Terms of service

Takasa General Terms & Conditions

Effective date: November 4th, 2022

1. Introduction

1.1. Welcome to the website of Takasa Lifestyle Company Inc., a British Columbia corporation (“Takasa,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference, including, without limitation, our Privacy Policy accessible at www.takasa.ca/privacy (“Privacy Policy”) including any limited product warranties which may be applicable from time to time (“Limited Product Warranties”) (collectively, these “Terms of Use”), govern your (“you” or “User”) access to and use of the website located at www.takasa.ca, www.takasa.co, and www.takasa.co.uk including any content, functionality, services offered on or through the website located at www.takasa.ca, www.takasa.co, and www.takasa.co.uk (the “Website”). These Terms of Use also govern your purchase of any goods or services offered on or through the Website (“Products”).

2. Acceptance of the Terms of Use


2.1. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR MAKING ANY PURCHASE OF PRODUCTS ON OR THROUGH THE WEBSITE. BY USING THE WEBSITE, MAKING ANY PURCHASE OF PRODUCTS ON OR THROUGH THE WEBSITE, REGISTERING WITH OR CREATING AN ACCOUNT FOR THE WEBSITE, OR CLICKING “ACCEPT” OR CHECKING THE APPLICABLE BOX FOR MANIFESTING ACCEPTANCE OF THESE TERMS OR USE, YOU ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY, THESE TERMS OF USE,  OUR PRIVACY POLICY,  AND PRODUCT WARRANTIES , WHICH ARE INCORPORATED HEREIN BY REFERENCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY, OR THE TERMS OF SALE, YOU MUST NOT ACCESS OR USE THE WEBSITE, PURCHASE ANY PRODUCT ON OR THROUGH THE WEBSITE, AND/OR REGISTER FOR AN ACCOUNT ON THE WEBSITE.

2.2. This Website is offered and available to users who are 13 years of age or older. By using this Website, purchasing Products on or through the Website, or registering for an account on the Website, you represent and warrant that you are of legal age to and have the requisite capacity and authority to form a binding contract with Takasa. If you do not meet these requirements, you must not access or use the Website, purchase any Products offered on or through the Website, or register for an account on the Website.

2.3. If you are using or accessing our Website on behalf of an entity, then you represent and warrant that you: (i) are an authorized representative or agent of that entity with the authority to bind such entity to these Terms of Use; and (ii) agree to these Terms of Use on behalf of such entity. In such a circumstance, the words “you” and “your” as used in these Terms of Use will refer to and apply to both that entity and you personally.

3. Changes to the Terms of Use


3.1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, including, without limitation, the purchase of Products on or through the Website.

3.2. Your continued use of the Website or purchase of any Products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or purchase Products so you are aware of any changes, as they are binding on you.

4. Accessing the Website and Account Security


4.1. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

4.2. You are responsible for:

(a) Making all arrangements necessary for you to have access to the Website.

(b) Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

4.3. Accounts.

(a) To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(b) If you choose, or are provided with, 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 Website 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. 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.

(c) We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

5. Intellectual Property Rights 


5.1. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, “look and feel”, and the design, selection and arrangement thereof), are owned by Takasa, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 

5.2. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
(d) If we provide social media features with certain content, you may take such actions as are enabled by such features.

5.3. You must not:

(a) Modify copies of any materials from this site.
(b) Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. 

5.4. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Without limiting the generality of the foregoing, you may not use the Website for benchmarking or purposes competitive with Takasa.

5.5. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Takasa. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. 

6. Trademarks


6.1. Takasa, the associated logo and all related names, logos, product and service names, designs and slogans are trademarks of Takasa or its affiliates or licensors. You must not use such marks without the prior written permission of Takasa. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. 

7. Prohibited Uses


7.1. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

(a)    In any way that violates any applicable federal, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries). 
(b)    For purposes other than your personal, non-commercial use.
(c)     For purposes of benchmarking the Website or Products or any other purpose competitive with Takasa or its Products. 
(d)    For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. 
(e)    To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
(f)      To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
(g)    To impersonate or attempt to impersonate Takasa, a Takasa employee, another user or any other person or entity (including, without limitation, by using e-mail addresses, screen names, and/or social media handles or similar names associated with any of the foregoing).
(h)    To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm Takasa or users of the Website or expose them to liability. 

