Last updated: September 30, 2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://teaepicure.com website (the “Service”) operated by Eggs & Toast Media, LLC d/b/a Tea Epicure (“Tea Epicure”, “us”, “we”, or “our”) or making any purchases on the Service, including a Tea Experience.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Tea Epicure and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tea Epicure.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Tea Epicure.

Tea Epicure has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Tea Epicure shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Tea Epicure and its Employees, members, agents, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

IN NO EVENT SHALL TEA EPICURE, NOR , NOR ITS EMPLOYEES, MEMBERS, AGENTS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Tea Epicure does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Not Medical or Nutritional Advice

The information provided through the Services, including a Tea Experience,  are for informational purposes only. None of the Services are intended to be a substitute for professional medical or nutrition advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or treatment and never disregard professional nutrition or medical advice or delay in seeking it because of information provided through the Services or Tea Experience.

Tea Experience

Payment and Scheduling.  Payment is due in full at the time of booking your Tea Experience.  The tea that you will consume during the experience is selected by Tea Epicure at its sole discretion and is included in the payment.  You may cancel a class and receive a full refund if you provide at least 48 hours’ notice.  Cancellations made 24-48 hours before a Tea Experience will be entitled to a 50% refund.  No refunds will be given for cancellations within 24 hours.  You may reschedule up to 48 hours prior to your Tea Experience. Tea Epicure reserves the right to cancel classes at any time and for any reason and provide a full refund.

Allergies. You are responsible for informing Tea Epicure of any allergies that may be present in a tea room and avoiding any contact with known allergens.  Tea Epicure will attempt, but cannot guarantee, to accommodate your allergies.

DISCLAIMERS, RELEASE, AND INDEMNITY RELATED TO TEA EXPERIENCE.

You acknowledge that the Tea Experience will be at the home of a member of Tea Epicure and will not take place in a commercial or a kitchen otherwise subject to inspection or licensing.  You further acknowledge that consuming tea may involve the use of stoves or other heating appliances and that handling or consuming tea poses a risk of burns and scalding. THESE AND OTHER COMPONENTS OF THE TEA EXPERIENCE MAY CREATE A RISK OF INJURY FOR WHICH TEA EPICURE SHALL NOT BE RESPONSIBLE.

TEA EPICURE MAKES NO REPRESENTATIONS OR GUARANTEES CONCERNING THE CONDITION OF THE PROPERTY AT WHICH THE TEA EXPERIENCE WILL OCCUR NOR THE QUALITY OF ANY SERVICES PROVIDED IN CONNECTION WITH THE TEA EXPERIENCE. IN NO EVENT SHALL TEA EPICURE, NOR ITS EMPLOYEES, MEMBERS, AGENTS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE TEA EXPERIENCE INCLUDING DAMAGES CAUSED IN WHOLE OR IN PART BY NEGLIGENCE.

IN CONSIDERATION FOR YOUR ABILITY TO PARTICIPATE IN A TEA EXPERIENCE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TEA EPICURE, ITS EMPLOYEES, MEMBERS, AGENTS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL LOSS, INJURY, DAMAGE, OR LIABILITY THAT MAY ARISE FROM YOUR ATTENDANCE AT A TEA EXPERIENCE. YOU FURTHER AGREE NOT SUE THE INDEMNIFIED PARTIES FOR ANY SUCH LOSS, INJURY, DAMAGE, OR LIABILITY.

Purchases

If you wish to purchase any product or service made available through the Service, including a Tea Experience(“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

By making a Purchase, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.  Further, by completing a Purchase, you expressly authorize Tea Epicure to charge the payment method you provided.

The service may employ the use of third-party services, such as Stripe, for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. By making a Purchase, you also authorize us, directly or through third parties to make any inquiries necessary to validate your identity and/or conduct anti-fraud checks.

We reserve the right to refuse or cancel your Purchase at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order,  fraud or an unauthorized or illegal transaction is suspected, or other reasons at our discretion.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service or make any Purchase after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

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