Kicking Horse Coffee Co. LTD. (“Kicking Horse Coffee”)
Terms and Conditions
These Subscription Terms are entered into as of the date on which you place an order to enroll for a Subscription or agree to be bound by the Subscription Terms, whichever is earlier. The Subscription will remain in effect until the Subscription expires, is terminated by Kicking Horse at its sole discretion, or is otherwise cancelled in accordance with these Subscription Terms.
Please read these Terms carefully and keep a copy for your records and future reference. By placing an order for a Subscription, you represent that you have read and understood these Subscription Terms and agree to be bound by them. If you do not agree to these Subscription Terms, do not proceed with your Subscription.
You agree to receive, in electronic form, a copy of these Subscription Terms and any other required disclosures including, but not limited to, all disclosures provided to you at the time of your Subscription, and any other notices or information we may be required to send to you from time to time under applicable law. You agree to keep a copy of any electronic communications for your records and future reference. Any notices or other communications will be deemed to be delivered when emailed to your designated email address, as provided or updated by you from time to time.
The subscription program benefits discussed on the subscription details page and Frequently Asked Questions page are part of these Terms. Kicking Horse Coffee reserves the right to change the subscription benefits, including the discount amounts and the eligibility used to determine discount amounts, at any time in its sole discretion. All changes will apply to future orders, regardless of whether you have a current subscription. You are also able to adjust your subscription frequency within Your Account, or through your confirmation subscription email.
Subscription benefits are limited to products displaying the Subscription offer. Subscription is only available to customers shipping to addresses in Canada and the USA. To place an order to enrol in a Subscription, you must have reached the legal age of majority in the jurisdiction in which you reside, be capable of entering into a legally binding agreement, and have a valid and verifiable e-mail address and telephone number. By placing an order or enrolling in a Subscription, you represent and warrant that you are eligible to enter into these Subscription Terms.
You may enroll in a Subscription by filling in the order form on the Website after logging into or creating your personal account and clicking on the appropriate submission button after making a selection as explained below. You are responsible for the security of any information, including any password associated with your account and for any activity under your account in relation to the Subscription.
If any problems arise with your Kicking Horse Coffee account, the shipping address or payment method associated with your subscription order that we are unable to resolve, your subscription will be placed on hold and no additional orders will be processed or shipped until the problem has been resolved and the subscription has been reactivated. Subscriptions are good while supplies last or until the subscription discount on a particular product is cancelled. Subscriptions are void where prohibited.
Payment and Renewal
All fees and any related costs associated with your Subscription will be displayed for you at the time you place an order. You may pay for your Subscription using only the methods of payment displayed at the time of Subscription, which we may update from time to time. If payment for Subscriptions is made by credit card, the charge for each delivery under your Subscription will be billed to the credit card you provide when you create your Subscription or to any other credit card you provide to us from time to time (the “Card”).
By enrolling in a Subscription, you authorize Kicking Horse Coffee to charge the applicable Card for the price of the products included in your subscription order and you represent and warrant that you are the authorized cardholder or account holder for the applicable Card. If your Card is rejected by the card issuer or if the payment is declined or cannot otherwise be processed for any reason, Kicking Horse Coffee will inform you accordingly and Kicking Horse Coffee will have no obligation to deliver the Product.
You agree to provide your Card details when you enrol in a Subscription and to update that information if the Card expires or if any other Card information provided otherwise changes. You acknowledge that your Card will be charged, for each delivery of Product under the Subscription before the planned day of delivery of your Product. Automatic charges to your Card will continue until you suspend or cancel the Subscription in accordance with these Subscription Terms. You are responsible for providing and maintaining current, complete, and accurate billing and delivery information. You must update Your Account immediately with any changes to your billing or delivery information to avoid any interruptions to your Subscription.
Kicking Horse Coffee will use reasonable efforts to send you an email reminder prior to each delivery, in order to enable you to cancel the delivery or make Subscription changes through the Website before the products are shipped. Your subscription will remain in effect until it is cancelled. If you cancel your Subscription and then reactivate it, the discount applied to the subscription product may not be the same discount in effect at the time of cancellation. If the Subscription discount percentage for such Subscription product changes, the new discount will be applied to your future shipments of that product. Special limited time subscription promotions only apply during their effective dates.
Except for Changes made to these Subscription Terms that apply if you are a consumer residing in Ontario or Quebec, in which case the paragraph below applies, subject to applicable law, Kicking Horse Coffee reserves the right to make changes to these Subscription Terms at any time in its sole discretion by posting an updated version of these Subscription Terms on the Website or sending you notice of such changes to the email associated with your account. Such changes will be effective on the date indicated on the updated version of the Subscription Terms posted on the Website. By continuing with your Subscription after the effective date of the updated Subscription Terms, you will be deemed to agree to the updated Subscription Terms which will be enforceable against you.
For consumers residing in Ontario and Quebec only. Notwithstanding any other provision in these terms, Kicking Horse Coffee reserves the right to change or modify these Subscription Terms with respect to any provisions that apply to your Subscriptions (including, changing the Products or Subscription options offered, purchase requirements, methods or eligibility for subscription, delivery process, Kicking Horse Coffee’s responsibilities or obligations under the Subscription Terms, your responsibilities under the Subscription Terms, disclaimers and limitation of liability) (collectively, "Changes") on a monthly basis. If Kicking Horse makes Changes to the Subscription Terms in addition to posting the amended Subscription Terms on the Website, Kicking Horse will also provide you by email thirty (30) days' advance notice of such Changes in accordance with applicable law ("Notice"). Upon receiving the Notice, you may refuse the Changes and cancel these Subscription Terms by logging in to your account through the Website within the time specified in the Notice (and, if you are a consumer residing in Quebec, within thirty (30) days following the date of entry into force of the Change if the Change entails an increase in your obligation or a reduction of Kicking House Coffee’s obligations). If you do not notify Kicking Horse Coffee within that time, the Changes will take effect as indicated in the Notice. In that case, you will be deemed to agree to the Changes which will become part of these Subscription Terms and enforceable against you. If you cancel these Subscription Terms, your Subscription will be terminated.
Termination by Kicking Horse Coffee Co. Ltd.
Subject to any notice required by applicable law, we may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN ADDITION TO THE OTHER LIMITATIONS AND EXCLUSIONS CONTAINED IN KICKING HORSE COFFEE’S TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR SUBSCRIPTION. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY MADE BY YOU DURING THE COURSE OF YOUR SUBSCRIPTION. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION.
You may not assign or transfer your Subscription to any third party without Kicking Horse Coffee’s prior written authorization.
If any current or future provision of these Subscription Terms is found invalid, void, or for any reason unenforceable by a court of competent jurisdiction, that provision shall be severable and it shall not affect the validity and enforceability of any remaining provision of these Subscription Terms which shall continue in full force and effect.
These Subscription Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles, except if you are a consumer residing in Quebec, in which case these Subscription Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Last updated: February 6, 2023
You hereby acknowledge and confirm that: (i) a French version of these Terms and any ancillary documents was presented to you prior to or simultaneously with these Terms, and (ii) you have elected to execute and be bound by the English version of these Terms and ancillary documents. Vous reconnaissez et confirmez par les présentes que (i) la version française des présentes modalités et des documents y afférant vous a été transmise avant ou en même temps que les présentes modalités, et (ii) vous avez choisi d’exécuter et d’être lié par la version anglaise des présentes modalités et des documents y afférant.