenues or for any indirect, special, incidental, consequential, or punitive damages

however caused, whether in contract, tort, or otherwise, and whether or not you or the

third party have been advised of the possibility of such damages. In the event the

foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or

such part thereof, shall be inapplicable.

9. INDEMNIFICATION

You agree to indemnify and hold harmless AVERY COFFEE COMPANY INC., including our

officers, directors, shareholders, employees and agents, from and against any and all

claims and expenses, including legal fees and disbursements, which are made against us

and arise out of your use of the Website, including but not limited to your violation of any

term of these Terms of Use or any other policy posted on the Website.

10. SECURITY BREACHES

In order to protect your security, it is your sole responsibility to ensure that all usernames

and passwords used to access the Website are kept secure and confidential.

You must immediately notify us of any unauthorized use of your account, including the

unauthorized use of your password, or any other breach of security.

We will investigate any breach of security on the Website that we determine in our sole

discretion to be serious in nature, but we will not be held responsible or liable in any

manner for breaches of security or any unauthorized access to your account however

arising.

11. WARRANTIES AND REPRESENTATIONS

We hereby disclaim all warranties of any kind, whether express, implied, or statutory,

including but not limited to implied warranties as to merchantability or fitness for a

particular purpose as they relate to the Website.

12. COMPLIANCE WITH LAWS

You represent and warrant that:

i. You have the authority to bind yourself to these Terms of Use;

ii. Your use of the Website will be solely for purposes that are permitted by these Terms

of Use;

iii. Your use of the Website will not infringe or misappropriate the confidentiality or

intellectual property rights of any User or third party; and

iv. Your use of the Website will comply with all local, provincial and federal laws, rules

and regulations, and with all policies posted on the Website.

You must only use the Website for your own lawful purposes, in accordance with these

Website on behalf of others or in order to provide services to others but if you do so you

must ensure that you are authorized to do so and that all persons for whom or to whom

services are provided comply with and accept all these Terms of Use.

13. AGE RESTRICTIONS

Users Must be Over the Age of 18. You represent and confirm that you are over the age

of 18. We do not target, market, or promote the Website to those under 18. We do not

permit any User under the age of 18 to use the Website.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any access to or use of the Website shall be governed by, and

construed in accordance with, the laws in force in the Province of Ontario.

If any claim, dispute or controversy occurs between AVERY COFFEE COMPANY INC. and a

User relating to the interpretation or implementation of any of the provisions of these

arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall

be appointed by agreement of the parties or, in the absence of an agreement, such

arbitrator shall be appointed by a judge upon the application of either the User or AVERY

COFFEE COMPANY INC. Arbitration shall be held in the Province of Ontario, unless

otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed

by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration

shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c

17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final

and binding. Judgment upon the award rendered by the arbitrator may be entered in any

court having jurisdiction.

15. WAIVER OF CLASS ACTION

By using the Website, you agree to resolve any claim or dispute arising between you and

us on an individual basis, rather than addressing such claim or dispute as part of a group

or class. You hereby waive any right you may have to commence or participate in any class

action lawsuit commenced against AVERY COFFEE COMPANY INC. or its affiliates related

to any claim, dispute or controversy arising from your use of the Website. Where

applicable, you hereby agree to opt out of any class proceeding against AVERY COFFEE

COMPANY INC. otherwise commenced.

The above waiver shall not apply to claims or disputes arising under consumer protection

legislation or any other claim or dispute where a waiver of class action lawsuits is

unenforceable at law.

16. GENERAL TERMS

a. AMENDING THESE TERMS OF USE

These Terms of Use may be updated and amended from time to time. We reserve the

right to change these Terms of Use at any time, and any amended Terms of Use are

effective upon posting to the Website. We will make efforts to communicate any

changes to these Terms of Use we deem material, in our sole discretion, via email or

notifications on the Website. Your continued use of the Website will be deemed to be

immediate and unconditional acceptance of any amended Terms of Use, whether or

not we deemed the amendments to be material.

b. ASSIGNMENT

We may assign or delegate these Terms of Use, in whole or in part, to any person or

entity at any time with or without your consent and without prior notice to you.

Users may not assign or delegate any rights or obligations under these Terms of Use,

without our prior written consent, and any unauthorized assignment and delegation is

void.

c. NO WAIVER

No waiver of a provision, right or remedy of this Agreement shall operate as a waiver

of any other provision, right or remedy or the same provision, right or remedy on a

future occasion.

d. NO AGENCY

The parties to these Terms of Use are independent contractors and are not partners or

agents. AVERY COFFEE COMPANY INC. has no fiduciary obligations or professional

obligations whatsoever to you arising from these Terms of Use or your use of the

Website.

e. SEVERABILITY

In the event that any provision or part of this Agreement is found to be void or invalid

by a court of law, the remaining provisions, or parts thereof, shall be and remain in

full force and effect.

f. ENTIRE AGREEMENT

These Terms of Use, in conjunction with all policies and guidelines available on the

Website (including but not limited to any Privacy Policy), incorporated by reference,

constitute the entire agreement between you and AVERY COFFEE COMPANY INC. and

supersede all prior communications, agreements and understandings, written or oral,

with respect to the subject matter of these Terms of Use.

17. QUESTIONS ON THESE TERMS OF USE

We welcome you to contact us with any questions on these Terms of Use. You can send

your questions regarding these Terms of Use to the following email address:

contact@avery.coffee

18. CONFIRMATION OF AGREEMENT TO TERMS OF USE

BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ,

UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY

POLICIES AND NOTICES POSTED ON THE WEBSITE.