Terms of Service

Welcome, and thank you for your interest in Allo Brands Limited (“Allo”, Allo Vapor”,we” or “us”) and our website at www.allovapor.com (the “Site”). Use of our other products and services requires a separate agreement with us. These Website Terms of Service are a legally binding contract between you and Allo regarding your use of the Site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ALLO’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Site. YOUR USE OF THE SITE, AND ALLO’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BETWEEN ALLO AND YOU TO BE BOUND BY THESE TERMS.

1. Eligibility. You must be at least 21 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 21 years old; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2. Restrictions; Feedback. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Site; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Site, including any security or access control mechanism. If you are prohibited under applicable law from using the Site, you may not use it. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or our products and services (“Feedback”) or submit content, materials, or information through interactive features of the Site (“Content”), then you hereby grant Allo an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback or Content in any manner and for any purpose, including to improve the Site and create or improve other products and services.

3. Ownership; Proprietary Rights. The Site is owned and operated by Allo. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Allo are protected by intellectual property and other laws. All Materials included in the Site are the property of Allo or its third party licensors. Except as expressly authorized by Allo, you may not make use of the Materials. Allo reserves all rights to the Materials not granted expressly in these Terms.

4. Third Party Terms. The Site may also contain links to third party websites. Linked websites are not under Allo's control, and Allo is not responsible for their content. Allo does not control and does not have any obligation to monitor any content made available by third parties. You acknowledge and agree that Allo reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site for operational and other purposes. If at any time Allo chooses to monitor the content, Allo still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

5. Prohibited Conduct. You shall not, and shall not permit any third party to: (a) modify or create any derivative works based on the Site or any portion thereof; (b) reproduce, distribute, publicly display, or publicly perform the Site or any portion thereof; (c) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Site or provide access to the Site to third parties on a service bureau basis or otherwise; (d) use or access the Site without permission, interfere with or circumvent any feature of the Site, including any security or access control mechanism, or introduce any security threats into or through the Site; (e) use the Site or any portion thereof to exploit, interfere with, or circumvent any feature of any other site or service; (f) use the Site or any portion thereof for any illegal, harmful, offensive, or objectionable purpose, including in a manner that disparages or defames, or violates the intellectual property or proprietary rights of, Allo or any third party; or (g) otherwise use the Site or any portion thereof) other than as provided herein, or in violation of any applicable law.

6. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ notice. Please check these Terms periodically for changes. By using the Site after changes are published, you agree to the updated terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 6, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

7. Modification of the Site. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Allo may, at its sole discretion, suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate and you must immediately cease all use of the Site. Sections 2, 3, and 7 through 16 will survive termination. Allo reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Allo will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

8. Disclaimers; No Warranties. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies. THE SITE AND ALL MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ALLO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ALLO DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ALLO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ALLO OR ANY MATERIALS AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ALLO OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA.

However, Allo does not disclaim any warranty or other right that Allo is prohibited from disclaiming under applicable law.

9. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALLO BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ALLO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ALLO TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ALLO FOR ACCESS TO AND USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Governing Law. These Terms are governed by the laws of Hong Kong, China without regard to conflict of law principles. You and Allo submit to the personal and exclusive jurisdiction of the courts located within Hong Kong for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in Hong Kong, and we make no representation that Materials included in the Site are appropriate or available for use in other locations.

11. Privacy Policy. Please read the Allo Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Allo Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

12. Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

13. Contact Information. The Site is offered by Allo Brands Limited, located at Flat F, 11/F., DAN6, 6 Fui Yiu Kok Street, Tsuen Wan, N.T., Hong Kong. You may contact us by sending correspondence to that address or by emailing us at contact@allovapor.com

14. Miscellaneous. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Allo regarding your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Last Updated 30 April 2019

