Terms of Use

Last updated: September 18, 2021

Welcome to Instasmoke.ca!

These Terms of Use (“Terms”) govern your use of services offered by Instasmoke Ltd. DBA 2209-300 Front Street, Toronto M5V 0E9 - including the Instasmoke website that is accessible through various desktop, tablet and mobile web browsers ( “We” “Site” or “Service” ). Your use of Instasmoke confirms your acceptance of these Terms. Any use of the site by anyone under the age of majority in their respective province is strictly prohibited and in violation of these Terms.

Privacy

Please also review our Privacy Policy, which is incorporated into these Terms and also governs your use of the Site. Information security is important to us. We have established reasonable physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Isntasmoke reserves the right at all times to disclose any information as deemed necessary to satisfy any applicable law, regulation, legal process or governmental request. You may use Instasmoke only in compliance with these Terms and all applicable local, provincial, federal and international laws, rules and regulations.

 

Copyrights

 

Instasmke in its entirety is copyrighted under the Canadian and International copyright law. This site contain valuable trademarks and service marks owned and used by Instasmoke, including but not limited to, INSTASMOKE.CA, the Instasmoke logo design, site design, and the tag line “your local vape store”. The use of any information from the Site, or any products or materials is strictly prohibited, without written permission to do so from Instasmoke.

 

Products and Services

 

Prices and availability of products on the Site are subject to change without notice. The price of the product will be as shown on the order pages when you place your order. Errors will be corrected when discovered and Instasmoke reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). We do not price match. Promotional codes can only be applied during purchase. Instasmoke will be unable to honor any post order promotional code adjustments.

 

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Instasmoke reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Certain orders constitute improper use of the Site. Instasmoke reserves the right, at its sole discretion, to refuse or cancel any order for any reason.

You agree that you will not use an invalid or unauthorized credit or debit card or other payment method. You are solely responsible for identifying and selecting the product or service you wish to purchase. Your payment will be charged to the credit or debit card or other payment method you use through our authorized third party service provider. By submitting your credit or debit card information through the Site, you expressly consent to the sharing of this information with our Payment Partner. We do not save your credit card information in our servers. We reserve the right, in our full discretion, to reject any and all orders or purchases made on the Site. 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 placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by scammers, competitors, or dealers. You agree to provide current, complete, and accurate purchase information in connection with all purchases made. You agree to promptly update your account and other information, including without limitation your e-mail address and credit card information, so that we can complete your transactions and contact you as needed. By submitting your shipping address through the Site, you expressly consent to the sharing of this information with our Delivery Partners. Any outbound and inbound shipping charges collected on an order will not be refunded. Instasmoke is not responsible for shipping costs of return orders. All return refunds will be for the returned items only. Refunds for returns will be processed upon examination of returned goods for seals, tempering and condition. If the items returned are damaged or altered in any form, they will be disqualified for a refund. Instasmoke is not responsible if information made available on this site is not current, complete or accurate. 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.
 

The Site may contain links to third-party websites ( "Other Sites" or “Manufacturers” ) that are not under our control. Instasmoke makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that may be accessible by hyperlinks from the Site or link to the Site. We provide these links to you as a convenience and the inclusion of any link does not imply endorsement by us of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites. You agree that Instasmoke does not assume responsibility for any products, content, services, websites, offers, or information that is provided by third parties and made available through the Service, nor does Instasmoke assume responsibility for your interactions with any Third Party Provider. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the service or you engage with any Third Party Provider, you agree that you do so at your own risk and that Instasmoke will have no liability based on such purchase, use, access, or engagement.

