Last Updated: November 21, 2022

1. Welcome to the Z and Joxa Company Inc. website. Please review the terms and conditions of use carefully, as they govern your use of both zjoxa.com and zjoxa.ca (the "Site").

2. The following terms of service are an agreement between Z and Joxa Company Inc. and you (the “Agreement”).

3. Your use of the Site includes, accessing, browsing, shopping on, or registering to use our Site. Please read the terms of this Agreement before you use our Site. By using our Site, you confirm that you accept the terms of the Agreement and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.

Changes to these Terms of Use

4. We may revise the Terms of this Agreement at any time by amending this page. Every time you wish to use our Site please check these terms to ensure you understand the terms that apply at that time.

5. You can tell when this Agreement was last modified by checking the "last updated" date that appears at the top of the Agreement.

Access to and Right to Change the Site

6. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We reserve the right, at any time in our sole discretion, to:

(a) modify, suspend or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice;

(b) charge fees in connection with the use of the Site;

(c) modify and waive any fees charged in connection with the Site; and

(d) offer opportunities to some or all users of the Site.

7. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any service, content, feature, or product offered through the Site.

Intellectual Property

8. Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and the copyrights, trademarks, trade dress, and other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Z and Joxa Company Inc. or its affiliates.

9. The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on the Site for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Product Information

10. We have made every effort to display and provide as accurately as possible the colors, sizes, and availability of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate, that the product on our online shop is available, or that the sizes of the products are accurate. In addition, Z and Joxa Company Inc. reserves the right, without liability, to change, discontinue or stop carrying any product without notice.

Errors, Inaccuracies, and Omissions

11. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Terms of Sale

12. All product sales from the Site is governed by our Return Policy, Shipping Terms, and any other terms of sale specific to the purchase (collectively, the “Terms of Sale”). By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, which are subject to change without notice at Z and Joxa Company Inc.’s discretion. All sizes and weights quoted are approximate. All prices listed are in American dollars and all charges will be processed in American dollars. You agree to pay all charges payable for your order.

13. We will use commercially reasonable efforts to deliver items as quickly as possible. All products will be shipped and delivered to you by a third party and will be governed by the third party’s shipping contracts and policies. Therefore, we will not be responsible nor held liable for delivery delays beyond our control or damage to the product that occurred during transportation.

14. 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 we make a change to or cancel an order, we will attempt to notify you by the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You also agree to not violate any rights of third parties including committing credit card fraud or identity theft. You further agree to make purchases using funds that you are authorized to use. 

User Comments, Feedback, and Other Submissions

15. Z and Joxa Company Inc. is pleased to hear from users and welcome your comments regarding our products and services. However, Z and Joxa Company Inc. will not accept or consider creative ideas, suggestions, proposals, plans, or other materials for our business or products other than those we have specifically requested. If you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Z and Joxa Company Inc. and its affiliates may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Z and Joxa Company Inc. Z and Joxa Company Inc. and its affiliates will not be under any obligation to:

(a) to maintain any Comments in confidence;

(b) to pay compensation for any Comments; or

(c) to respond to any Comments. Z and Joxa Company Inc. has the right but not the obligation to monitor and edit or remove any Comments.

16. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain defamatory 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 Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Z and Joxa Company Inc., its affiliates, or other third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Z and Joxa Company Inc. and its affiliates take no responsibility and assume no liability for any Comments posted by you or any third party.

Personal Information Submitted Through the Site

17. Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Passwords

18. You are solely responsible for maintaining the confidentiality of your password and user account information. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

Tax Policy  

19. Tax charges are based on applicable sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges. All prices are quoted and products are sold by us on a delivery duty unpaid basis. You may have to pay a customs fee or import duty before the product can be delivered to you. Further taxes, fees, or levies may also be payable depending on the local laws of the jurisdiction of delivery. We cannot take any responsibility for this and it is your duty to check any additional costs of international delivery to your preferred jurisdiction before placing an order with us.

20. If you return an item for a refund or for store credit, you will also receive a refund or store credit for the sales taxes you paid for that item. You will not receive a refund or store credit for the sales taxes you paid on the shipping and handling of that item, as the shipping and handling charges are non-refundable once an item has been shipped. If you have questions about the sales taxes on your invoice, please contact us at laverne@zjoxa.com.

Promotions

21. In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall apply. A link to any current promotions and associated terms and conditions and/or rules can be found here: Current Promotions. 

Links to Third-Party Websites and Services

22. The Site may contain links to other websites that are not under the control of Z and Joxa Company Inc. Z and Joxa Company Inc. do not have any responsibility for the linked website. Further, linking does not constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Site's users.

Disclaimer

23. The content of the Site is provided "as is" without warranties or conditions of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

24. Z and Joxa Company Inc. does not warrant that the Site or any function contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful components.

25. The Site includes the use of third-party applications to operate and manage the Site. Z and Joxa Company Inc. does not warrant and shall not be held liable for any interruption, error, or defect that is related to these third-party applications. 

26. Z and Joxa Company Inc. expressly disclaim any duty to update or revise the content of the Site, although we may modify the content at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Z and Joxa Company Inc. shall not be liable for any damages of any kind related to your use of the Site. 

27. Z and Joxa Company Inc. does not represent or warrant that the Site, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules, and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and at our sole discretion.