HOW TO OBTAIN WARRANTY SERVICE
A Warranty Service Order must be requested from Allo Vapor within Warranty Period from the date of receipt of purchase. To request a Warranty Service Order, please fill out the form below. Allo Vapor may require the customer to furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please note more than one type of proof of purchase may be required to process a warranty claim (such as receipt of money transfer and confirmation of address item was originally shipped to).
CONTACT ALLO VAPOR
For customer support, please email us at service@allo.ca
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to the product manufactured by or for Allo Vapor, that can be identified by the "Allo" trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Damage due to acts of nature or God, for example, lightning strikes, tornadoes and the like; (b) Negligence; (c) Commercial use; (d) Modifications to any part of the Product; (e) Damage caused by use with non-Allo Vapor products; (f) Damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (g) Damage caused by operating the Product outside the permitted or intended uses described by Allo Vapor or with improper voltage or power supply; or (h) Damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Allo Vapor. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
IMPLIED WARRANTIES
Except to the extent prohibited by applicable law, all implied warranties (including warranties of merchantability and fitness for a particular purpose) shall be limited in duration to the duration of this limited warranty. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
LIMITATION OF DAMAGES
Except to the extent prohibited by applicable law, Allo Vapor shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even when Allo Vapor has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
SHIPPING & TRACKING
Allo.ca offers a couple of shipping options to customers – we offer free standard shipping on all Canadian orders that are $30 and over (before taxes and shipping). Our goal is to process and ship out orders from our warehouse within 5 business days, this excludes the time it takes for our courier partners to deliver the package to you. Due to a high volume of online orders and increased health & safety measures, our courier partners are experiencing significant delays. Orders may not be scanned at each processing facility, which may result in delayed or incorrect tracking information. We apologize for the inconvenience on their behalf and thank you for your patience.
DELIVERY AND ORDER PICKUP
Proof of Age Required We utilize Canada Post's Proof of Age (depending on your province) option on every single package, no exceptions. Because we utilize this option for all shipments, signature will be obtained upon delivery of all shipments. If you are not home when delivery is attempted, the package will be left at your nearest post office, where you will have to show Proof of Age to sign and receive the package. Packages cannot be left at the door or in a mailbox. Any fees associated with packages that are Returned to Sender because Proof of Age was not able to be determined, will NOT receive a refund. We can not remove this option, even if you have already been verified to be of age. - Every package leaving our facilities will require to be age verified, in accordance with Canadian law. Only the person named in the "Shipping" fields can pick up the package. Canada Post will NOT release the package to anyone else  P.O. box orders can only be serviced through Canada Post by selecting Canada Post as your shipping option at checkout. You are required to visit your nearest Canada Post outlet for pickup and you will need to show a piece of valid, government issued, photo ID to confirm age of majority. Due to Covid-19 precautions, Canada Post has temporarily changed its delivery method. They will not be delivering parcels that require proof-of-age to the customer’s door. Instead, Canada Post will leave a notice card directing customers to a nearby outlet for pickup.
ORDER PROCESSING
After your order has been placed, you will be notified with an order confirmation email. Your order will be processed in our warehouse within 5 business days, subject to peak holiday periods. Please note, if you receive a tracking number during a weekend or major holiday, your order is prepared for shipment, but it is not handed off to a shipping carrier until the following business day. Once your order has been picked up, you will receive an email or text message from the courier containing your tracking information. We reserve the right to additional processing time if any questions or concerns regarding your order arise. We always do our best to get in touch with you via phone or email only when absolutely necessary. Please make sure you provide us with current contact information during checkout.
Order Tracking
Tracking numbers are automatically generated when we print your shipping label during order processing. You will receive either an email or text notification containing the tracking number sent to the email address or phone number you provided during checkout. Please check your email's "spam" folders if you did not receive a tracking number You may also find & view all tracking information directly by logging in to Allo.ca account. Canadian customers can track their packages using http://www.canadapost.ca 
Shipping Options and Serviceable Areas
We offer various shipping options at checkout, please select the option that best services your needs. We currently ship to select Canadian postal codes in British Columbia, Alberta, Ontario and New Brunswick. Limited shipping options may be available in some areas. We may restrict shipping to certain addresses such as retail locations, warehouses and freight forwarding companies. We currently do not ship to P.O. boxes – you are required to show a piece of valid, government issued, photo ID to confirm age of majority upon delivery and we cannot do this with a P.O. box.   
Cancellations
Although we try our best to accommodate changes, orders cannot be cancelled once the status has been updated as “fulfilled”. By placing an order with us, you acknowledge that the items order, and delivery information is accurate.
Exemptions to Guaranteed Delivery Times
Courier services we ship with cannot guarantee delivery times in the event of outside factors beyond their control and for which they cannot be held responsible. These include, but are not limited to: National Holidays, Inclimate Weather Conditions and Natural Hazards (ie: Floods, Wildfires, Hurricanes, etc). 
Lost or Damaged Packages

Lost In Transit

In the event that a package has exceeded its estimated delivery date by more than 21 business days, please notify us at service@allo.ca and we will open up a claim on your behalf as the shipper of the item with the courier company.

Incorrectly Marked as Delivered

In the event the package is marked as delivered without having been received, please connect with anyone who might have retrieved it on your behalf (Ex: Concierge, Family Member, Roommate, etc) and review your tracking information to ensure that it has not been made available for pickup before contacting us with your inquiry. If you are unable to locate your missing package, you must notify us within 5 days of the marked delivery date in order to file a claim.

Damaged Packages

In an event if your package arrives damaged, please reach out to our customer service team within 5 days of delivery. We may initiate an investigation on a damaged package and you may be required to submit pictures of the condition the package arrived in. The courier may reach out to you for an inspection. Please monitor your emails and respond to communications from Allo and our courier partner.

Courier Investigation

A courier investigation may take up to 15 business days, or longer in complex cases. Unfortunately, we must wait until an investigation has been completed before resending or refunding the order.

For any inquiries relating to lost or damaged packages, please contact service@allo.ca for assistance.

Taxes

All taxes will be applied subject to federal and provincial tax legislation.

REFUNDS
Please also be advised that all of our packages are shipped using Canada Post's Age Verification service to ensure that every person that places an order with us is at least the age of majority to purchase tobacco, nicotine and/or related products in their respective jurisdiction. If you are not able to present valid photo ID to confirm your age upon delivery or pickup, your package will be returned to us, and you will not be eligible for a refund. Products that have been used in any capacity shall not be exchanged or refunded for other products. If there are any defects, please see the warranty section below for details. Refunds typically take up to 5 business days to process after the refund has been initiated, and another 5 business days from the date and time at which we receive the returned product.
Unauthorized Returns
If a package has been returned to our warehouse due to a delivery failure (ex: Incorrect address, unclaimed order, etc) Customer Service will attempt to reach out to you at the email listed on your order offering the option of refunding your shipment minus the original shipping cost. Orders that were eligible for free shipping with be charged a $10 flat rate. We are unable to process reshipments at this time and apologize for the inconvenience. You can simply place another order on Allo.ca – we strongly recommend you review the delivery details, and our terms and conditions are being followed to ensure a successful delivery.