7.2. Additionally, you agree not to:

(a)    Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
(b)    Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
(c)     Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
(d)    Use any device, software or routine that interferes with the proper working of the Website.
(e)    Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
(f)      Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
(g)    Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
(h)    Otherwise attempt to interfere with the proper working of the Website.

8. User Contributions 


8.1. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or through any social media accounts associated with you  or Takasa, including, without limitation, our Facebook, Twitter, Pinterest, Instagram, and YouTube pages and accounts (“Social Media Accounts”) .

8.2. All User Contributions must comply with the Content Standards set out in these Terms of Use.

8.3. Any User Contribution you post to either the Website or Social Media Accounts will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through the Social Media Accounts, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. 

8.4. You represent and warrant that:

(a)    You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
(b)    All of your User Contributions do and will comply with these Terms of Use.

8.5. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Takasa, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

8.6. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Social Media Accounts.

9. Monitoring and Enforcement; Termination


9.1. We have the right, but not the obligations, to:

(a)    Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
(b)    Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, the Social Media Accounts, or the public or could create liability for or diminish the reputation of Takasa. 
(c)     Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(d)    Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Social Media Accounts.
(e)    Terminate or suspend your access to all or part of the Website or Social Media Accounts for any or no reason, including without limitation, any violation of these Terms of Use.

9.2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Social Media Accounts. YOU WAIVE AND HOLD HARMLESS TAKASA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9.3. However, we cannot review all material before it is posted on the Website or the Social Media Accounts, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards


10.1. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

(a)    Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
(b)    Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(c)     Be accurate and truthful at the time of posting and not made with the purpose of intentionally harming Takasa, the Website, Products, or any other user.
(d)    Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
(e)    Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
(f)      Be likely to deceive any person.
(g)    Promote any illegal activity, or advocate, promote or assist any unlawful act.
(h)    Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
(i)      Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
(j)      Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
(k)    Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 


11.    Copyright Infringement


11.1.      As copyright holders ourselves, we respect copyright holders’ rights and will quickly respond to any claims of copyright infringement reported on the Website. If you find anything on the Website that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement to us at hello@takasa.co.

11.2.      Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and lawyers' fees).

11.3.      It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

12.    Reliance on Information Posted


12.1.      The information presented on or through the Website is made available solely for personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

12.2.      This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Takasa, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Takasa. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13.    Changes to the Website


13.1.      We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

14.    Information About You and Your Visits to the Website


14.1.      All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

15.    Online Purchases and Other Terms and Conditions


15.1.      This Section 15 applies to all purchases through this Website or other transactions for the sale of goods (“Products”), formed through the Website or as a result of visits made by you.

15.2.      Limitation on Sales. Without limiting the applicability of 15.3, the following limitations apply to sales of Products on Website:

(a)    You may only purchase Products for your personal, residential use, Products made available for purchase on or through the Website are not for commercial or industrial use, including, without limitation, purchases of Products for business, hotel, institutional or other similar uses or purposes.

15.3.      Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Use, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell Products. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the Products you have ordered. Acceptance of your order and the formation of the contract of sale between Takasa and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email or before we ship your order.

15.4.      Prices and Payment Terms.

(a)    Prices. The price for Products available for purchase through the Website will be displayed to you on the Website. The prices displayed do not include taxes or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Subject to section  15.5(g) below, any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b)    Payments. Takasa is not a bank, credit union, payment processor, or other financial institution. As such, the Website currently uses third-parties to process payments for transactions consummated through this Website such as Shopify (“Payment Processors”). By utilizing the Website to purchase Products you authorize a Payment Processor to charge your credit card or other payment method. Our third-party Payment Processors accept payments through various credit cards, which may include Visa, MasterCard, American Express and Discover, as well as Apple Pay, Samsung Pay and Google Pay, as detailed on the applicable payment screen. Transactions processed via the Website may also be subject to the terms and conditions of the applicable Payment Processor. Financing, should it become available, will be subject will be subject to additional terms and conditions. You represent and warrant that (i) the credit card information you supply to such third party payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. Takasa is not responsible for any errors by the Payment Processor.