 

In order to return an item purchased through us, item return form must be submitted through our returns page within 30 days of the item being delivered to you. Only items in their original packaging may be returned and qualify for a refund with exceptions. Items of consumable nature are not eligible for refunds. The following items can not be returned – all vaping E-Liquids, unsealed items, damaged items, used items and opened items. Instasmoke does not cover return shipping costs. Once the return item is received by us, it will be assessed to ensure it is unused, undamaged and in saleable condition. Instasmoke does not offer warranties on the products sold in any form. Any mention of warranties or information regarding warranty claims is there to serve as a convenience to you and the inclusion of any link does not imply endorsement by us of the manufacturers of these products or any association with them. You are responsible for viewing and abiding by the applicable warranties offered by the manufacturers that may be posted on their websites. Instasmoke disclaims all warranties, express or implied, to any product. All items sold are sold as-is. The entire risk pertaining to the quality, appearance, state and performance of these items is with the buyer.

 

Assumption of Risk

 

When you use Instasmoke, you confirm that you are aware and understand that any activity involving nicotine, electronic nicotine delivery systems ( “ENDS” ), ecigarettes, vaporizers, liquid nicotine mixtures, pre-filled ecigarettes, vape mixtures, batteries and any and other vaping products and accessories ( collectively “Vapes” ) involve risks, hazards and dangers. Lithium Ion batteries are potentially hazardous and can present a serious fire hazard if damaged, defective or improperly used. Vapes can at any time cause electrocution, severe burns, cuts, chemical explosions, choking, even death. Vapes can have dangerous manufacturer’s defects and faulty designs that could cause equipment failure that causes severe bodily harm and even death. Nicotine is highly addictive and can cause physical dependence. Nicotine can increase blood pressure and heart rate. Nicotine may produce adverse fetal effects and must never be used by pregnant or breastfeeding women. Nicotine can cause difficulty concentrating and deficits in task performance and symptoms of nicotine withdrawal. Liquid Nicotine is highly toxic and can cause lethal poisoning through inhalation, skin contact or swallowing. The inhalation of eliquid can cause severe allergic reactions or irritations. The inhalation of eliquid may have unknown and severe short-term and/or long-term health effects. The inhalation of flavoured eliquids containing Diacetyl, acetyl propionyl, acetoin or any other declared or undeclared chemical could cause long-term damage to your lungs. The improper storage of vaporizers and liquid nicotine can be lethal. You understand that storing your vaporizers and liquid nicotine in a safe place out of the reach of children and pets is absolutely necessary for the prevention of accidental poisoning or death. Nicotine should never be handled by, or accessible to, children or pets. Instasmoke is in no way responsible for these risks, hazards and danger. If you choose to use these products, you do so at your own risk.

 

Release of Liability

 

In no case shall Instasmoke, our directors, officers, employees, affiliates, fulfillment partners, agents, contractors, suppliers, service providers or licensors ( collectively “Releasees” )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. You are waiving the right to sue or claim compensation following an accident, which you or your heirs, next of kin, executors, administrators and assigns may have against the Releasees. You hereby agree to waive any and all claims that you have or may have in the future against Instasmoke and to release the Releasees from any and all liability for any loss, damage, injury or expense you may suffer, or any persons exposed to products that you have purchased from Instasmoke may suffer, due to any cause whatsoever, including negligence, breach of contract, breach of any statutory or other duty of care. You agree to indemnify and hold harmless Instasmoke and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from any and all liability, claim or demand, for any damage to property or personal injury to yourself or a third party, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

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.

 

 

Termination

 

Your ability to access the Site remains in effect until terminated in accordance with these terms. You agree that Instasmoke in its sole discretion, reserves the right to terminate your use if we believe you have violated or acted inconsistently with these terms or for any other reason. 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 are effective upon your use and unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, and 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, 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 Service.

 

 

Governing Law

 

Our Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario, Canada.

 

Changes to these Terms

 

Instasmoke reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use.

 

Instasmoke periodically schedules system downtime for the Site for maintenance and other purposes. Unplanned system outages may occur. You agree that Instasmoke has no responsibility and is not liable for the unavailability of the Site, any loss of data, information or materials caused by such system outages, the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages, or any outages caused by any third parties, including without limitation any companies or servers hosting the Site, any Internet service providers or otherwise.

 

If you have any questions, comments or complaints about these Terms of Use or the Site, please email us at support@instasmoke.ca