Terms of Service
This website is operated by MOR Matcha. Throughout the site, the terms “we”,
“us” and “our” refer to MOR Matcha. MOR Matcha offers this website, including
all information, tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms
of Service”, “Terms”), including those additional terms and conditions and
policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.
Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates and/or
changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age
of majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the material on
this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject
to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at
any time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
CONDITIONS
MOR Matcha (hereinafter, “We,” “Us,” “Our”) is offering a mobile
messaging program (the “Program”), which you agree to use and participate in
subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By
opting in to or participating in any of our Programs, you accept and agree to
these terms and conditions, including, without limitation, your agreement to
resolve any disputes with us through binding, individual-only arbitration, as
detailed in the “Dispute Resolution” section below. This Agreement is limited
to the Program and is not intended to modify other Terms and Conditions or
Privacy Policy that may govern the relationship between you and Us in other
contexts.
1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by
affirmatively opting into the Program, such as through online or application-based
enrollment forms. Regardless of the opt-in method you utilized to join the
Program, you agree that this Agreement applies to your participation in the
Program. By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated with your
opt-in, and you understand that consent is not required to make any purchase
from Us. While you consent to receive messages sent using an autodialer, the
foregoing shall not be interpreted to suggest or imply that any or all of Our
mobile messages are sent using an automatic telephone dialing system (“ATDS” or
“autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt Out: If you do not wish to continue participating in the Program or
no longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the
Program. You may receive an additional mobile message confirming your decision
to opt out. You understand and agree that the foregoing options are the only
reasonable methods of opting out. You acknowledge that our text message
platform may not recognize and respond to unsubscribe requests that alter,
change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands,
such as the use of different spellings or the addition of other words or
phrases to the command, and agree that MOR Matcha and its service providers
will have no liability for failing to honor such requests. You also understand
and agree that any other method of opting out, including, but not limited to,
texting words other than those set forth above or verbally requesting one of
our employees to remove you from our list, is not a reasonable means of opting
out.
3. Program Description: Without limiting the scope of the Program, users that
opt into the Program can expect to receive messages concerning the marketing,
promotion, payment, delivery and sale of matcha and matcha related tools,
equipment, and gear. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive
messages periodically at Our discretion. Daily, weekly, and monthly message
frequency will vary. The Program involves recurring mobile messages, and
additional mobile messages may be sent periodically based on your interaction
with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the
number you received messages from or email us at mor@mormatcha.com. Please note that the use
of this email address is not an acceptable method of opting out of the program.
Opt outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your
mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is"
basis and may not be available in all areas at all times and may not continue
to work in the event of product, software, coverage or other changes made by
your wireless carrier. We will not be liable for any delays or failures in the
receipt of any mobile messages connected with this Program. Delivery of mobile
messages is subject to effective transmission from your wireless service
provider/network operator and is outside of Our control. Carriers are not
liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be
a wireless service subscriber with text messaging service. Not all cellular
phone providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are
under thirteen (13) years of age. If you use or engage with the Platform and
are between the ages of thirteen (13) and eighteen (18) years of age, you must
have your parent’s or legal guardian’s permission to do so. By using or
engaging with the Platform, you acknowledge and agree that you are not under
the age of thirteen (13) years, are between the ages of thirteen (13) and
eighteen (18) and have your parent’s or legal guardian’s permission to use or
engage with the Platform, or are of adult age in your jurisdiction. By using or
engaging with the Platform, you also acknowledge and agree that you are
permitted by your jurisdiction’s Applicable Law to use and/or engage with the
Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes: - Any fraudulent,
libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex,
religion, nationality, disability, sexual orientation, or age; - Pirated
computer programs, viruses, worms, Trojan horses, or other harmful code; - Any
product, service, or promotion that is unlawful where such product, service, or
promotion thereof is received; - Any content that implicates and/or references
personal health information that is protected by the Health Insurance
Portability and Accountability Act (“HIPAA”) or the Health Information
Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other
content that is prohibited by Applicable Law in the jurisdiction from which the
message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or
controversy between you and Us, or between you and DeBaun & Co or any other
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate,
