Terms of Service

Welcome, and thank you for your interest in our store (“Psycho Vape”)

By purchasing products from psychovape.ca, you acknowledge that you are 19 years of age or the age necessary to consume or possess nicotine in your jurisdiction. All orders are shipped with a signature requirement and a valid government identification card. It is necessary for you to provide proof that you are of legal age. Psychovape.ca is not responsible for additional fees resulting from packages being returned to the sender if proof of age cannot be verified.

On the online store's home page, you are also required to confirm that you are 19 years or older by clicking "I confirm I am 19 years or older". You must ensure that all requirements are met, as we will not ship to anyone who is not of legal age. A government-issued photo identification of at least 19 years of age is required for in-store purchases. For online purchases, you must be of legal age to consume or possess nicotine in your jurisdiction.

“Psycho Vape”, “we” or “us”) and our website at www.psychovape.ca (the “Site”). Use of our other products and services requires a separate agreement with us. These Website Terms of Service are a legally binding contract between you and Psycho Vape regarding your use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Psycho Vape PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Site. YOUR USE OF THE SITE, AND Psycho Vape PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BETWEEN PSYCHO VAPE AND YOU TO BE BOUND BY THESE TERMS.

1. Eligibility.You must be of legal age in your province/territory to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are of legal age in your province/territory; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2. Restrictions; Feedback.Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or our products and services (“Feedback”) or submit content, materials, or information through interactive features of the Site (“Content”), then you hereby grant Psycho Vape an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback or Content in any manner and for any purpose, including to improve the Site and create or improve other products and services.  Information that falls under Privacy Policy is handled as per Privacy Policy. 

3. Ownership; Proprietary Rights.The Site is owned and operated by Psycho Vape. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Psycho Vape are protected by intellectual property and other laws. All Materials included in the Site are the property of Psycho Vape or its third-party licensors. Except as expressly authorized by Psycho Vape, you may not make use of the Materials. Psycho Vape reserves all rights to the Materials not granted expressly in these Terms.

4. Prohibited Conduct. You shall not, and shall not permit any third party to: (a) modify or create any derivative works based on the Site or any portion thereof; (b) reproduce, distribute, publicly display, or publicly perform the Site or any portion thereof; (c) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Site or provide access to the Site to third parties on a service bureau basis or otherwise; (d) use or access the Site without permission, interfere with or circumvent any feature of the Site, including any security or access control mechanism, or introduce any security threats into or through the Site; (e) use the Site or any portion thereof to exploit, interfere with, or circumvent any feature of any other site or service; (f) use the Site or any portion thereof for any illegal, harmful, offensive, or objectionable purpose, including in a manner that disparages or defames, or violates the intellectual property or proprietary rights of, Psycho Vape or any third party; or (g) otherwise use the Site or any portion thereof) other than as provided herein, or in violation of any applicable law.

5. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time without notice. Please check these Terms periodically for changes. By using the Site after changes are published, you agree to the updated terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 5, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

6. Modification of the Site.If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Psycho Vape may, at its sole discretion, suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate, and you must immediately cease all use of the Site. Sections 2, 3, 4 and 6 through 13 will survive termination. Psycho Vape reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Psycho Vape will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

7. Disclaimers; No Warranties. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies. THE SITE AND ALL MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PSYCHO VAPE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PSYCHO VAPE  DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PSYCHO VAPE  DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR PSYCHO VAPE  OR ANY MATERIALS AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING PSYCHO VAPE  MATERIALS AVAILABLE THROUGH THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.

However, Psycho Vape does not disclaim any warranty or other right that Psycho Vape is prohibited from disclaiming under applicable law. For products obtained through the Site, see Shipping, Returns, Warranty.

8. Limitation of Liability.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PSYCHO VAPE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PSYCHO VAPE  ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PSYCHO VAPE  TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PSYCHO VAPE  FOR ACCESS TO AND USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Governing Law. This Agreement shall be governed by and construed under the laws of Ontario, Canada without reference to conflicts of law principles

10. Privacy Policy. Please read the Psycho Vape Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Psycho Vape Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

11. Consent to Electronic Communications.By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

12. Contact Information. The Site is offered by Psycho Vape, located at 765 Cameron St Unit B, Hawkesbury, ON K6A 2B7. You may contact us by sending correspondence to that address or by emailing us at info@psychovape.ca

13. Miscellaneous. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Psycho Vape regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

14. INFORMATION TO BE ACCURACY, COMPLETE, AND TIMELY           Please note that we are not responsible if the information provided on this site is not accurate, complete, or up-to-date. The information provided on this site is for general information only and should not be relied upon or used as a sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You are solely responsible for any reliance you place on the material on this site. There may be some historical information on this site. It is necessary to note that historical information is not up to date and is provided solely for your information. At any time, we reserve the right to modify the contents of this site, but we are not required to update any information on our site. As a user of our website, you agree that it is your responsibility to monitor changes to the site.

