Key Terms:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• All of the products on the Site are subject to availability;
• We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted;
• Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss;
• We will have no liability for loss of, or damage to, the products or any third party products, any injury or loss to any person, failure or delay in providing the products or a breach of the Terms or any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties; and
• We may amend these Terms at any time by publishing updated terms on our Site.

Introduction

(a) This website is operated by City Soda Inc. (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the website. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorized to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Use of the Site

(a) You accept these Terms by placing an order via the Site.

(b) You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.

(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

1. anything that would constitute a breach of an individual’s privacy or any other legal rights;
2. using the Site to defame, harass, threaten, menace or offend any person;
3. using the Site for unlawful purposes
4. interfering with any user of the Site;
5. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
6. using the Site to send unsolicited electronic messages;
7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
8. facilitating or assisting a third party to do any of the above acts.

Account

(a) You must create an account in order to purchase products from us. If you sign in to your account using your Social Media Account, you authorize us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

Orders

(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(c) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(d) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(e) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a

description, price or image). We will contact you using the details you provided when you placed your order.

Price and Payments

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Canadian dollars and are exclusive of Provincial and Federal sales taxes.

(b) You must pay the Price upfront using one of the methods set out on the Site.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorized to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider for example, Square, or Woocommerce. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(f) We may from time to time issue promotional discount codes for certain products on the Site.

(g) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(h) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

Delivery, Title and Risk

(a) We will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(b) When you order a product for delivery you will select a delivery period outlined on the Site. Bookings for delivery periods close 3 hours prior to the delivery run commencing as outlined on our Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(c) If you need to change the delivery day, delivery period or delivery address, please notify us immediately in writing and at least 3 hour prior to the delivery run commencing, as outlined on our Site.

(d) If you need to change the collection date, please notify us immediately in writing.

(e) If you select delivery of your products, we deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorized representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

(f) If you make an order to have an empty product refilled, we will swap your empty product with a full product. For the avoidance of doubt, we will only refill our own products and not products from another business. If we are collecting the empty product and if you do not place the empty product outside and in a location that is accessible and visible by the courier, at the allocated pickup time, we may need to organise re-delivery and you will be charged a fee for the re-delivery. We may, in our discretion, reject any empty products.

(g) We may swap empty products that are from another business if agreed prior to pick up or drop off and you have paid the relevant additional costs prior to us collecting the product or prior to you delivering the product to us. If you have not paid the additional costs, we will not pick up nor accept deliveries from you of the empty products from another business.

(h) Where we are delivering the products, title to the products will remain with us until we have delivered the products to your delivery address. Where you are collecting the products, title to the products will remain with us until you have picked up the products from our collection location. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products

(i) Where we are collecting empty products from you, title to the products will return to us once we collect the empty products from your delivery address. Where you are delivering empty products to us, title to the products will return to us once the empty products are delivered to our collection location.

(j) Where we are delivering the products to you, risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Where you are collecting the products from us, risk in the products will pass to you as soon as you collect the products from the collection location.

Returns

Change of mind returns

(a) We offer exchanges (subject to stock availability) or refunds of products for change of mind where we determine (at our absolute discretion):

1. you have provided the proof of purchase;
2. the products are in their original condition and have not been used, worn, damaged, tampered with or altered;
3. the individual product contains at least 420 grams of carbon dioxide at the time we receive the product back from you; and
4. the products are in their original undamaged packaging with all product tags still intact.

(b) We may also provide a refund if you meet the requirements in clause 7(a) and the product is not compatible with your soda water maker.

(c) We will not cover the costs of delivery or re-delivery for a change of mind return. You must cover these yourself.

Intellectual Property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d) You must not, without our prior written consent:

1. copy, in whole or in part, any of Our Intellectual Property;
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
3. breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

1. you do not assert that you are the owner of Our Intellectual Property;
2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
4. you comply with all other terms of these Terms.

Limitations

(a) Despite anything to the contrary, to the maximum extent permitted by law:

1. our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

1. loss of, or damage to, the products or any third party products (Third Party Products) that the products are attached to, or any injury or loss to any person;
2. failure or delay in providing the products; or
3. breach of the Terms or any law,
   where caused or contributed to by any:
4. event or circumstance beyond our reasonable control; or
   
5. act or omission of you or your related parties.
   

General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(g) Governing law: These Terms are governed by the laws of the Province of British Columba. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in British Columbia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Canada and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Canada. If you access the Site from outside Canada, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

For any questions and notices, please contact us at:

City Soda Inc.

Email: info@getcitysoda.ca

Last update: June 1st, 2022