such dispute, claim, or controversy will be, to the fullest extent permitted by
law, determined by arbitration in Nashville, Tennessee before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance
with the Commercial Arbitration Rules of the American Arbitration Association
(“AAA”) then in effect. Except as otherwise provided herein, the arbitrator
shall apply the substantive laws of the Federal Judicial Circuit in which MOR
Matcha’s principle place of business is located, without regard to its conflict
of laws rules. Within ten (10) calendar days after the arbitration demand is
served upon a party, the parties must jointly select an arbitrator with at
least five years’ experience in that capacity and who has knowledge of and
experience with the subject matter of the dispute. If the parties do not agree
on an arbitrator within ten (10) calendar days, a party may petition the AAA to
appoint an arbitrator, who must satisfy the same experience requirement. In the
event of a dispute, the arbitrator shall decide the enforceability and
interpretation of this arbitration agreement in accordance with the Federal
Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing
Emergency Measures of Protection shall apply in lieu of seeking emergency
injunctive relief from a court. The decision of the arbitrator shall be final
and binding, and no party shall have rights of appeal except for those provided
in section 10 of the FAA. Each party shall bear its share of the fees paid for
the arbitrator and the administration of the arbitration; however, the
arbitrator shall have the power to order one party to pay all or any portion of
such fees as part of a well-reasoned decision. The parties agree that the
arbitrator shall have the authority to award attorneys’ fees only to the extent
expressly authorized by statute or contract. The arbitrator shall have no
authority to award punitive damages and each party hereby waives any right to
seek or recover punitive damages with respect to any dispute resolved by
arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.
Further, unless both parties agree otherwise in a signed writing, the
arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding. Except
as may be required by law, neither a party nor the arbitrator may disclose the
existence, content, or results of any arbitration without the prior written
consent of both parties, unless to protect or pursue a legal right. If any term
or provision of this Section is invalid, illegal, or unenforceable in any
jurisdiction, such invalidity, illegality, or unenforceability shall not affect
any other term or provision of this Section or invalidate or render
unenforceable such term or provision in any other jurisdiction. If for any
reason a dispute proceeds in court rather than in arbitration, the parties
hereby waive any right to a jury trial. This arbitration provision shall
survive any cancellation or termination of your agreement to participate in any
of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and
the Florida Do Not Call Act as applicable to Florida residents. For purposes of
compliance, you agree that we may assume that you are a Florida resident if, at
the time of opt-in to Program, (1) your shipping address, as provided is
located in Florida or (2) the area code for the phone number used to opt-into
the Program is a Florida area code. You agree that the requirements of the
Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you,
and you shall not assert that you are a Florida resident, if you do not meet
either of these criteria or, in the alternative, do not affirmatively advise us
in writing that you are a Florida resident by sending written notice to us.
Insofar as you are a Florida resident, you agree that mobile messages sent by
Us in direct response to mobile messages or requests from You (including but
are not limited to response to Keywords, opt-in, help or stop requests and
shipping notifications) shall not constitute a “telephonic sales call” or
“commercial telephone solicitation phone call” for purposes of Florida Statutes
Section 501 (including but not limited to sections 501.059 and 501.616), to the
extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your
obligations hereunder, and nothing contained in this Agreement or in the
performance of such obligations will place you in breach of any other contract
or obligation. The failure of either party to exercise in any respect any right
provided for herein will not be deemed a waiver of any further rights
hereunder. If any provision of this Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force and effect
and enforceable. Any new features, changes, updates or improvements of the
Program shall be subject to this Agreement unless explicitly stated otherwise
in writing. We reserve the right to change this Agreement from time to time.
Any updates to this Agreement shall be communicated to you. You acknowledge
your responsibility to review this Agreement from time to time and to be aware
of any such changes. By continuing to participate in the Program after any such
changes, you accept this Agreement, as modified.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, 'comments'), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e‑mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may
be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of
the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided 'as is' and
'as available' for your use, without any representation, warranties or
conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness for
a particular purpose, durability, title, and non-infringement.
In no case shall MOR Matcha, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data, replacement
costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim
related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MOR Matcha and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees, made
by any third-party due to or arising out of your breach of these Terms of
Service or the documents they incorporate by reference, or your violation of
any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
United States.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at
this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at mor@mormatcha.com.