Terms and Conditions
TERMS AND CONDITIONS Last Updated: February 28 2017
Ownership Of Site; Legal Information And Notices
By using this website, you certify to The Picky Vaper Inc. that you are of legal age or age of majority in your province, or are at least 19 years old. Our products may not be purchased or used by persons under the age of 19. By purchasing from us you declare that you are over the age of 19 on the date of purchase. Further, each customer is responsible for ensuring that the purchase and use of these products is legal in customer's community, locality, region or nation of residence. Furthermore, The Picky Vaper Inc. will comply with all local and provincial laws where applicable, including those areas that require individuals to be 21 and older to purchase e-cigarette products
Important! Please note the information and products on this website are not intended to diagnose, treat, cure, or prevent any disease or addiction including addiction to tobacco or cigarettes. The e-cigarettes and related vaping products found on this website are for recreational use and users use it simply as an alternative to smoking tobacco cigarettes. The content found on this website is intended for information purposes only and should not be considered a substitute for professional medical care from your physician, and other medical experts. Information and statements regarding these products have not been evaluated by Health Canada. Please read carefully through all product description, keeping in mind that we all as individuals are different, therefore actual results of vaping and e cigarettes may vary among user to user. The use of references to articles and statements made by any experts on e-cigs, vaping, e juice, guides, suggestions does not mean that these organizations and/or experts in any way endorse www.thepickyvaper.com products, unless stated so. Opinions expressed are those of the reviewer(s) and users, many of whom may have requested us to change their name for privacy. Results not typical for any and all claims. The use of statements by consumers who have used www.thepickyvaper.com products are real, but displayed to you for illustrative purposes only, and may not reflect what every consumer may experience when using the products.
All text, graphics, user interfaces, visual interfaces, photographs, ideas, videos, blogs, logos, contests, sounds, music, artwork, and computer code (collectively “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site and owned, controlled or licensed by or to thepickyvaper.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on www.thepickyvaper.com products purposely and expressly made available by www.thepickyvaper.com for downloading from the Site, provided that you; (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use Of This Site
You may not use any “deep-link, “page-scrape”, “robot”, “spider”, or automatic device, program or algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or any information through any means not purposely made available through the Site www.thepickyvaper.com reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks, connected to the Site or thepickyvaper.com server, or to any other services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of www.thepickyvaper.com, including any account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for the Site.
You agree to not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
WARNING: www.thepickyvaper.com products and accessories are only intended for committed smokers of legal smoking age and not by non-smokers, children, women who are pregnant or may become pregnant or any person with an elevated risk of, or pre-existing condition of, any medical condition which includes, but is not limited to, heart disease, diabetes, high blood pressure or asthma. If you experience any side effects or possible side effects, stop using the product immediately and consult a physician. Product may be poisonous if orally ingested. Thepickyvaper.com. products are not a smoking cessation product and have not been tested or guaranteed as such. www.thepickyvaper.com products have not been evaluated by Health Canada nor are they intended to treat, prevent or cure any disease or condition. All of the products sold by www.thepickyvaper.com are NOT drug paraphernalia, and are NOT designed to be used with dry herbs, oils, or any other type of recreational drug. We will not be responsible for any misuse of this product. Products are to be kept out of reach of children and pets.
www.thepickyvaper.com products can only be purchased by a buyer who has an account. New account application and approval of account requires that a buyer confirms to have read and agreed to www.thepickyvaper.com terms and conditions, other policies and wholesaler agreements. www.thepickyvaper.com reserves the exclusive right to refuse sales to anyone.
The buyer acknowledges that www.thepickyvaper.com products have not been approved or tested to meet any health claims, and the buyer will not use any such claims, including claims involving efficacy as a smoking cessation product and/or nicotine replacement therapy, carcinogen levels, or any other claim judged by www.thepickyvaper.com as a health claim.
Account approval grants to the buyer privileges and rights to be a reseller of thepickyvaper.com products solely at the websites and store locations listed in the New Account Information Sheet completed by the Buyer.
The buyer websites and/or store locations must be operating within Canada. The Buyer agrees to deliver www.thepickyvaper.com product to the final customer untampered and unadulterated with all safety measures (i.e. shrink bands and child safety caps) intact. The Buyer shall have no rights of exclusivity in any way. thepickvaper.com and buyers shall operate as independent contractors hereunder, and, notwithstanding anything to the contrary contained in their agreement, the parties will have no legal relationship as partners, joint ventures or otherwise.
No Product shall be resold directly or indirectly by or through any on-line auction or marketplace such as eBay, Amazon or similar sites without the express written approval of thepickyvaper.com.
