These Terms of Use and Sale (the “Terms”) govern your use of the websites owned and operated by the Kiku Wellness Inc. (“Kiku”), including but not limited to www.kikuwellness.com(a “Website”), including all adjunct web pages, and any order or purchase of the individual using the Websites, (“you”). By proceeding to place an order and accepting these Terms, you agree to be bound by these Terms whether or not you have read them. If you do not agree to these Terms, do not use the Websites or proceed with your order. Please print and retain a copy of these Terms for your records.

PLEASE READ THESE TERMS CAREFULLY

Kiku provides you access and use of the Websites subject to your compliance with these Terms. By accessing and using the Websites, you agree that you have read, understood and accepted these Terms and agree to be bound by them. If you do not agree to be bound by these Terms and applicable law each time you use the Websites or you do not have the authority to agree to or accept these terms, you may not use the Websites.

1.1. Copyright and Trademark Notices

You may not modify, copy, distribute, transmit, display, perform, produce, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, images, media, information, software, products or services obtained from the Websites. You shall use your best efforts to stop any such copying or distribution immediately after such use becomes known to you and you must promptly notify Kiku thereof.

All Website design, text, graphics, interfaces and selection arrangements thereof are copyrighted by Kiku. All rights reserved. Permission is granted to electronically copy and to print hard copy portions of the Websites, including these Terms, for the sole purpose of personal and non-commercial future reference. Any other use of materials on the Websites, including production or reproduction for purposes other than those stated above, modification, distribution, or republication, without the prior written consent by Kiku is strictly prohibited. You agree that Kiku and suppliers retain all proprietary right, title and interest including copyright, in the materials, including but not limited to text, images, graphics and other multimedia data on the Websites.

1.2. Use of Website

As a condition of your use of the Websites, you warrant to Kiku that you will not use the Websites for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Websites in any manner which could damage, disable, overburden or impair Kiku or the Websites or interfere with any other party’s use and/or enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

1.3. Services

Certain aspects of Kiku’s online services may be provided by a third party under separate agreement with Kiku. You agree that Kiku may disclose or allow this third-party access to your personal information to the extent required for providing such services. Kiku will ensure that any such third party has policies in place to protect your personal information (including personal health information) from improper use and/or disclosure.

1.4. Registration, Personal Identification Numbers and Passwords

Certain services and related features, such as access to the Websites and personalization may require registration. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. During registration you will be asked to choose a unique login username and password. You agree to be responsible for:

maintaining the confidentiality of any personal login username or password identifiers which you choose or are assigned as a result of any registration over this Website;all activities that occur under such username or password identifiers; and,notifying Kiku of any unauthorized use of your personal username or password identifiers.

Customers are liable for all orders placed under their personal login username. Kiku shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with these responsibilities.

1.5. Use by Minors

This Website is designed for and intended for use by adults. If you are under the age of majority in the jurisdiction where you reside, you may use the Websites only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Websites by children, minors and others under your care or with access to computers and/or other electronic devices used to access the Websites. You agree to be responsible for their use of the Websites, whether or not such use is in conjunction with your personal account login

Additionally, you are fully responsible for:

the online conduct of an authorized minor;
controlling the authorized minor’s access to and use of the Websites and Services;
the consequences of any misuse of the Websites and any Services by the authorized minor; and
any purchases made by the authorized minor.

1.6. Cookies

The Websites use two types of “cookies”: a “session cookie” and a second which allows us to “set” a cookie. A session cookie resides in memory and persists only as long as the browser is open. This cookie holds only the information that is uniquely generated when you log on to a Website and persists only as long as your browser is open. Upon your departure from a Website and closure of your browser, the information in the session cookie is removed from memory. The Website will also set a temporary cookie to remember your first name so that your subsequent visits are personalized, but you will still be required to enter your username and password each visit in order to access your account. In order for certain Website features to function, you must enable the session cookies setting on your browser.

1.7. Google Analytics

Kiku uses re-marketing with Google Analytics to advertise online. Third-party vendors, including Google, may show Kiku advertisements on sites across the Internet. Kiku and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve advertisements based on someone’s past visits to the Websites. Kiku uses data from Google’s Interest-based advertising (such as age, gender, and interests) with Google Analytics to identify trends and to better serve the needs of Kiku’s business and customers. No information that identifies you as an individual is collected by Kiku through Google Analytics, and you will not be directly contacted by Kiku based on your visit to a Website without your prior consent. You can opt-out of Google Analytics for Display Advertising, customize Google Display Network advertisements and customize the information that Google tracks by visiting their currently available opt-outs for the web at: http://www.google.com/settings/ads.