15. SERVICE AND PRICE MODIFICATIONS 

    We reserve the right to change the prices of our products without prior notice. At any time, we reserve the right to modify or discontinue the Service (or any part or content thereof) without prior notice. If we modify, change the price, suspend or discontinue the Service, we will not be liable to you or to any third party.

16. SERVICES OR PRODUCTS 

    There may be certain products or services available exclusively online through the website. It is possible that these products or services have limited quantities and may be returned or exchanged only in accordance with our Return Policy. To the best of our ability, we have attempted to display the colors and images of our products as accurately as possible in the store. It is not possible for us to guarantee the accuracy of the color display on your computer monitor. It should be noted that the images of our products displayed on our website are not necessarily representative of the products we have in stock at the store. Name, variant title, and product description are the best indicators of what our products are and what they offer. We reserve the right, but are not obligated, to limit the sale of our products or Services to any individual, geographic region or jurisdiction. This right may be exercised on a case-by-case basis. We reserve the right to limit the quantity of any products or services we offer. All product descriptions and prices are subject to change without notice at our sole discretion. At any time, we reserve the right to discontinue any product. We reserve the right to void any offer made on this site for any product or service. Please note that we do not warrant that the quality of any products, services, information, or other material you purchase from us, or that any errors in the Service will be corrected.

17. ACCURACY OF BILLING INFORMATION AND ACCOUNT INFORMATION   Please note that we reserve the right to refuse any order placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household or per order. These restrictions may apply to orders placed by the same customer account, using the same credit card, and/or using the same billing and/or shipping address. Whenever we make a change or cancel an order, we may attempt to notify you by email and/or phone number provided at the time of order. In our sole judgment, we reserve the right to limit or prohibit orders placed by dealers, resellers, or distributors. Whenever you make a purchase at our store, you agree to provide current, complete and accurate information regarding your purchase and account. To ensure that we are able to complete your transactions and contact you as needed, you agree to promptly update your account information, including your email address and credit card numbers and expiration dates. Please refer to our Returns Policy for more information.

18. THIRD-PARTY LINKS 

    Our Service may include third-party content, products, and services. This website may contain links to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, or for any other materials, products, or services of third parties. Please note that we are not liable for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction with a third party, you should carefully review the policies and practices of the third party. You should direct any complaints, claims, concerns, or questions regarding third-party products to the third-party.

19. OMISSIONS, ERRORS, AND INACCURACIES Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. At any time without prior notice (including after you have submitted your order), 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. It is our policy not to update, amend or clarify information in the Service or on related websites, including without limitation, pricing information, except as required by law. Any update or refresh date not specified in the Service or on any related website should not be construed as indicating that all information within the Service or on any related website has been modified or updated.

20. INDEMNIFICATION 

    You agree to indemnify, defend and hold harmless Psycho Vape 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.

21. SEVERABILITY The provisions of these Terms of Service shall nevertheless be enforceable to the fullest extent permitted by applicable law, in the event that any provision is determined to be unlawful, void or unenforceable, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination will not affect the validity or enforceability of any remaining provisions.

22. TERMINATION For all purposes, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement. Unless and until terminated by either you or us, these Terms of Service will remain in effect. At any time, you may terminate these Terms of Service by notifying us that you no longer wish to use our Services, or by ceasing to use our site. In the event that you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement without notice at any time, and you will remain liable for all amounts due until and including termination; and/or we may, in response, deny you access to our Services.

23. ENTIRE AGREEMENT 

    Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that these Terms of Service, as well as any operating rules or policies posted by us on this site or with respect to the Service, constitute the entire agreement and understanding between us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals (including, but not limited to, any prior versions of the Terms of Service) between you and us. Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

24. THE LAW OF GOVERNMENT The Terms of Service and any separate agreements under which we provide you with Services are governed by and construed in accordance with the laws of Canada.