Limitation of liability

28. You expressly understand and agree that Z and Joxa Company Inc. shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:

(a) the use or the inability to use the Site;

(b) the use of any content or other material on the Site or any website or website linked to the site,

(c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site;

(d) any defects in products that are not caused by and are out of the direct control of Z and Joxa Company Inc.;

(e) any security or privacy breaches not resulting from any act or omission by Z and Joxa Company Inc.;

(f) unauthorized access to or alteration of your transmissions or data;

(g) statements or conduct of any third party on the Site; or

(h) any other matter relating to the Site.

29. In no event shall our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, in connection with your use of the Site or any products you purchase. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is the discontinuation of your use of the Site.

Indemnification

30. You agree to defend, indemnify and hold Z and Joxa Company Inc. and their respective officers, directors, employees, shareholders, agents, and representatives harmless from and against any and all claims, damages, costs, and expenses, including legal fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, condition or other provision of the Agreement. 

Dispute Resolution

31. You and Z and Joxa Company Inc. agree to the following dispute resolution procedure: Except as expressly set out below, and unless applicable laws require otherwise, all disputes, controversies, and claims arising under, out of, in connection with, or in relation to this Agreement, or any related matter (each, a “Dispute”) will be resolved by binding arbitration governed by and subject to the simplified arbitration procedures set out by the ADR Institute of Canada’s ADRIC Arbitration Rules.

32. Before you can commence any proceeding as to a Dispute, the parties will work towards a mutual resolution. Therefore, if you have a Dispute email us at laverne@zjoxa.com with the following information:

(a) Your first and last name;

(b) Your address; and

(c) A description of your claim in the Dispute.

33. If the Dispute is not resolved between the parties OR between you and Z and Joxa Company Inc. within 30 business days, you may pursue the Dispute in arbitration by providing us with a written notice that you intend to resolve the dispute by arbitration. Arbitration will take place in Calgary, Alberta, Canada, and will be conducted in the English language. The individual that provides notification of their desire to resolve the dispute by arbitration is responsible to send the ADRIC Institute the Notice of Request to Arbitrate or the Notice of Submission to Arbitration, as detailed in the ADRIC Arbitration Rules. The cost of any arbitrator will be at the sole responsibility of the individual who provided notice of their desire to resolve the dispute by arbitration.

34. Individuals who are not a party to the Dispute will not receive relief. The award will be final and binding, except for any right of appeal provided by the ADRIC Arbitration Rules, and may be entered in any court having jurisdiction over the individual for purposes of enforcement.

35. Unless applicable laws require otherwise, you have twelve (12) months after the date the Dispute between you and Z and Joxa Company Inc. arose to commence arbitration proceedings. After twelve (12) months, any and all proceedings by you regarding the Dispute will not be permitted and Z and Joxa Company Inc. shall be entitled to rely on this Agreement as evidence of the agreed-upon limitation period.

36. Notwithstanding the foregoing, Z and Joxa Company Inc. may commence legal proceedings against you in the courts of any jurisdiction for the purpose of seeking injunctive relief or other legal remedies.

37. Notice shall be sent

(a) to Z and Joxa Company Inc. at 492, 918 16th Avenue NW, Calgary, Alberta Canada T2M 0K3; or

(b) to you at your last-used billing address or the billing and/or shipping address in your online profile.

38. To the maximum extent permitted by law, both you and Z and Joxa Company Inc. agree that compliance with this dispute resolution procedure, including referring the Dispute to arbitration, is a condition precedent that must be satisfied prior to initiating any litigation or filing any claim against the other party.

39. To the maximum extent permitted by law, both you and Z and Joxa Company Inc. agree that compliance with this dispute resolution procedure, including referring the Dispute to arbitration, is a condition precedent that must be satisfied prior to initiating any litigation or filing any claim against the other party.

Applicable Law

37. This Agreement shall be construed exclusively in accordance with the laws of Alberta and Canada, as applicable therein, without regard to any conflict of law provisions.

General

38. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Z and Joxa Company Inc.'s right to require strict observance of each of the terms herein.

39. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

40. This Agreement constitutes the entire agreement between us relating to your use of the Site.

41. Z and Joxa Company Inc. may assign its rights and obligations under the Agreement. The Agreement will enure to the benefit of Z and Joxa Company Inc.’s successors, assigns, and licensees.

Term and Termination

42. This Agreement will commence on the date you access the Site and continues until terminated in accordance with the provisions of this Agreement. You may cease using the Site at any time. Z and Joxa Company Inc. may cease providing you access to the Site at any time without notice. Z and Joxa Company Inc. may terminate this Agreement immediately, and at any time, if you violate your obligations under this Agreement. Upon the termination of this Agreement for any reason:

(a) Z and Joxa Company Inc. will no longer provide and you will no longer use the Site; and

(b) Z and Joxa Company Inc. will be entitled to retain and use your Personal Information in accordance with the terms of this Agreement, Z and Joxa Company Inc.’s Privacy Policy, and applicable laws.

43. Notwithstanding any termination of this Agreement the rights and limitations specified under sections 8,9,16, and 17 shall survive for the benefit of the parties.

Choice of Language

44. The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only.

Mobile Terms of Service

The Z & Joxa Co. mobile message service (the "Service") is operated by Z & Joxa Company Inc. (“Z & Joxa Co.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Z & Joxa Co. SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Z & Joxa Co. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Z & Joxa Co. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to +18339535413 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Z & Joxa Co. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18339535413 or email laverne@zjoxa.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.