The Buyer agrees not to use any logo, image, graphic or representation related to www.thepickvaper.com except for such files and documents provided by www.thepickyvaper.com with the express intent of use as marketing materials
The buyer must include warning on any marketing material, or, in the case of e-commerce, easily accessible and noticeable on any domain associated with www.thepickyvaper.com products, about the potential harmful effects of Nicotine even when www.thepickyvaper.com product is used as intended, the toxicity and harmfulness of ingesting the www.thepickyvaper.com product orally, that the www.thepickyvaper.com product is intended only for adult smokers of legal age and the www.the pickyvaper.com product should be kept out of reach of children and pets.
The buyer marketing, web content, or other public communications may not advertise www.thepickyvaper.com product, or related products, as smoking cessation devices or treatments. These products are for recreational use by committed adult smokers only.
The buyer marketing, web content, or other public communications may not make any unsubstantiated claims as to the health, safety or efficacy of our products, or similar products, unless peer-reviewed scientific data is available for the claim in question.
The buyer marketing, web content, or other public communications may not be judged to be targeting children or consumers under the legal smoking age.
www.thepickyvaper.com obligations, if any, with regard to its products or services, are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be constructed to alter such agreements.
www.thepickyvaper.com may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time without notice. The materials on the Site with respect to products and services may be out of date and www.thepickyvaper.com makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords, And Security
Certain features or services on or through the Site may require you to open an account (including setting up a www.thepickyvaper.com ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify www.thepickyvaper.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by www.thepickyvaper.com or any other user or visitor to the Site due to someone else using your ID, password or account as a result of you failing to keep your account information secure and confidential.
Links To Other Sites And To The www.thepickyvaper.com Site
The Site may contain links to other independent third-party websites (“Linked Sites”). These linked sites are provided solely as a convenience to our visitors. Such Linked Sites are not under thepickyvaper.com control, and www.thepickyvaper.com is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Thepickyvaper.com does not promise that this site or any content, service or feature of this site will be error-free or uninterrupted, or that any defects will be or corrected, or that your use of the Site will provide specific results. This Site and its contents are delivered ‘as is’ and ‘as-available’ basis. All information provided on this Site is subject to change without prior notice. Thepickyvaper.com cannot ensure that any files or data you download from this Site will be free of viruses or contaminations or destructive features. thepickyvaper.com disclaims all warrantees express or implied, including any warrantees of accuracy, non-infringement, merchantability, and fitness for a particular purpose. The Picky Vaper Inc. and thepickyvaper.com disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or ant thepickyvaper.com services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against thepickyvaper.com for dissatisfaction with the Site or any content is to stop using the Site or any such content.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer viruses, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
thepickyvaper.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portions of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation Of Liability
Except where prohibited by law, in no event will thepickyvaper.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if thepickyvaper.com has been advised of such damages.
You agree to indemnify and hold thepickyvaper.com, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against thepickyvaper.com by any third party due to or arising out of or in connection with your use of the Site.
thepickyvaper.com may disclose any information we have about you (including identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) thepickyvaper.com rights or property, or the rights of property of visitors to or users of the Site, including thepickyvaper.com customers. thepickyvaper.com reserves the right at all times to disclose any information that thepickyvaper.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. thepickyvaper.com may also disclose your information when thepickyvaper.com determines that applicable law requires or permits disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that thepickyvaper.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) request by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
thepickyvaper.com administers and operates the Site from its location in Ontario, Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. thepickyvaper.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canada’s export laws and regulations.
Feedback And Information
Any feedback you provide at this site shall be deemed to be non-confidential. thepickyvaper.com shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not post or transmit to this website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights. www.thepickyvaper.com assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, profanity, or misrepresentation. Any non financial information, material, or communication transmitted by you to this website will not be treated as confidential. Any ideas or concepts or other materials transmitted by you to www.thepickyvaper.com may be used by The Picky Vaper Inc. in any manner including but not limited to; reproduction, transmission, publication or broadcast without compensation.
The Picky Vaper Inc. reserves the right to edit or delete any content posted on any part of thepickyvaper.com website at any time by customers or third parties, including, but not limited to, the "product reviews" sections of the website. Statements that reasonably may be interpreted to make therapeutic or "smoking cessation" claims regarding the use of The Picky Vaper Inc. products, or electronic cigarettes generally, are prohibited and will be subject to editing and/or removal from the website. Examples of such statements include statements that electronic cigarettes have helped an individual "quit" smoking traditional cigarettes, have helped reduce nicotine cravings or withdrawal symptoms, or have proven a successful alternative to approved smoking cessation drugs, such as nicotine patches or gums.