This agreement (the “Terms & Conditions”) is a legally binding agreement between you and Innergy Tea (AGBE LLC), its affiliates, and their respective parents and subsidiaries (individually and collectively, “Company,” “we,” “our” or “us”), and applies to your use of the URL, https://innergytea.com, and all other websites, social media pages and accounts owned by the Company (individually and collectively, the “Websites”), and all mobile applications owned by the Company (together with the Websites, collectively, the “Company Sites”). Using the Company Sites, the Company markets teas and related products directly to consumers and offers consumers the opportunity to take advantage of the various services offered by the Company, including, without limitation, the opportunity to purchase tea and related products and to register as members of the various Subscription Memberships that the Company services (collectively, the “Tea Room Society”). BY USING THE COMPANY SITES, INCLUDING, WITHOUT LIMITATION, BY PARTICIPATING IN THE TEA ROOM SOCIETY SERVICES, YOU HEREBY AGREE TO THE FOLLOWING TERMS & CONDITIONS AND OUR (PRIVACY POLICY). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS & CONDITIONS AND PRIVACY POLICY, PLEASE DO NOT USE THE COMPANY SITES.

 

A. Billing & Cancellations

Tea Room Society Memberships. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL USE A RECURRING PAYMENT SYSTEM IN CONNECTION WITH TEA ROOM SOCIETY MEMBERSHIPS. THE METHOD OF PAYMENT LINKED TO YOUR ACCOUNT WILL BE AUTOMATICALLY CHARGED EVERY QUARTER IN ACCORDANCE WITH THE SHIPPING SCHEDULE OF YOUR APPLICABLE TEA ROOM SOCIETY MEMBERSHIP. THERE IS NO ONGOING COMMITMENT TO REMAIN A MEMBER OF THE TEA ROOM SOCIETY AND TO RECEIVE THESE SHIPMENTS OF TEA, INCLUDING, WITHOUT LIMITATION, ANY HOLIDAY SHIPMENTS. YOU MAY CANCEL YOUR TEA ROOM SOCIETY MEMBERSHIP, INCLUDING ANY HOLIDAY SHIPMENTS, AT ANY TIME BY CONTACTING US AT [email protected], AND WE WILL PROMPTLY STOP PROCESSING THE RECURRING PAYMENTS. SECTION B: ORDERS SETS FORTH ADDITIONAL TERMS CONCERNING ANY CHANGES TO THE PRICE OF TEA ROOM SOCIETY MEMBERSHIPS AND YOUR ABILITY TO CANCEL YOUR MEMBERSHIP BEFORE BEING CHARGED FOR THE NEXT SHIPMENT.

 

Individual Orders. You may cancel pending orders at any time before shipment by contacting us at [email protected], and we will promptly cancel your order upon receipt of such a request. If you use a credit card in connection with your purchase, it will generally be charged by the end of the business day on which you place your order. Once an order has been shipped and your payment has been processed, the order cannot be canceled (see Section G: Replacement Orders below).

 

B. Orders

Teas and offers may vary by state. All offers made pursuant to these Terms & Conditions are subject to availability. If a particular tea selection is unavailable as part of an individual order or a bundle shipped pursuant to a Tea Room Society membership, a substitute of similar style and equal or greater value will be supplied in your shipment. The Company has the right to refuse orders should they not comply with the laws in your state or for any other reason, and your payment will not be processed for such orders. The Company shall not be liable for any errors or omissions in product pricing or discounts offered to customers. In case of any such error or omission, the Company reserves the right to cancel affected orders and refund the charge to you as your sole remedy. The Company reserves the right to change product pricing and discounts offered anytime. IN THE EVENT PRODUCT PRICING CHANGES WITH RESPECT TO TEA ROOM SOCIETY SHIPMENTS, THE COMPANY WILL NOTIFY YOU IN ADVANCE OF SUCH PRICE MODIFICATION, AND YOU WILL HAVE THE OPPORTUNITY TO CANCEL YOUR MEMBERSHIP TO THE TEA ROOM SOCIETY BEFORE BEING CHARGED FOR YOUR NEXT SHIPMENT.

