Acceptance of Terms
Welcome to the 5 Element Tea website (“Website”). Five Element Tea, a company operating from and incorporated in the United States, provides services to you subject to the following terms of use (“Terms of Use”), which may be amended by us from time to time with no notice to you. When using any 5 Element Tea service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into these Terms of Use.
Your continued use of the Website constitutes an affirmation, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.
These Terms of Use will be governed by and construed in accordance with the laws of the United States. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the United States. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of these Terms of Use which will continue in full force and effect.
For the purpose of these Terms of Use, “Content” means material such as text, software, images, audio and video, including links to that material.
Accuracy of Information
All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication.
Product Descriptions
Five Element Tea and its Related Entities attempt to be as accurate as possible in the description of products. However, 5 Element Tea does not warrant that product descriptions are error-free.
Medical Advice Disclaimer
Without limiting any other provision of these Terms of Use, all information contained on the Website, including any information relating to products, treatments, medical and health conditions (“Website Information”) is for informational purposes only and is only intended for the purposes of promoting consumer health generally.
The Website Information does not constitute medical advice generally and is not intended to provide medical advice tailored to you in any way. The Website Information is not intended to be a substitute for proper medical advice and/or care provided to you by a medical physician.
The Website Information may be presented in summary or aggregate form and should not be relied upon as a tool for self-diagnosis, treatment, cure or prevention of any disease or ailment. Always consult with your medical physician regarding appropriate examinations, testing and treatment recommendations and do not delay obtaining such advice because of something you may have interpreted from the Website Information.
Limitation of Liability
The laws of United States may confer rights and remedies on you in relation to the provision by 5 Element Tea of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"). 5 Element Tea does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) 5 Element Tea and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) 5 Element Tea does not warrant that the functions contained in any Content or any Communications Facility (defined below) or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) 5 Element Tea does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not 5 Element Tea) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of 5 Element Tea) will 5 Element Tea or any of its Related Entities be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that 5 Element Tea does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
Indemnity
You agree to indemnify and hold harmless 5 Element Tea and its Related Entities (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.
Copyright
The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under United States and international copyright laws) without the prior written approval of 5 Element Tea or the appropriate supplier or licensor of 5 Element Tea.
You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
All software used on the Website is the property of 5 Element Tea, its Related Entities or its software suppliers and is protected by the United States and international copyright laws.
Trademarks
The 5 Element Tea logo and the logos of the 5 Element Tea products are registered trademarks of 5 Element Tea or its Related Entities. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on the Website, without the express written permission of the relevant owner.
Your Account, Membership and/or Registration
In consideration of your use of the Website, you agree to:
provide true, accurate, current and complete information about yourself as prompted by the web site’s registration form (such information being the "Registration Data"); and
maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
In particular, you must provide your real name and email address when registering to use the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, or 5 Element Tea has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 5 Element Tea has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Electronic Communications and Your Conduct
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to 5 Element Tea, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
restrict or inhibit any other user from using or enjoying any Communication Facility;
post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
post or transmit any material of any kind which contains a virus or other harmful component;
post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
Five Element Tea may from time to time monitor or review the contents of its Communication Facilities. While 5 Element Tea reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in 5 Element Tea’s sole discretion is in any way objectionable or in violation of any applicable law or these Terms of Use, 5 Element Tea has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post any such Content, nor is 5 Element Tea responsible for any such Content in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Website are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
Five Element Tea reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Contributions
Five Element Tea may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and 5 Element Tea disclaims any and all liability in connection with Contributions. Five Element Tea assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. Five Element Tea is under no obligation to treat your Contribution as confidential.
Five Element Tea may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.
User Licence To 5 Element Tea
By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to 5 Element Tea and its Related Entities a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:
use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of 5 Element Tea and any other party authorised by 5 Element Tea all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of 5 Element Tea, you will execute and deliver to 5 Element Tea such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Online Security
At 5 Element Tea we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting the Website or interacting with us.
Five Element Tea will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.
If you’re making an online purchase from 5 Element Tea and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'
Please REPORT any suspicious activity to us immediately.
Risk Of Loss
All items purchased from 5 Element Tea are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of the Website and are not under the control of 5 Element Tea or any of its Related Entities and neither 5 Element Tea nor any of its Related Entities have any responsibility for the contents of any such hyperlink or linked website. If you link to any such websites, you leave the Website and do so entirely at your own risk.
The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by 5 Element Tea or any of its Related Entities of the relevant advertiser, its products or services or any such linked website.
If you contact a third party using functionality provided on the Website, including via email, 5 Element Tea accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Errors And Omissions
Five Element Tea endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.
Delivery & Customs
We can’t be liable for any additional duties, taxes or surcharges that you may have to pay on delivery to your country. If you are unsure, we suggest checking with local authorities before placing your order.
Returns, Repairs and Warranties
We will accept returns only for damaged goods that are not opened. Due to food regulations worldwide we cannot accept any refunds for open packages – this includes customers who are not happy with the efficacy of our tea blends. Any customer who is concerned their product is damaged or faulty can contact us via our 'contact us' page, along with photo evidence, to discuss the refund process.