1.8. Reliance

The information, software, products and services included in or available through the Websites may include inaccuracies or typographical errors. Changes are periodically incorporated to the information on the Websites. Kiku may make improvements and/or changes to the Websites at any time. You hereby acknowledge that any reliance upon any materials, information, and advice shall be at your sole risk. Kiku reserves the right in its sole discretion and without any obligation, to make changes to, improvements to, or correct any errors or admissions in any portion of the service, products, materials or information provided on the Websites. Advice received via the Websites should not be relied upon for any personal, nutritional, medical, business, technical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your specific situation.

1.9. Monitoring

You agree that Kiku has the right to monitor the Websites or any content, products or services available thereon from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Websites or any of the Services properly, and to protect itself or its users in accordance with the Kiku Privacy Policy.

1.10. Termination of Use

Kiku reserves the right in its sole discretion to terminate your access to any or all of Kiku’s Websites and the related services or any portion thereof at any time without any notice. Kiku may, at its absolute discretion, suspend or terminate the ability of any customer to purchase products or services through the Websites for any reason whatsoever.

1.11. Kiku’s Compliance with Applicable Laws

Kiku reserves the right to change, amend, alter, enhance or remove information provided to or gathered by Kiku, in order to abide by, or conform to, or comply with governmental, court and law enforcement requests or requirements relating to any aspect, including your use, of the Websites.

1.12. Disclaimers of Warranties

Product descriptions, representations, warranties, guarantees and performance claims are provided by Kiku vendors and are not independently verified by Kiku. The accuracy of such representations is the sole responsibility of the vendors. While the Websites attempt to be accurate in their product descriptions, Kiku does not represent or warrant that product descriptions or other content on the Websites is accurate, complete, reliable, current, or error-free.

Certain goods offered on the Websites may have warranties that apply to them if noted on the applicable product page of such Website. These warranties are provided by the manufacturer of these products and not by Kiku. To the maximum extent permitted by applicable laws, Kiku disclaims all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose and non-infringement), relating to the Websites or any content, information or goods accessed, offered, purchased or sold through the Websites or their use, suitability or availability or any transaction conducted on the Websites, whether arising from statute, course of dealing, usage of trade or otherwise. Kiku makes no representations or warranties and provides no representations or warranties in connection with the Websites or any content, information or goods accessed or offered through the Websites or their use.

Terms of Sale

2.1. Ordering Process

All advertisements on the Websites are invitations to purchase and are not offers to sell. Kiku reserves the right, at its sole discretion, to accept or reject an order before or after its submission.

You will receive online confirmation that your order has been received by Kiku after you submit your order on a Website. This online confirmation that your order has been received by Kiku does not constitute acceptance of your order. Rather, the confirmation of acceptance, rejection or cancellation of your order will be delivered via an automatic e-mail to the e-mail address associated with your account.

2.2. Rejection or Cancellation of Orders

There may be certain orders that Kiku must reject before acceptance or cancel after acceptance. Kiku reserves the right at any time after receipt of your order to accept or reject your order for any reason and Kiku will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Kiku rejects your order, Kiku will have no obligation to fulfill your order and you will have no obligation to pay Kiku for the order. Kiku also reserves the right, at its sole discretion, to cancel any order after acceptance for any reason. Some situations that may result in your order being rejected or cancelled include, without limitation:

Limitations on product quantities available for purchase;Inaccuracies or errors in published product or pricing information;A product recall on the item that you have ordered; orProblems identified by Kiku’s credit and fraud avoidance processes. Kiku may also require additional verifications or information from you before accepting any order. Kiku will contact you if all or any portion of your order is rejected after your order has been placed but before it is accepted by Kiku or if additional information is required to accept your order.

2.3. Availability and Limitation of Products

The purchase of products and services on the Websites is subject to availability. In the event that Kiku advises you that any products or services are no longer available, Kiku will have no obligation to provide such products or services and you will have no obligation to pay Kiku for such products or services.

2.4. Price

If Kiku changes its price between the time you place your order and when your item is available for pick-up or delivery, you will be charged the price in effect at the time your order is processed. Taxes will apply as of the date of pick-up or delivery.

If Kiku changes the price of a service between the time you make an appointment for such service and the time that the service is actually performed, you will be charged the price in effect at the time the service is performed.

Pricing on products and services may change at any time at the discretion of Kiku without prior notice to you.

By confirming your purchase at the end of the check-out process, you agree to pay Kiku the amount set out as the order total in the Confirm Order and Shipping Address section of the checkout process, subject to adjustment as described in these Terms (the “Purchase Price”). At the time of your order the order total will exclude items sold by weight, which amounts will be added to the order total when the order is completed. The order total is quoted in Canadian dollars and includes delivery fees (if applicable), and an estimate of all applicable taxes The Purchase Price will be charged by Kiku in Canadian dollars to your selected Card.