 

C. Contact Information

If you have any requests, questions, or comments about your orders made in connection with the Innergy Tea, Tea Room Society membership registration, your Account, the Company Sites, or any other questions or comments relating to our products and services, please contact us at:

 

Mail:

Innergy Tea
Attn: Customer Service
PO Box 6502
Virginia Beach, VA 2345

 

Email:

[email protected]

 

When you email us, you agree that we may electronically communicate with you. You acknowledge that communications by email may not be confidential.

 

D. Account Registration & Guest Login

To utilize the Innergy Tea Services, you will be asked to register for a personal account with the Company (an “Account”) or login to the Company Sites as a guest (a “Guest Log-In”), follow the instructions provided by the Company, and provide the requested personally identifiable information (i.e., name, phone number, email address, date of birth, and method of payment information). You represent and warrant that all personal information you provide in connection with registering your Account or using a Guest login is complete and accurate and that you are authorized to use the payment method you provide in connection with your use of the Innergy Tea Services. We reserve the right to contact the service provider of your payment method to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account. You also agree to review and update your Account as and when necessary to maintain the most current personal information. If you choose not to create an Account but to instead place orders by using a Guest Login, you may contact the Company to review or update the personal information you have provided by using the email and/or addresses listed above in Section C: Contact Information.

 

E. Tea Room Society Membership

As part of the Tea Room Society Membership available to you, you will have the opportunity to register for various Tea Room Society Memberships, the Company markets, and services by following the instructions on the applicable Company Site or promotional communication, including, without limitation, email communications or direct mailings. Please review our (PRIVACY POLICY) with respect to what information we share with third parties and the terms of such sharing. As a member of the Tea Room Society, you are generally entitled to receive six (Premium) or nine (Elite) teas every calendar quarter (approximately every twelve (12) weeks) while your particular Tea Room Society membership is active. The exact number of teas, shipping schedule, quarterly cost charged to your payment method, and applicable tax and shipping charges vary between Tea Room Society memberships and will be provided to you in your order summary before you purchase the applicable Tea Room Society membership. You will be notified by email communication or by U.S. mail in advance of these quarterly shipments. Your membership in a particular Tea Room Society also provides that during the year, you will receive promotional offers from us, as applicable, for additional shipments of teas, including, without limitation, the Company’s biannual holiday shipments of tea, which are generally offered once during the winter season. You will be notified by the Company in advance of such promotional shipments, including, without limitation, the holiday shipments, and such communication will include the applicable terms of the offer, including the price, taxes, and shipping charges. Terms of promotional offers may vary, and all offers are subject to availability.

 

F. Shipping

  1. Shipping & Deliveries. All orders are shipped by the Company. Title to such tea and related products and risk of loss passes from Innergy Tea to you upon the shipment of your order by Innergy Tea. The terms of shipment may vary from order to order. You will be notified at the point of purchase of the applicable shipping charges and taxes, which you are responsible for paying, that are applied to your particular order or your shipments pursuant to your Tea Room Society membership(s). Innergy Tea does not ship to countries where shipping tea is prohibited by law. Product availability and limitations on orders vary by state.
  2. Innergy Tea Signature Shipping. From time to time, the Company may offer you the option to enroll in annual subscription plans to receive unlimited shipments for a fixed annual shipping cost.  The Innergy Tea Room Signature Shipping Service membership (“Membership”) will last for one (1) year from your sign-up date.  The Membership will automatically renew for additional yearly terms (“Renewal Term”) unless You cancel Your Membership. You will be notified by the Company in advance of the automatic annual renewal charge. Please review the disclosures in Section 1: Tea Room Society Memberships above concerning subscription agreements.

