Terms and Conditions

This website (“Site”) is provided by mart31.com (“mart31”, “we” and/or “us”) as a service to our customers (“you”). Please review the following terms and conditions that govern your use of this Site (the “Agreement”). mart31.com provides you access to this Site subject to the terms and conditions of this Agreement. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. mart31.com reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, mart31.com will post the new Agreement on this Site and note the date that it was last updated. Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed.

By using this Site, you represent that you are of the age of 19 or above in your jurisdiction. If you are not of the age, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur. please be noticed that for lottery, Tobacco and Vape products, you have to be 19 years or older, the parent or legal guardian terms don’t  apply.

For view and purchase Tobacco and vape products, you have to claim your age, if you are 19 years or older, you can claim your age by clicking the age verification button, and then you may be given the rights to view and purchase tobacco or vape products, it’s a violation of the law if you are bellow 19 years old, and have a false claim that you meet the age qualification, and go to view and try to buy from the site, for avoiding this kind of false buying, for an order placed at the site,  you may pickup in our retail stores or do personal delivery, if you need deliver, we will double check your personal ID, and make sure your age meet the law requirement, or we will not hand tobacco or vape or lottery  products to you. if this happens, the delivery fee will  bear at your own cost, and your goods will be returned by our delivery staff, and goods cost will be refunded to you, after that, your account may be blocked at the site,

If you don’t agree with the Terms and Conditions of the Agreement, you may not use this site.

Sale of products and services

The sale of products and services on this Site may be subject to additional terms that will be made available to you when you place your order.

Note that the price of some of the products available online will vary depending on your shipping location or the shipment method and time schedule. The first time that you access mart31.com, you will be prompted to check your postcode and your shipping location for subsequent visits to mart31.com. If your shipping location changes, you can update your postal code/shipping address during your visit to mart31.com at your account.

For Canadian usage

This Site may only be used by residents of Canada. If you use this Site outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws.

Copyright and Trademarks

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trademarks, owned by or licensed to mart31.com. mart31.com, or one of their respective affiliates, and are protected by Canadian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of mart31.com and is also protected by Canadian and international copyright laws.

mart31.com and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of mart31.com’s, or any third party’s intellectual property rights.

The mart31, names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of mart31.com. and are used in Canada under an exclusive license by mart31.com. All other marks are the property of their respective owners. No trade-mark or service mark license is granted in connection with the materials contained on this Site.

Links

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply mart31.com’s endorsement, sponsorship or recommendation of the third party, information, product or service. mart31.com is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

Use of this web site

This Site and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print selected portions of the Contents and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site, is strictly prohibited.

Passwords and account

You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer. mart31.com is not under any obligation to verify the actual identity or authority of any user of a password and login name. mart31.com may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account.

You agree to notify mart31.com immediately in the event that the confidentiality of your account or password is compromised. mart31.com has the right to take any actions that it deems reasonable in such an event provided that it shall have no liability for any acts or omissions in this regard.

mart31.com may cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

Website security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
sending unsolicited email, including promotions and/or advertising of products or services; or
forging any header, including any email or TCP/IP packet header. Violations of system or network security may result in civil or criminal liability. mart31.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to scrape, navigate or search this Site other than the search engine and search agents available from mart31.com on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Chrome,Baidu,360 etc).

User Comments, Feedbacks, and other Submissions

For all reviews, comments, feedback, post, videos, pictures, suggestions, ideas, and other submissions disclosed, submitted or offered to mart31.com on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant mart31.com a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however mart31.com desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. mart31.com is and shall be under no obligation:

to display, maintain or use Comments in any way;
to maintain any Comments in confidence;
to pay to user any compensation for any Comments; or
to respond to any user Comments.

You represent and warrant that any Comments submitted by you to the Site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trademark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to this Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You will not impersonate any person or entity or misrepresent your affiliation to a person or entity. You are and shall remain solely responsible for the content of any Comments you make.

You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above. You hereby waive all your moral rights in the Comments for the benefit of mart31.com and its successors, assigns and licensees.

mart31.com does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant mart31.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify mart31.com and its affiliates for all claims resulting from or relating to any Comments you submit.

mart31.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Objectionable contents

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that mart31.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

Information purpose only

Insurance and financial-related information that may be provided on this Site is provided for your general information only, and is not intended to substitute for, or provide, professional legal, investment, insurance, financial, accounting or tax advice. If you require any such advice, you should retain the services of a competent and/or licensed professional.

Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this Site are provided by our vendors, partners, and other third parties, and are not independently verified by mart31.com. The accuracy of such representations is the sole responsibility of the vendors, partners, and other third parties. While this Site attempts to be accurate in its product and/or service descriptions, mart31.com does not represent or warrant that product and/or service descriptions or other Contents on this Site are accurate, complete, reliable, current, or error-free. If you find that a product and/or service you purchase is not as described, your sole remedy is to return the product in accordance with mart31.com’s Return Policy or cancel the service in accordance with the applicable service agreement.

mart31.com and/or our vendors, partners and other third parties may also make recipes, tips, instructions and other information and resources available via this Site. Because various aspects of products and services can change at any time, you should always be sure to read and follow the label/instructions that accompany any products or services you use or purchase from mart31.com. mart31.com will not be responsible for any injury or damage caused by following the recipes, tips, instructions and other information and resources posted through this Site. As some food and goods are made of allergic sensitive material, you should always, at any time, by any means, be wholly responsible for the use of this kind of food, and any negative result or damage caused.

Items listed on this site may not be available or in-stock at all times for purchase on the site. mart31.com reserves the right to correct, at any time, any pricing errors. While the Site is updated regularly, prices, selection, and availability may vary by time and batch are subject to change without notice. Visit or call your local customer service center for current information on pricing and availability.

Indemnification

You agree to defend, indemnify and hold mart31.com harmless from and against any and all loss, actions, claims, damages, costs, and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

Privacy

mart31.com’s personal information practices on the Site, including the collection, use and/or disclosure of your personal information, are governed by mart31.com’s privacy policy. In using the Site, you also agree not to send or cause emails to be sent to individuals without their consent (e.g. through sharing or friend referral functions) or to post any Comments that include personal information of third parties.

Rules for the Tobacco product order online and delivery 

Our Ontario registered and based local physical grocery retail / wholesale store also do  online sales, following the regulations and rules set by the government and authorities. 

AGE AND ID VERIFICATION

When an order contains a tobacco or Lottery product, the law requires our delivery staff to verify the age of the customer before they hand over the tobacco product(s).  We can only deliver tobacco products to a customer if the customer is 19 years of age or older.

To verify your age, you need to submit your valid personal ID when you register at the website, and our team will review and if qualified, you will be given a tobacco user membership by hand at our site, and you will be notified only you have the Tobacco membership, after then, you can place order online, please be noticed that our delivery staff will ask to see your valid ID before they can hand over the tobacco product to you or someone aged 19+ on your behalf, we will check every customer’s ID every time, even if the customer clearly appears to be over 19, a valid ID must be present.  

Acceptable forms of ID may include:  

  • A valid driver’s license issued by federal, state, county, or municipal government.
  • A valid passport.
  • PR card or citizenship Card
  • An identification card issued by the Armed Forces of Canada that contains the name, date of birth, description, and picture of the person.

Next, we make sure the ID is not invalid or fake:

  1. We Check the expiration date. We Do not accept an ID that has expired.
  2. We might Ask you to remove the ID from your wallet.
  3. We Compare the customer at the door to the photo in the ID.  We Examine facial features: The height, eye shape, ear and nose shape or placement similar?  We Ignore weight, hair and makeup as these may change.

RESTRICTED LOCATIONS

We Do NOT, under any circumstances, deliver tobacco products to the following locations:

  1. Public or private school (e.g. an elementary school);
  2. Hospitals & health care facilities;
  3. Sports venues or any place hosting a sporting event;
  4. College campus (e.g. a frat house);
  5. Prison, reformatory, veterans’ home, or state capitol grounds;
  6. P.O. Boxes;
  7. Locker or similar package storage service (e.g. a storage facility)

 JUDGMENT – APPROVED – DENIED

Lastly, If we have any doubts about the ID, the customer, or encounter a situation in which it does not seem reasonable to deliver a tobacco product (e.g., a location where only minors present), we will not complete the tobacco items’ delivery and the tobacco order will be canceled and refunded.

In case your order includes other grocery items, we may only drop off your grocery order.

Thanks for your understanding and support.

Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THIS SITE IS PROVIDED BY VAPE PORT 31 (MART31.com) ON AN “AS IS” AND “AS AVAILABLE” BASIS. mart31.com MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, MART31.com DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATING TO THIS SITE OR ANY CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MART31.com DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS BELOW MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MART31.com AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MART31.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

General Terms

Except for any additional terms incorporated into any purchase made through this Site, this Agreement represents the complete agreement between you and mart31.com in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely match the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of MART31.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit mart31.com’s rights with respect to such breach or any subsequent breaches. mart31.com shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control. You may not assign these Terms of Use to any third party without the prior written consent of mart31.com. These Terms of Use will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator, and other legal representatives; and (ii) mart31.com and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with mart31.com or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence. It is the express wish of the parties that this Agreement and all related documents be drawn up in English, there will have a version in other languages, and in case there are conflicts, execute in the English version.

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