In the event that an item is listed at an incorrect price due to an error in pricing, Kiku will have the right, at Kiku’s sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Kiku may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

2.5. Quantity Limits and Dealer Sales

Kiku reserves the right, at its sole discretion, not to sell or to limit the quantity of items ordered per person, per household or per transaction. These restrictions may be applicable to orders placed by the same account, the same Card, and also to orders that use the same billing and/or shipping address. Kiku will provide notification to you should such limits be applied at the time of the order or upon delivery. Kiku also reserves the right, at its sole discretion, to prohibit orders by dealers or resellers. Unless otherwise agreed, customers may not order products online for resale. For purposes of these Terms, reselling is defined as purchasing or intending to purchase any product(s) from this Website for the purpose of engaging in a commercial sale of that same product(s) to a third party. Any funds remitted by you for a cancelled order will be fully refunded in the same form as paid.

2.6. Method of Payment

You may pay for your purchase using VISA, MasterCard cards (each a “Card”) and you authorize Kiku to charge the Purchase Price to the applicable Card. By making a purchase, or by storing Card credentials on the Kiku secure sites, you represent and warrant that you are the cardholder of the applicable Card or authorized by the cardholder to perform a transaction. Your Card will be charged after you initiate a transaction and upon Kiku finalizing your order prior to pick-up or delivery. If your Card is declined by your Card provider, the Kiku Customer Service team will contact you to discuss alternative payment arrangements and if delivery has already taken place, Kiku may periodically re-submit your Card details to your Card provider for full or partial payment until such time as the amount of your order is paid in full. Additional fees may be incurred if payment is declined and alternative payment arrangements are required. If your Card is rejected by the Card issuer and alternate payment arrangements are unsuccessful, your order will not be prepared for pick-up or delivery. Kiku will have no obligation to fulfill your order and you will be advised by email that your order will not be filled.

All billing and registration information provided by you to Kiku must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may give rise to legal recourse against you.

You are solely responsible for the unauthorized use of your Card and for unauthorized charges made on your Cards, although major bank credit cards may cover you for unauthorized charges and they may charge you a deductible. It is recommended that you check with the institution that issued your Card to find out exactly what your liability is.

Your Card information may be entered each time you make a purchase or you may choose to store your Card details for future transactions. If you choose to store your Card details for future transactions you hereby consent to Kiku collecting, retaining and using your Card details for your future transactions.

2.7. Pick-Up or Delivery

Your order can be picked up in store or delivered to an address specified by you. (For both pick-up and delivery) Card and identity verification by means of valid government issued picture identification will be required. If your order will be picked up by a third party, you must authorize us to release your purchase to the third party and such third party will be required to show valid government issued picture identification. Orders in excess of $300 must be picked up by, or delivered to, the holder of the Card. In the event that Card or identity verification is not possible, Kiku retains the right to cancel the order. Orders which are prepared and ready for pick-up that are not picked up may contain items that cannot be re-sold. Items that cannot be re-sold will not be credited to your Card.

2.8. Passwords

You are responsible for the security of your account and password. Kiku shall not be liable to you or any other person for any damages or expenses arising out of or relating to any unauthorized use of your account or password.

2.9. Privacy

Kiku’s personal information practices on the Websites, including the collection, use and/or disclosure of your personal information and/or financial information, are governed by Kiku’s Privacy Policy. Please review the privacy policy and print a copy for your records.

2.10. Changes to the Terms

The Terms applicable to your order are the Terms in effect on the date that you place your order, as made available to you when you complete the check-out process. Kiku may modify these Terms at its discretion from time to time in accordance with applicable laws. Any such modification will apply to any order placed after the effective date of the modification. Therefore, each time you place an order with Kiku you represent that you have accessed, read and accepted the Terms applicable to and governing that order.

2.11. Terms Applicable to Specific Products or Services

Certain products or services sold by Kiku are subject to environmental handling, recycling, or disposal fees. These fees vary by product and by province. The fees are collected and remitted by Kiku to environmental management programs implemented in various provinces, and are used to cover costs of recycling, collection, handling, transportation and disposal of products. For more information on individual programs, please visit the website of the environmental management program(s) or government agencies in your area.

General

3.1. Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Kiku, its partners, shareholders, employees, affiliates or suppliers be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages of any nature (including damages for personal injury, death, damage to property, loss of use, data or profits) to you including for damages arising in connection with or relating in any manner whatsoever to:

the use or performance of the Websites, with the delay or inability to use the Websites or related services, the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through this Website, or otherwise arising out of the use of any website, whether linked to this Website or not;any content, information, services, or goods accessed, offered, purchased or sold through the Websites or their use, suitability or availability (including the inability to use);any transaction conducted on the Websites; andany unauthorized access to or alteration of your data;

whether based on contract, tort, negligence, strict liability, or otherwise, even if Kiku or any of its affiliates or suppliers have been advised of the possibility of damages.