15.5. Shipments; Delivery; Title and Risk of Loss; In-Home Set Up

(a)    We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. Your orders will be subject to the shipping and handling terms and conditions contained in this Terms of Service.
(b)    Orders are processed within 1 to 3 business days. Orders placed after 2:00 pm, PST, or on weekends will be considered to be placed the next business day.  We do not ship on weekends or statutory holidays in British Columbia, Canada.
(c)    Our shipping rates are:
i) Orders under $250.00, before taxes and after any discounts applied, and shipped to Canada or the United States within 2 to 14 business days: $15.00 plus applicable taxes.
ii) Orders over $250.00, before taxes and after any discounts applied, and shipped to Canada or the United States within 2 to 14 business days: $0.00.
iii) Orders under $500.00, before taxes and after any discounts applied, and shipped to the United Kingdom within 14 to 21 business day: $50.00 plus applicable taxes.
iv) Orders over $500.00, before taxes and after any discounts applied, and shipped to the United Kingdom within 14 to 21 business day: $0.00.
(d)    Additional shipping options and prices will be presented at checkout as the above shipping information sets out our basic shipping rates only.
(e)    Each shipment will constitute a separate sale, and you shall pay for the products shipped whether such shipment is in whole or partial fulfilment of your order.
(f)      Title and risk of loss pass to you upon delivery of the Products (by us or our manufacturer) to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments.
(g)    Products shipped to customers may be subject to applicable duties, import fees, taxes or brokerage fees payable on or before delivery to you the customer. For more information about import policies please contact us at hello@takasa.co or check with your customs department where you reside.
(h)    You will receive an email with tracking information when we ship your items. Please allow 24 hours for the information to be updated in the shipping carrier’s system.

15.6.      Returns and Refunds.

(a)    To return Products, please email us at hello@takasa.co to initiate a return.
(b)    Subject to the terms of this Section 15.6 and notwithstanding any returns made under any applicable Product Warranties, as long as such Product was not designated as non-returnable at the time of your purchase, we will accept a return of Products for a refund if it is delivered to the applicable third party carrier within 60 nights from the date of delivery to you and:
i) shipping costs for Products returned from Canada and the USA will be free; and
ii) shipping costs for Products returned from the United Kingdom will be payable by you.
(c) Refunds are processed within a reasonable time after our receipt of your Products. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

16.    Limited Product Warranties.


16.1.      Each Product that is purchased directly from Takasa may be covered by Limited Product Warranties; which if in effect, are incorporated by reference into these Terms of Use. To the extent there is a conflict between the terms of any Limited Product Warranty which may be in effect from time to time and these Terms of Use, the terms of the applicable Limited Product Warranty shall govern.

17.    Linking to the Website and Social Media Features


17.1.      You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

17.2.      As provided in Section 7, we make this Website available to you only for your personal, non-commercial purposes. Without limiting the generality of the foregoing, you may not use or access the Website or purchase Products from it for the purpose of commercial reviews of such Products or inaccurate or untruthful reviews about Takasa, the Website, or the Products.

17.3.      This Website may provide certain social media features that enable you to: 

(a)    Link from your own or certain third-party websites to certain content on this Website.
(b)    Send e-mails or other communications with certain content, or links to certain content, on this Website.
(c)     Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

17.4.      You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

(a)    Establish a link from any website that is not owned by you.
(b)    Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
(c)     Link to any part of the Website other than the homepage.
(d)    Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

17.5.      The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

17.6.      You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

17.7.      We may disable all or any social media features and any links at any time without notice in our discretion.

18.    Links from the Website


18.1.      If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

19.    Geographic Restrictions


The owner of the Website is based in the province of British Columbia in the Canada. We provide this Website for use only by persons located in the United States, Canada and the United Kingdom. We make no claims that the Website or any of its content is accessible or appropriate outside of British Columbia, Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws.

20.    Disclaimer of Warranties


20.1.      You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

20.2.      EXCEPT FOR THE PRODUCT WARRANTIES, YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TAKASA NOR ANY PERSON ASSOCIATED WITH TAKASA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER TAKASA NOR ANYONE ASSOCIATED WITH TAKASA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

20.3.      EXCEPT FOR THE PRODUCT WARRANTIES, TAKASA HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

20.4.      THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21.    Limitation on Liability


21.1.      IN NO EVENT WILL TAKASA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

21.2.      THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TAKASA’S LIABILITY TO YOU SHALL BE LIMITED STRICTLY TO THE DOLLAR AMOUNT PAID BY YOU TO US FOR PRODUCTS PURCHASED FROM OUR WEBSITE. 

22.    Indemnification


22.1.      You agree to defend, indemnify and hold harmless Takasa, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable Lawyers' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

23.    Governing Law


All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Province of British Columbia without giving effect to any choice or conflict of law provision or rule (whether of the Province  of British Columbia or any other jurisdiction).

