Last Updated: November 27th, 2018
Thank you for visiting our site (this “Site”)! This Site is operated by Brooklyn Coffee Cherry Inc. ("Nomad", “Company”, “we”, “us” or “our”) and allows you to: (a) participate in interactive features that we may make available such as, but not limited to, purchasing our Nomad Energy drinks and other products (“Product”); (b) register as a user of the Site; or (c) simply view or browse this Site. These Terms and Conditions (these “Terms and Conditions”) govern your use of this Site, and your agreement is a condition of using the Site.
SUBSCRIPTION PROCESS, RENEWAL AND CANCELLATION
If you purchase a subscription to Nomad through our Site, you will receive a shipment containing your predetermined quantity of Nomad Energy at the frequency of your choosing.
Your subscription will continue on a month-to-month basis (or the timeline determined by you) until you choose to cancel. There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and taxes.
If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log in and go to the “subscription” page on your Account page. By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email reminder prior to charging your payment provider each subscription period. If you choose to cancel your subscription at any time, your subscription will terminate automatically and we will not charge your payment provider for any unprocessed orders. You agree that the we may either terminate or suspend your subscription for any reason, at any time, at our discretion.
Binding Effect; Modifications to these Terms and Conditions.
This is a binding agreement. By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time. Company reserves the right to make changes to these Terms and Conditions at any time and from time to time. You will be notified via email of any material changes to these Terms and Conditions. Such changes, modifications, additions, or deletions shall be effective when specified in the relevant notification to you or, if the change is immaterial, immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions. If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.
Age Requirements for General Use of Site.
Subject to the following section on “Age Requirements for Purchases,” registration and participation on the Site is restricted to those individuals at least 13 years of age.
We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Site. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.
Age Requirements for Purchases.
You must be at least 18 years of age to purchase Products on the Site. By agreeing to the terms and conditions during the checkout process and/or by clicking “Pay Now,” you represent and certify that you are at least 18 years of age and are legally able to enter into any and all purchase agreements with Company and its partners, vendors, agents and service providers.
Modifications to the Site.
Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, Products, hours of availability, and technological requirements needed for access or use. Company shall use its reasonable endeavors to ensure that confirmed orders for Products are not affected by any change or discontinuation made in accordance with this paragraph.
Copyrights, Trademarks and Other Proprietary Rights.
When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to us.
All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trade mark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under applicable copyright and other intellectual property laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.
All trade marks appearing on the Site are the property of their respective owners, including, in some instances, Company, and/or partner companies. Nothing contained on the Site should be understood as granting you a license to use any of the trade marks, service marks, or logos owned by Company or by any third party.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trade mark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including but not limited to, if you lose your user name or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision
of these Terms and Conditions.
Communications to the Site; License to Company.
You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site (“User Content”), whether by email, uploading or otherwise. You will not be compensated for any User Content. By sending User Content to us, you warrant and represent that you own the rights to the User Content or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.
Prohibited Activity on the Site.
You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Company or generally available browsers.
You are solely responsible for the content and context of any materials or information you submit through the Site. You warrant and agree that, while using the Site, you shall not upload or transmit to the Site any materials which:
are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar,
hateful, abusive, profane, or invasive of a person’s privacy;
- restrict or inhibit any other user from using and enjoying the Site;
- constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
- solicit personal information of/from others;
- contain a virus or other harmful component;
- contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements;
- contain false or misleading indications of origin or statements of fact;
- include information you are not authorized to disclose (including trade secrets or inside information about a company);
- infringe any third-party rights, including rights under copyright, patent, trade mark or trade secret, or any rights of privacy or publicity;
- impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or
- Company, in its sole direction, otherwise determines to be offensive.
Company reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.
Monitoring; Copyright Complaints.
You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. If notified, Company may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed. However, Company is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
Shopping is easy, convenient and secure. Simply select the Product you want to purchase, the quantity, and click either “SUBSCRIBE” or "TRY ME". When you’ve completed shopping, click the “Shopping Cart” button and follow the instructions to checkout and complete your order. Please note that you may change the contents or edit the quantities of items in your shopping cart until you click “PAY NOW”, after which your order will be processed. After submitting your order, you will receive an email confirmation with confirmation number. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance.
You may track your order by using the tracking number included in the follow up email.
Products offered are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, Company is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for Products are quoted in USD. Company may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through the Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Site. If (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by Company to deliver the Product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Site to enter into an improper transaction, Company reserves the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of Company’s obligations hereunder.
Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless: (x) you notify Company within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and (y) that you have made reasonable, good faith efforts to resolve such dispute with Company directly, and such efforts have failed. You can e-mail details regarding your dispute to firstname.lastname@example.org.
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at email@example.com using your order number.
We are not able to offer refunds currently.
Your right to cancel does not affect your rights as a consumer in relation to any defective or incorrect Products you may receive. If you receive a defective Product or incorrect Product, please contact us immediately at firstname.lastname@example.org with your order number and a description of the problem.
Risk of Loss.
Risk in the Products passes to you upon your receipt (or receipt by someone identified by you) of the Products and, as between you and us, you will be responsible for any loss of, or damage to, the Products from this point onwards.
Third Party Sites.
Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content or products available from such external sites.
Disclaimer of Warranty; Limitation of Liability.
If you are a consumer resident in the United Kingdom, the limitations and exclusions of liability set out in this section do not apply to our liability to you for:
liability for death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of your legal rights as a consumer in relation to the Products; or
defective products under the Consumer Protection Act 1987.
The Site and all information, content, materials, Products and services included on or otherwise made available to you through the Site are provided by Company on an “as is” and “as available” basis, unless otherwise specified in writing. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, Products or services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk.
To the full extent permissible by applicable law, Company disclaims all warranties, express or implied. Company does not warrant that the Site; information, content, materials, Products or services included on or otherwise made available to you through the Site; the servers; or electronic communications sent from Company are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of the Site or from any information, content, materials, Products or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, lost profits, lost data, and consequential damages, regardless of the foreseeability of those damages. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Exclusions and Limitations.
Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.
You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of this Site, content you transmit to us, your violation of any rights of another, or your breach of these Terms and Conditions, except to the extent arising from Company’s negligent act or omission. Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.
Governing Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to its conflict of laws provisions. You hereby submit to the jurisdiction of any state or federal court sitting in the State and County of New York, in any action or proceeding arising out of or relating to this Agreement and not subject to arbitration, and you further hereby agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You hereby waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought and further waive any bond, surety, or other security that might be required of any party with respect thereto.
The Site is operated by Company from its offices in the United States.
If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by email at email@example.com.