Terms & Conditions

NOTE: Before using this Website, please read these Website Terms and Conditions carefully as they contain important information regarding the limitations of our liability and other matters. 

Terms and Conditions of Use

1. Introduction

This website is operated by ReCreation Marketing ( "we", "our" or "us"). The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. We may amend any aspect of these Terms from time to time. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

2. Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

3. General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website. We do not guarantee that the Website will be secure or free from bugs or viruses.

4. Products or Services

All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, the prices displayed on our website are quoted in Canadian dollars.

We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

5. Links to Third-Party Websites

Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

6. Our Content

All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this Website (“Content”) are owned by us or used with permission. Content may not be otherwise copied, displayed, distributed, licensed, modified, published, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for commercial purposes without the express written consent of ReCreation Marketing.

7. Your Personal Information

Any personal information that you provide to us through our Website will only be used in accordance with these Terms and our Privacy Policy. Please ensure that you have read our Privacy Policy to learn about how we collect, use, and share your personal information before proceeding. By providing your personal information to us you are consenting to its use in accordance with these Terms and our Privacy Policy.

8. Errors and Omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

9. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to the information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

10. Product Warranty

All warranty claims are handled direct with product manufacturer where applicable. See individual product warranty details at product manufactures website

11. Indemnification

You agree to defend and indemnify us, and hold us and our affiliates, their respective directors, officers, agents, contractors, and employees harmless against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

12. Notifications

By agreeing to subscribe for any of our our newsletters and publications and providing your email address to (insert appropriate entity name) therefore, you will receive electronic communications regarding our product. Individuals can, at any time, unsubscribe from receiving commercial electronic notifications by clicking the unsubscribe mechanism contained in each notification. Users who unsubscribe from receiving commercial electronic notifications may continue to receive certain transactional electronic messages.

13. Payment

Credit Card only.

14. Payment Terms

Unless otherwise agreed, payment in full at checkout is required.

15. Intended Audience and Use of the Website

The Website is for the exclusive use of retailers and their employees who have reached legal age in their jurisdiction of residence to purchase our products including, vaping products and accessories. You represent and warrant that the identity and age information as well as your tax numbers and other information provided are true and correct and that you are not impersonating someone. You further understand and agree that we may verify the information you provide. You may use the Website only for the purposes expressly permitted by the Website, namely to register and become a retailer to have access to: (i) product information; (ii) electronic communications as set out in the Notification section below; and (iii) to purchase products for resale.

Purchase of products for personal use is strictly prohibited. The use of the Website by persons who are not of legal age to purchase our products including vaping products and accessories in their jurisdiction of residence is strictly forbidden.

It is a strict condition of your use of the Website that all the information you provide for any reason be correct, current and complete. If we have any reason to believe that the information that you provided is not correct, current or complete, or that you are not of legal age to purchase our products including, vaping products and accessories we reserves the right to refuse to grant you access to the Website and to suspend or close your account at any time.

If you do not agree to the Terms, you must not use the Website.

By providing your email address to us and registering for a retail account, you will receive electronic communications regarding this website and news, offers and information about products, services, products, and research opportunities that may be of interest. Individuals registered on the Website can, at any time, unsubscribe from receiving commercial electronic notifications, or manage their notifications by clicking the unsubscribe mechanism contained in each notification or by logging into the Website and editing their notification settings. Users who unsubscribe from receiving commercial electronic notifications may continue to receive certain transactional and/or account-related electronic messages. Users can also close their account at any time by contacting us at [email protected]

17. Entire Agreement

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

18. Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing. 

19. Headings

Any headings and titles herein are for convenience only.

20. Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

21. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

22. Questions or Concerns

Please send all questions, comments and feedback to us at [email protected]

Last Updated: November 15, 2019