Advantage Shipping Service Eligibility and other conditions: 

  • We reserve the right to accept, refuse, or cancel membership or any order at our discretion, without cause.
  • Fair use of Signature is deemed to be restricted to no more than 6 shipments of 3 teas or fewer in any 12 months. Violation of this may result in the refusal of those shipments in excess or the cancelation of membership.
  • Membership benefits only apply to orders placed by Customers within the United States for shipments to locations within the United States, referenced in Section 6.
  • The Signature Shipping Service does not include the additional Shipping Surcharges required for Alaska, Hawaii, and Colorado
  • The Tea Room Society Signature Shipping Service membership cannot be given as a gift because it is tied to the account of the person purchasing it. Instead, we recommend a gift certificate.
  • The Tea Room Society Signature Shipping Service membership is intended for personal use, corporate gifting is not permitted.
  • You cannot share the benefits of Your Membership with any third party.
  • You can only utilize Your Membership in accordance with applicable laws.
  • Member discounts are available on eligible teas and bundles only as indicated.
  • Additional terms of promotional offers may vary and will be specified in the applicable promotion,
  • Exclusive offers, including birthday discounts, are frequently shared via email; therefore, members who opt out of marketing promotions may not receive all available offers.

YOU MAY CANCEL YOUR SIGNATURE SHIPPING SERVICE MEMBERSHIP AT ANY TIME WITHOUT CAUSE BY CONTACTING US AT [email protected] OR SIGNING INTO AND UPDATING YOUR ACCOUNT ONLINE USING THIS LINK. WE WILL PROMPTLY STOP PROCESSING THE RECURRING PAYMENTS.

 

Tea Room Society Signature Shipping Service Agreement Changes: Innergy Tea may, in its discretion, change and update these Terms and Conditions of Service or any aspect of the Signature Shipping Service membership without prior notice to you. If you sign up for Tea Room Society Signature Shipping Service membership, you accept these terms, conditions, limitations, and requirements. Please read these Terms carefully.

 

G. Replacement Orders

The Company strives to ensure the satisfaction of its customers. In the event of late or non-delivery of your order, if your order is damaged in transit or is incorrect, please contact us by using the contact information provided in Section 3: Contact Information above, and we will use good faith efforts to rectify the issue, subject to all applicable laws.

 

H. Promotional Offers

By participating in Innergy Tea Services, you will be eligible to receive various benefits provided from time to time by the Company, including, without limitation, discounts, vouchers, and promotional offers with respect to tea, related products, and Tea Room Society memberships, unless prohibited by law. You will be notified of these special offers through various channels of communication, including, without limitation, email and/or U.S. mail. Each discount, voucher, and promotion offered to you will apply only to those specific teas, related products, and Tea Room Society memberships advertised. It will be governed by these Terms & Conditions, as amended occasionally, and the applicable terms of such promotions as communicated to you. You will be required to input the applicable reference/ coupon code included in the advertisement of the promotional offer before purchase. A particular reference/ coupon code may only be used once and not with any other discount, voucher, or promotional offer unless the applicable advertisement provides otherwise. The value of any such offer is not refundable. All offers are subject to availability, and the Company reserves the right to change discounts, vouchers, or offers at any time. Some states do not permit us to honor certain discounts, vouchers, or offers, and the Company extends such discounts, vouchers, and offers only if they are not prohibited by law. You will be notified if you are in any such state before purchasing.

 

I. Privacy Policy

Your use of the Company Sites is subject to our PRIVACY POLICY, which we may amend from time to time, and you hereby agree to its terms.

 

J. Customer Conduct

You agree not to engage in any of the following activities: (i) interfere with or inhibit the use of the Company Sites by other users; (ii) use the Company Sites for commercial purposes for yourself and/or third parties (e.g., selling, or attempting to sell your purchases to others, etc.); (iii) create an account using an alter-ego or by impersonating a third party, or providing any other false information; (iv) copy, reverse engineer, or attempt to derive the source code of any part of the Company Sites; (v) post any comment or product review on the Company Sites that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; or (vi) use the Company Sites in a manner that would violate any of these Terms & Conditions or any applicable laws. We may investigate any reported violation of these restrictions or other provisions in the Terms & Conditions. If we determine that you have violated these restrictions or other provisions in the Terms & Conditions, we may take any action that we deem appropriate. You potentially may be subject to liability. Such action may include, without limitation, issuing warnings, immediately terminating your Account, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials or regulators and, in doing so, we may disclose any relevant information to such officials or regulators, including, without limitation, your personal information, IP address(es) and your Company Sites usage history as provided in Company’s (see PRIVACY POLICY).

