Terms and Conditions

Overview

The www.mytoqi.com website and all related content (collectively the “Website”), is owned and operated by TOQi Technologies LTD. TOQi Technologies LTD. is a company registered in Canada, company registration number 70942 1275. Throughout the Website the terms “we”, “us”, and “our” refer to TOQi.

TOQi offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Any new products, features, or tools which are added to the current store shall also be subject to the Terms and Conditions.

Please read these Terms and Conditions carefully before accessing or using our website. Your use of this Website, and/or your purchase of any Products constitutes your agreement to the following Terms and Conditions. This applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms and Conditions you may not use the Website or purchase our Products from the Website.

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online and retail Store Terms

By agreeing to these Terms and Conditions, you are an adult of legal purchasing age (age of majority) in your state or province of residence provided. An age verification check will occur during viewing/browsing and purchasing of Products intended for adult use. You may not use our Products for any illegal or unauthorized purpose nor may use, in the use of the Terms and Conditions, violate any laws in your jurisdiction (including but not limited to copyright laws). Providing false age verification is strictly prohibited and in violation of these Terms and Conditions and our Privacy Policy.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred, encrypted, and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Section 2 – Product and Services

We have made every effort to display, as accurately as possible, the descriptions, specifications, colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our product or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of product or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer any product or service made on this side is void where prohibited. We do not warrant that the quality of any product, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected.

Section 3 – Product and Safety Acknowledgment

Products may vary slightly from their pictures. The Products are as described on this Website from time to time. Please note that the Products and any packaging on the Website are for illustrative purposes only. Slight variations may occur between the delivered Product and packaging, and the image of the Product and packaging are given on the Website. You should ensure that you have checked the Product description on the Website before placing your order.

It should be understood that no vaporizer product should be considered 100% safe. If you have any health concerns about the use of a vaporizer for any purpose, we recommend that you consult with your physician. Inhalation of vaporized or heated materials may aggravate existing respirator conditions and you are responsible for the material that you consume with TOQi products.

HEALTH WARNINGS

Cannabis smoke is harmful. Harmful chemicals found in tobacco smoke are also found in cannabis smoke.
Do not use if pregnant or breastfeeding. Using cannabis during pregnancy may harm your baby and result in low birth weight. Substances found in cannabis are also found in the breast mild of mothers who use cannabis.
Do not drive or operate machinery after using cannabis. After cannabis use, coordination, reaction time and ability to judge distances are impaired.
Cannabis can be addictive. Up to half of people who use cannabis on a daily basis have work, social or health problems from using cannabis.
Regular use of cannabis can increase the risk of psychosis and schizophrenia. Higher THC content can increase the right of psychosis and schizophrenia. Young people are especially at risk.
Adolescents are at greater risk of harms from cannabis. Early and regular use increases the risk of psychosis and schizophrenia. Using cannabis as a teenager can increase your risk of becoming addicted.

Your purchase and use of our Products you acknowledge and understand these safety and health warnings. If you experience any issues or side effects stop using the Product immediately and consult your physician. We want everyone to be safe so we can all continue to enjoy vaping and other harm reduction tools. Please use safe disposal of any products containing cannabis or batteries.

Section 4 – Modification to the Service or Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Service or Products.

Section 5 – Accuracy, Completeness and Timeless of information

We are not responsible if information made available on this site is not accurate, complete or current. The information found on the Website is intended for information purposes only and should not be considered a substitute for the sole basis of making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

The information provided on the Website is not intended to diagnose, treat, cure or prevent any disease or addiction, including addiction to cannabis or other substances. Products found on this website are for recreational use. The information found on the Website should not be considered a substitute for professional medical care from your physician or other medical experts. Any reliance on the material on the Website is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that is it your responsibility to monitor changes to our site.

Section 6 – Third-Party Sources

Certain content, products, and service available via our Website may include materials from third-party sources. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party source. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-party sources. We are not liable for any harm or damages related to third-party source, this includes the purchase or use of goods, services, resources, content, or any other transaction made. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage with these third-party sources. Complaints, claims, concerns or questions regarding third-party sources should be directed to the third-party.

Section 7 – References, Reviews and User Comments on the Website

The use of references to articles and statements made by any experts does not mean that these organizations and/or expects in any way endorse TOQi products. Opinions expressed are those of the reviewer(s) and consumer(s).

You agree that your reviews or comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Terms and Conditions or any related website. You are solely responsible for any comments you make and their accuracy. Statements and comments about experience, battery life or other similar claim are subjective, and certainly do not reflect what every consumer may experience when using the product. We showcase these statements with best intentions to show you the result expected for the majority of users.

