TERMS & CONDITIONS
PLEASE CAREFULLY REVIEW THE TERMS OF THIS SITE
By using this website, you are agreeing to be legally bound by these Terms & Conditions (the “Terms”) and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE.
If you have any comments or queries, or there is any provision that you do not understand, please feel free to email any questions to [email protected].
We reserve the right to change the terms, so please check them from time to time as your continued use of the site signifies your acceptance of any changed items. Your continued access to and/or use of the website after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms as revised. It is your sole responsibility to regularly check the website to determine if there have been any changes to these Terms and to review such changes.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT POKO POPCORN ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT POKO POPCORN.
Accounts & Registration
When you make a purchase through this website, you must either register for an account, or check out as a guest. If you choose to make a purchase as a guest, you will not be required to register; however, you will still be required to provide certain personal information to allow us to process your Order. When you make a purchase with us, you agree to provide accurate and current information about yourself as requested, and if you register an account, to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:
- The accuracy of all information that you provide to us, regardless of whether you register or purchase as a guest
- Maintaining the confidentiality of any passwords or other account identifiers that you choose or that are otherwise assigned to you as a result of any registration or purchase made through the website
- All activities that occur under such password(s) or account(s)
Further, you agree to notify us of any unauthorized use of your password or account of which you are or become aware. Poko Popcorn shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Acceptance of Orders
Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to limit or refuse any order in our sole discretion.
In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly complete your order.
By completing an order through the website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling fees specified in relation to your order, by permitted payment method. Payments are processed by our trusted third party service provider and Poko Popcorn does not collect your financial information.
We reserve the right to change the permitted methods of payment, without limitation at any time. If complete payment for your order is not received and verified by us, your order will not be processed. If you do not complete or improperly complete your order it may not be accepted or acknowledged.
We endeavour to ship all orders within 24 hours of receipt of the completed order. Please note that orders received after 12pm MT will be considered received on the following day.
Purchases may only be shipped to valid mailing addresses within Canada. However, we may not be able to ship to all areas within Canada. In the event that we are not able to ship to the shipping address you provide, we will notify you, your order will be cancelled, and you will receive a refund for your purchase.
The estimated delivery time will be specified in your order, however as we use a third party to deliver orders, it is possible that your order will arrive before or after the estimated delivery time. We will use reasonable efforts to deliver your order as quickly as possible within the time period(s) specified, however we will not be responsible for any delays in delivery or problems which are beyond our control once the product has been shipped. This includes but is not limited delays in shipping to remote addresses. Note that multiple orders may not ship together, and you may receive several shipments to complete your order. If expedited shipping is required, select that as your shipping choice when placing your order.
We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. All shipping charges are your responsibility, unless waived by Poko Popcorn. Shipping charges are included on your order and can be viewed prior to finalizing your order. Shipping charges are subject to change without notice.
Returns & Refunds
We want you to be completely satisfied with your order. If you are not completely satisfied with your order, please contact Poko Popcorn Customer Service via email or call 1-855-424-POKO (7656)
Every effort has been made to ensure that the information contained in the website is accurate and complete. Unfortunately, there may at times be errors and Poko Popcorn does not warrant that all product descriptions, photographs, pricing or other information on the website is accurate, complete, current, or error-free. In the event of an error, whether on the website, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
Copyright & Trademark
Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Poko Popcorn Inc. and/or its subsidiaries and affiliates or by other parties that have licensed their material to Poko Popcorn Inc.
All rights not expressly granted are reserved.
Your use of the materials included on this site is for informational purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You may not copy, distribute or display materials on this site or any part of it to third parties. You may not link to or mirror any part of this site. No other use, reproduction or distribution is permitted without prior written permission. Any infringement of these rights will result in appropriate legal action. You agree to indemnify, defend and hold harmless Poko Popcorn for any and all unauthorised uses you may make of any material on the site. You acknowledge the unauthorised use of the contents could cause irreparable harm to Poko Popcorn and that in the event of an unauthorized use, Poko Popcorn shall be entitled to an injunction in addition to any other remedies available at law or in equity.
Feedback & Submissions
You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
While we appreciate your interest in Poko Popcorn, we cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute resulting materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived.
Some links on the site will allow you to connect with sites that are not under our control. Poko Popcorn is providing these links only as a convenience. The appearance of a link does not imply Poko Popcorn’s endorsement, nor is Poko Popcorn responsible for the contents of any linked site. You access them at your own risk.
Disclaimer & Limitation of Liability
Your use of this website and material from this website is at your own risk. Poko Popcorn is not liable to you or any third party for any errors or delays in the content of the web site or for any actions taken in reliance on it. To the fullest extent allowed by applicable law, Poko Popcorn will not be liable for any direct, indirect or consequential loss arising from the products sold on this website, the use of the content contained in this website, or from your access of other material on the Internet via web links from the website. Poko Popcorn does not seek to limit liability in respect of fraudulent misrepresentation nor in respect of death or personal injury directly caused by their negligence. Poko Popcorn uses reasonable skill and care in developing this site but does not give any warranty as to its accuracy, availability or reliability nor does Poko Popcorn guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Poko Popcorn is aware of them.
Use By Minors
This website is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the age of 13 and the age of majority in your province/territory of residence, you may only use the website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
These Terms and your purchase of products from Poko Popcorn through this website are governed and will be interpreted in accordance with English Law and any disputes relating to these terms and conditions will be exclusively subject to the jurisdiction of the Canadian courts.
Severed Provisions and Entire Agreement
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.