 

K. Third Party Servicers & Release

You may have contact or other interaction with third parties in connection with clicking third-party links on the Company Sites and being directed to third-party websites (the “Third Party Servicers”). You hereby acknowledge and agree that you are proceeding at your own risk and any such Third Party Servicers are not under the control of the Company. The Company shall be in no way responsible or liable for any acts, omissions, breaches, representations, or warranties made by any such Third Party Servicers or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with such Third Party Servicers (“Third Party Claims”). YOU HEREBY RELEASE THE COMPANY, OUR OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND MEMBERS FROM ANY AND ALL SUCH THIRD-PARTY CLAIMS NOT ATTRIBUTABLE TO THE COMPANY’S NEGLIGENT OR INTENTIONAL ACTS.

 

L. Termination

The Company reserves the right to terminate your Account and/or any Tea Room Society memberships at any time, with or without cause or notice, which shall be effective immediately. If you wish to terminate your Account, you may contact us using the contact information provided in Section C: Contact Information above. You acknowledge and agree that any orders shipped before such termination are non-refundable.

 

M. Modification

The Company reserves the right to modify any of the terms and conditions contained in these Terms & Conditions at any time, at our sole discretion. We will notify you of any such modifications by posting a notice on the Company Sites promptly following any such modification. Your continued use of the Company Sites or your Account following such notification will be confirmation of your acceptance of such changes, except that the Company will give you prior written notification of material changes to the terms of your Tea Room Society membership and provide you with an opportunity to cancel your Tea Room Society membership. The Company Sites are subject to constant change. You will not be eligible for compensation because you cannot use any part of the Company Sites or because of a failure, suspension, or withdrawal of all or part of the Company Sites.

 

N. Indemnification

You agree to indemnify, defend, and hold the Company and its employees, officers, directors, and shareholders harmless to the fullest extent permitted by law from and against any losses, costs, liabilities, settlements, fines, payments, or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from or attributable to: (i) your misuse of the Company Sites; (ii) anything you post to the Company Sites; (iii) your violation of these Terms & Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Company Sites by any other person accessing the Company Sites using a computer or Internet access account that you provided to such person.

 

O. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSES, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

 

P. Governing Law

These Terms & Conditions and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of Virginia about contracts made and to be performed entirely therein and without regard to its conflict of laws principles.

 

Q. Miscellaneous

  1. Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
  2. Entire Agreement. These Terms & Conditions, our {PRIVACY POLICY} and the terms and conditions that may be posted on the Company Sites or of any promotional offers we make and you accept (“Company Sites Agreements”) constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements, whether written or oral. You confirm that you have not relied on any representation except insofar as the same has expressly been made a representation in these Company Sites Agreements. These Company Sites Agreements, including these Terms & Conditions, shall not be modified other than in writing.
  3. Notices. Unless otherwise specified to the contrary herein, all notices due under these Terms & Conditions shall be in writing and shall be deemed to have been made or given when any such notice is received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed if sent by facsimile or email; or the day after it is sent if sent for next day delivery by a recognized overnight courier service. Electronic notices to us shall be sent to the email address provided in Section C: Contact Information above.
  4. Assignment. These Terms & Conditions are personal to you and your Account. You may not assign these Terms & Conditions without the Company’s prior written consent. The Company may assign any of its rights and delegate any of its duties hereunder at any time, without your consent, at its sole discretion. These Terms & Conditions will benefit the Company’s successors, assigns, and licensors.
  5. Relationship of the Parties. Nothing contained herein will be construed as creating any relationship of employer/employee, partnership, agency, joint venture, or otherwise between you and the Company, nor will these Terms & Conditions be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party.
  6. Force Majeure. The Company shall not be liable for the performance of its obligations under these Terms & Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest or emergency condition, or (iii) any other circumstances beyond the reasonable control of the Company.
  7. Waiver. Any waiver of either party’s rights hereunder must be in writing. No waiver by either party of any breach or default of any of the provisions contained in these Terms & Conditions and required to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or any other provision.
  8. Errors and Inaccuracies. The Company strives to provide accurate, up-to-date information on the Company Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, the Company Sites may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Company Sites.

PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR RECORDS. 

Terms & Conditions Effective as of the Following Date: December, 2023

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