24.    Dispute Resolution

24.1.      Any dispute, claim or controversy among the parties arising out of or relating to these Terms of Use, the Website, or the products and services you purchase on or through it (“Dispute”) shall be finally resolved by and through binding arbitration.

24.2.      If the courts in your province, state, or country will not permit you to consent to binding arbitration, then any legal suit, action, or proceeding arising out of or related to these Terms of Use, the Website, or products and services will be instituted exclusively in the courts of the Province of British Columbia, Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Otherwise, you agree that in the event of any dispute between you and Takasa arising out of or relating to these Terms of Use, this Website, this Website’s contents or materials, or the relationship between Takasa and you, that you and Takasa shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you and Takasa. If you and Takasa do not reach settlement within a period of 60 days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The number of arbitrators shall be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from the British Columbia International Commercial Arbitration Centre, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law or court order.

You may opt out of the above arbitration clause. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim or controversy between you and Takasa arising out of or relating to these Terms of Use, this website, this website’s content or materials, or the relationship between Takasa and you. To opt out, you must, within 30 days of accepting these Terms of Use, deliver to Takasa a clear written statement indicating that you wish to opt out of the arbitration provisions in these Terms of Use. The statement must contain: (a) your name; (b) your mailing address; (c) your telephone number; (d) your email address; and (e) your Account name (if any). The opt-out statement must be delivered to the following address:

Takasa Lifestyle Company Inc
3381 Cambie Street Suite 342
Vancouver BC V5Z 4R3 Canada

If you opt out of the arbitration clause in the manner provided above, then you irrevocably agree that the courts of British Columbia will have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or related to these Terms of Use, this Website, this Website’s content or materials, or the relationship between Takasa and you.

24.3.      You hereby agree to waive any right you may have to commence or participate in any class action against Takasa related to any claim and, where applicable, you also agree to opt out of any class proceedings against Takasa. Where applicable, if a dispute arises between us and you, you hereby waive any right you may have to participate in a trial by jury with respect to that dispute.

25.    General


25.1.      Force Majeure. No delay, failure, or default on Takasa’s part will constitute a breach of these Terms of Use to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, national emergency, revolution, epidemic, restraints or delays affecting carriers, inability or delay in obtaining supplies or suitable materials, or other causes beyond our reasonable control.

25.2.      Survival. All provisions of these Terms of Use which must survive termination to fulfill their purpose, will survive termination or expiration of these Terms of Use.

25.3.      Relationship. The relationship between Takasa and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of our Website.

25.4.      No Waiver. The failure of Takasa to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you.

25.5.      Headings. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

25.6.      Severability. If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

25.7.      Assignment. We may assign these Terms of Use in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms of Use are personal to you and you may not assign these Terms of Use nor your rights, interests, or obligations under these Terms of Use to any person without our express written consent.

25.8.      Entire Agreement. This Agreement, together with our Privacy Policy, Sales Terms, Additional Terms (if any), and any other agreement incorporated by reference, constitutes the sole and entire agreement between you and Takasa regarding the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

25.9.      Language. The parties acknowledge that they have required that the Terms of Use and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais.

25.10.  Enurement. These Terms of Use will enure to the benefit of and be binding upon the parties to these Terms of Use and their respective successors, heirs, and permitted assigns.

25.11.  Equitable Relief. You hereby acknowledge and agree that any breach by you of these Terms of Use would result in harm to Takasa, and that Takasa could not be adequately compensated for such harm by monetary award. Accordingly, you hereby agree that in the event of any such breach, in addition to all other remedies available to Takasa at law or equity, Takasa will be entitled as a matter of right, and without posting bond or proving damages, to, notwithstanding Section 24, apply to any court of competent jurisdiction for such equitable relief by way of restraining order, injunction, decree or otherwise as may be appropriate to ensure compliance by you with these Terms of Use.

25.12.  Consumer Rights. Nothing in these Terms of Use affects consumer rights that, pursuant to applicable law, cannot be limited or waived.

25.13.  Electronic Communications. When you visit the Website, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

26.    Your Comments and Concerns


26.1.      This website is operated by Takasa Lifestyle Company Inc, a British Columbia corporation located at 3381 Cambie Street Suite 342, Vancouver BC V5Z 4R3, Canada

26.2.      All notices of copyright infringement claims should be sent to the copyright agent designated in Section 11 in the manner and by the means set forth therein.

26.3.      All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hello@takasa.co