We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 8 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 9 – Accuracy of billing, Fraud Risk, and Account Information

You agree to pay for all purchase orders your place through the Website. All purchase orders must be paid in full before being shipped or received by you the consumer.

We 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 email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at/on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed.

For more detail on shipping and returns please view our Shipping and Returns.

Section 10 – Copyright and Trademark

All content included on the Website, such as text, graphics, video, audio, photos, logos, button icons, images, digital downloads, and data complications are protected by Canadian and International copyright laws. No portion of the information on the Website may be copied or reproduced in any form, or by means, without prior written permission from TOQi. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on the Website or any TOQi asset for any commercial, public, or private purposes.

Section 11 – Product Warranty, Returns and Exchanges

Read about our Warranty Policy on TOQi products and Shipping and Returns page for returns, refunds, and exchanges.

Section 12 – your Conduct

Use of our Website must comply with the terms of this agreement and must be otherwise lawful. You agree you will use the Services lawfully and NOT use the Website or its 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 n 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 any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider crawl, or scrape;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the service or any related website for violated any of the prohibited uses.

Section 13 – Disclaimers

You expressly understand and agree that:

(a) Your use of the Service is at your sole rise. The Services provided “AS IS”. To the fullest extent permitted by law, TOQi disclaims any and all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. TOQi makes no representations or warranties of any kind including, without limitation, any representations or warranties about the accuracy, availability, reliability, completeness, currency or timeliness of the Services.
(b) Without limited the generality of foregoing, TOQi makes no warranty that:
1. The Services will be uninterrupted, continuous, timely, secure, or error-free, or that the Services will meet your expectation;
2. The results that may be obtained from the use of the Service will be accurate or reliable.
(c) Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that TOQi, will not be responsible for any damage to your devices or loss of data that results from the download of any such material on our Website.

Section 14 – Indemnity

You agree to indemnify and hold harmless TOQi, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, partners, or licensors from and against any and all third-party claims, demands, liabilities, or any similar damages whosoever including without limitation legal fees and disbursements, resulting or arising directly or indirectly from:

(a) Your use of the Services;
(b) Your violation of this Agreement; and
(c) Your violation of applicable laws or regulations that result from or are in any way connected to your use of the Services.

Section 15 – Limitation of Liability

YOU ACKOWLEDGE THAT ANY USE OF OR RELIANCE ON THE SERVICES IS COMPLETELY AT YOUR OWN RISK.

YOU ASSUME ALL RISKS AND RESPONSIBILITES FOR SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS, FOR THE PRODUCTS AND FOR THE RESULTS OBTAINED FROM THE SERVICES.

TOQI IS NOT RESPONSIBLE FOR ANY UNLAWFUL USE OF PRODUCTS OR THE SERVICES.

No decisions regarding your health and safety should be made based on the Services alone. TOQi does NOT accept any responsibility or liability for your health or safety including but not limited to: negligence or failure to act in a safe manner, personal injury, death, or other consequences suffered by you or by third-parties as a result of or in connection with your use of the Services or Products.

You assume the entire cost of any damages resulting from your use of the Services. You agree that TOQi will NOT be responsible or liable for any loss, damages, claims or liabilities whosoever, including but not limited to: direct, indirect, special, punitive or consequential damages, disease, deterioration of health, injury or death, loss of information or programs or data, loss of profits, and loss of revenues arising from or in connection with the use of or access to the Services (whether arising in contract, tort, negligence, equity, common law or otherwise), even if TOQi has been advised of the possibility of such damage or loss. You agree not to participate in any class action against TOQi.

You further agree that TOQi will NOT be responsible for any unauthorized access to or use of Services and or any and all personal information stored herein, any interruption, cessation of transmission to or from our Services any bugs, viruses, Trojan horses or the like which may be transmitted via the Services and or any errors or omissions on the Services.

In the event that you are sued for, being investigated for or accused of using the Service in the commission of a crime or for unlawful purposes you agree:

(a) To immediately notify TOQi by sending an email to info@mytoqi.com;
(b) Not to object to any attempts or efforts by TOQi to have standing in any legal proceeding; and
(c) To keep terms of any settlement agreement strictly confidential.

Section 16 – Governing Law

You agree to follow and abide by the relevant laws and regulations in the jurisdiction in which you use the Services. This Agreement shall be governed by the laws of Ontario, Canada. You hereby submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario.

Section 17 – Severability

If any provision of this Agreement is found or held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement. Such a determination shall not affect the validity and enforceability of any other remaining provisions in this Agreement.

Section 18 – Contact

If you have any questions about this Agreement, our Services or Products please do not hesitate to contact us at info@mytoqi.com