If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Kiku for damages of any nature suffered by you shall in no event exceed the Purchase Price of your transaction.

The above exclusion and limitation of liability shall apply whether or not a claim is in contract, tort (including negligence and product liability), strict liability, restitution, breach of statute or any other theory of law and even if Kiku had been advised or had reasons to know of the possibility of such damages.

In this paragraph 3.1, reference to “Kiku” means Kiku and its affiliates and their respective shareholders, officers, directors, employees, contractors and agents.

Certain jurisdictions do not allow the exclusions of damages as provided above. If these laws apply to you, some of the exclusions referred to above may not apply to you. This paragraph 3.1 shall apply to you to the maximum extent permitted by applicable laws.

3.2. Disclaimer of Liability

The information, services, transactions, products and materials contained in or made available through the Websites, including, without limitation, text, graphics and links, are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, Kiku disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, quantity, title, non-infringement, freedom from computer virus and implied warranties arising from a course of dealing or course of performance. In addition, Kiku does not represent or warrant that the information accessible via the Websites is accurate, complete and current. Price and availability information is subject to change without notice.

The Websites may obtain items, photographs, and ingredients from suppliers. This sometimes includes taking the information directly from the items. Kiku do not investigate to determine if the information in regards to any item is accurate, nor does Kiku provide assurance that all data entry was done without error. If manufacturers or suppliers change ingredients or nutritional information, Kiku cannot assure you that the information will be updated. Accordingly, the information displayed in the Websites is not guaranteed to be 100% accurate and the actual physical items should be considered the authoritative source.

You hereby agree that any use by you, of any information from the Websites is solely at your risk.

Kiku makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Websites, or web sites linking to the Websites. You agree that Kiku is not liable for any damages of any kind for any reason arising out of, or related to, the use of any other website as a result of following links or hyperlinks from, or through, the Websites.

3.3. Governing Law

The Websites originate in Canada. To the maximum extent permitted by law, these Terms are governed by the laws of the Province of British Columbia, Canada and you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of the Province of British Columbia in all disputes arising out of or relating to the use of, the Websites or transactions concluded hereunder. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists or is created between you and Kiku as a result of these Terms and/or use of, or transactions concluded through the Websites. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

3.4. Warranties

You expressly acknowledge that:

It is your responsibility to satisfy yourself that the products purchased are fit and suitable for the purposes for which they are required,It is your responsibility to use all requisite care and skill when handling and using the products and further for ensuring that the products are not put to any use for which they are not suitable,You do not rely on any representation or statement made by or on behalf of Kiku, or any other party, other than the express provisions of these Terms, and Kiku assumes no obligation or liability for any advice given through the Websites and you accept the products entirely at your own risk.All representations, terms, warranties, guarantees, or conditions whether express or implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions or merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded and expressly negated to the fullest extent permitted by law.

3.5. Force Majeure

Kiku shall not be liable to you or any other party claiming through you in respect of anything which, apart from this provision may constitute a breach of these terms and conditions arising by reasons of force majeure, namely, circumstances beyond the control of Kiku which prevents or limits Kiku from its obligations pursuant to these terms. Circumstances which constitute force majeure shall include (but are not limited to) acts of god, fire, flood, pandemic (including but not limited to circumstances arising due to the COVID-19 pandemic), earthquake, explosion, sabotage, accident, embargo, strikes or other labour disputes, riot, civil commotion, computer virus, breakdown of equipment, and failure of electrical supply or telecommunications links.

3.6. Indemnity

You shall indemnify and hold harmless Kiku, its affiliates and suppliers against any claim, damages, loss, liability or expense, including attorney’s fees, arising out of your use of the Websites, their content or the unauthorized use of your account(s) or password(s), in any way contrary to these Terms, or contrary to any applicable law. When paying by Card, you agree to indemnify Kiku against any default by your Card issuer to make payment to Kiku in full.

3.7. Other

These Terms together with the transactional information relating thereto and the Kiku Privacy Policy constitute the entire agreement between you and Kiku pertaining to your use of the Websites and the services and products sold online (the “Agreement”) and supersedes any prior agreements between you and Kiku. Failure of Kiku to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.If you are dissatisfied with any portion of the Websites or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website or Websites, as applicable.You may not assign these Terms to any third party without the prior written consent of Kiku. These Terms will be binding upon and will enure to the benefit of:you and any of your heirs, executors, administrators or other legal representatives; and Kiku, its general partners and their successors and assigns.It is the express wish of the parties that these Terms and all related documents be drawn up in English.

You may contact Kiku at:

Website: https://www.kikuwellness.com

Phone: (778) 798 -5458

Mailing Address: Kiku Wellness Inc.#505 – 805 West Broadway Vancouver, BC V5Z1K1

Last revised: February 2023

Terms & Conditions