This website (the "Sites") is operated by Genki Forest (North America) Inc., and on behalf of its respective subsidiaries, affiliates, and parent companies ( "Genki", "we" or "us”). Your access to and use of our site is subject to the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink ("Terms and Conditions"). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read through these Terms of Service before accessing or using our website. If you do not agree to the Terms and Conditions you should cease accessing the website or using any services immediately.
Descriptions of Service
Our Sites provide information about Genki's products, allow users to purchase Genki's products and provide different ways to interact with Genki through newsletters, social media and other outlets. Our sites are hosted by Shopify Inc, which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
By agreeing to these Terms of Service, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or other country.
Promotional SMS Messaging and Emails
By signing up via website pop-up, order confirmation page, or through an email link or texting us at a designated sign-up number, you have consented to receive marketing messages from us both through SMS messages and emails. Messaging will be initiated by our third-party messaging provider. Standard message and data rates may apply. Emails will be sent directly from us. We may send several marketing messages or emails per month in addition to any transactional messages/emails or responses to inbound questions or requests. Examples of the types of messages/emails we may send include marketing messages, order and shipping confirmations, and other order updates. You may opt-out at any time by texting STOP in response to any of our messages or emails. You may request help at any time by emailing our Customer Service team at email@example.com.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete or current. 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.
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 at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Third-Party Contents and Links
Certain content, products and services available via our Service may include materials from third-parties or may be operated on behalf of Genki by third parties and may be subject to the Terms of Conditons and/or Privacy Policies of those parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review any Terms and Conditions that may apply when you visit any third party links or areas that are operated by third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Refusal of Order
We reserve the right to refuse any order you place with us. 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 made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
User Comments and User Conduct
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose;
• or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Genki Beverages, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Genki Beverages 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 Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Conditions 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.
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or 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 of Service, 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 Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Conditions shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Conditions).
The content, information, software, designs, materials, functions and data included in and contained on the Website is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you access the Website. All Content including but not limited to designs, structure, text, logos, product packaging, trade dress, product configuration, brand names, product names, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming, and all other copyrightable work or trademarks on this Website are protected by copyright and/or trademark law and are the property of Genki or its licensors. Except as allowed under applicable law, no Content, in whole or in part, may be used, copied, sold, reproduced, duplicated, modified, or otherwise exploited without prior express written permission from Genki.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
Modifications and Interruption to the Sites
You can have access to the most updated version of the Terms and Conditions at any time on this page. We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
If you have any questions about the Terms of Conditions, please feel free to let us know at firstname.lastname@example.org.