TERMS OF SERVICE

Effective Date: February 28, 2021

 

Thank you for shopping at rwandabean.com. We invite you to explore our product offerings and related materials presented on our website (which we collectively call the “Service”), but please note that your invitation is subject to your agreement with these Terms of Service, so please review these carefully.

 

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Agreement of Terms

These provisions, including terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings or promotions (all of which we collectively refer to as the “Terms”), is a contract between our Customer and Rwanda Bean Company LLC., the provider of the Service (which we refer to in these Terms as “Trade,” “we” or “us”). Rwanda Bean’s “Customer” is either (i) the individual user of the Service or (ii) a business or organization, where an individual initiates an account on behalf of that business or organization, providing an email address using the domain of such business or organization. When we refer to “you” in these Terms, we are referring to the Customer. If you are creating an account for a business or organization, you are representing and warranting to us, on behalf of the Customer, that you have the authority to bind the Customer to these Terms. By using the Service, you acknowledge that you have read and understand, and agree to be bound by, these Terms and our Privacy Policy. If you do not agree to be legally bound by these Terms and our Privacy Policy, do not use the Service.

 

Modification of These Terms

We may change, add or delete portions of these Terms at any time, at our sole discretion, as new features, technology, or legal requirements arise, so please check back from time to time. You may always determine if the Terms have changed by checking the Effective Date at the top of these Terms, and it is your responsibility to do so before using the Service. We will use reasonable efforts to notify you of any material changes by posting notice of the changes on the Service website, and/or, in our sole discretion, by email or other means. If we update these Terms, you are free to decide whether to accept the updated terms or to stop using the Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. See Termination of Account for instructions on how to terminate your account. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.

 

Use of the Service

You may use the Service only in accordance with and subject to these Terms if you are at least 18 years old. In order to order any product from us, you must provide certain information to complete a purchase and/or establish an account. It is your obligation to ensure that all of the information, data, and other materials you provide us in connection with the Service are true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password. You are responsible for all activities that occur under your account or password, whether or not you know about or authorize them. You agree to immediately notify us in the event of any unauthorized use of your account or other breaches of security. Use of the Service is void where prohibited by law.

Rwanda Bean LLC utilizes various skilled third-parties (“ Service Providers”) to provide technical or other services relating to all or part of our fulfillment of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. Please see our Privacy Policy to understand the extent to which any third-party may have access to Customer Information.

 

Shipping + Order Fulfillment

Rwanda Bean orders are fulfilled within 3 Business Days during Rwanda Bean store hours open Tuesday - Saturday from 7 AM - 2 PM or approx. 72 hours from the time the order was received. All orders are packaged and fulfilled by hand. If an error has been made, we apologize for the inconvenience. Email us at SUPPORT@RWANDABEAN.COM or send a message on the Rwanda Bean chat box located in the lower right corner of the website. We will ship the correct items at our earlier convenience.

Most Rwanda Bean products ship via USPS® Priority Mail® (1 to 3 days) for standard shipping within the United States. The customer places an order and pays the shipping costs.

With Rwanda Bean, we offer free local delivery and in-store pick up to customers with shipping addresses in Portland, South Portland, and Cape Elizabeth, Maine with zipcodes including 04101, 04102, 04103, 04104, 04105, 04106, and 04107.

Additional special shipping charges may apply to orders on a case-by-case basis. Any special shipping charges will be noted during checkout.

Rwanda Bean does not cover return shipping for refunds. Rwanda Bean terms, eligibility, and timing are subject to change without notice.

 

Product Descriptions

Rwanda Bean uses reasonable efforts to display the products listed for sale via the Service as accurately as possible. However, Rwanda Bean does not warrant those product descriptions or other content are accurate, complete, reliable, current, or error-free, as we rely upon our vendor partners to provide information regarding their products. If a product offered by Trade is not as described, please contact us at your earliest opportunity at SUPPORT@RWANDABEAN.COM and we will endeavor to find an acceptable solution. However, your sole remedy, if we cannot find a solution, is to return the product in accordance with our Terms.

 

Product Availability

All offered products on the Rwanda Bean website are subject to availability. Rwanda Bean reserves the right to change the items offered via the Service at any time and without notice. The Service may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly and without notice. If a product is not available for shipping promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. Rwanda Bean is not liable if products are not in stock or otherwise not available.

 

Third-Party Product Warranties

Certain products offered by the Service may include a warranty from the manufacturer of such product, in which event you may be entitled to receive protection against any defect or other covered issue with such product, from such manufacturer. You may contact us at SUPPORT@RWANDABEAN.COM for information regarding the third-party manufacturer, and Rwanda Bean will use reasonable efforts to assist you; however, Rwanda Bean has no liability with respect to any product warranty provided by a third party, and you must seek any recovery or other benefit covered by such a third party warranty directly from such third party.

 

Gift Cards and Promotions

Rwanda Bean may from time to time offer certain Gift Cards or promotional events or opportunities which are subject to our Terms and may also be subject to specific rules or terms relating to the particular Gift Card or promotion.

 

Text Messages

You may elect to receive certain messages from Rwanda Bean at your mobile phone number, including messages to (1) provide you with information you requested from Rwanda Bean; (2) inform you of Rwanda Bean products, services, marketing, or promotional offers that may be of interest to you; (3) to respond to your inquiries regarding your account or purchases from Rwanda Bean; and/or (4) provide you with the ability to reorder, receive new product recommendations, and status updates regarding your orders. If you provide us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is without charge from Rwanda Bean but charges from your carrier for text, data or other usages may apply and you are responsible for all such charges. If you enroll to receive texts from us, you acknowledge and agree to be bound by the following terms:

You represent and warrant to us that you are authorized: (i) you are the owner of the mobile phone number you designate in Rwanda Bean's system to receive communications from Rwanda Bean via Short Message Service or text (" Texts"), and (ii) you are solely responsible for any mobile message or data charges that may be incurred by communicating with us via Texts. You may register to receive Texts by entering and submitting your phone number in the provided submission form available on our website or purchases in our retail stores via Square, INC. By entering your phone number and/or by confirming your desire to receive Texts from us, you consent to these terms and to receive text message communications from Rwanda Bean as described herein. A text message will be delivered to the mobile number you provided confirming your enrollment once you have submitted your phone number. You are responsible for managing the types of texts (whether SMS or MMS) you receive.

By subscribing to receive Texts, you expressly consent and agree to accept and receive information regarding products you order. With your consent, we may also use automated or non-automated technology to send you additional promotional communications via text message to the cellular/mobile telephone number that you provide to us. You understand that you are not required to receive promotional text messages as a condition of purchasing goods or services from Rwanda Bean. The information in any message may be subject to certain time lags and/or delays.

We may send you an initial message confirming that we have received your opt-in. After that, the number of Texts you receive will vary depending upon how you use our Service and whether you take steps to generate additional Texts from us (such as by sending a HELP request).

By agreeing to receive Texts, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at SUPPORT@RWANDABEAN.COM with "Revoke Electronic Consent" in the subject line.

To view and retain a copy of this disclosure or any information regarding your election to receive Texts, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at SUPPORT@RWANDABEAN.COM with contact information and the address for delivery.

In order to cease receiving Texts, you may unsubscribe by replying STOP, QUIT, CANCEL, UNSUBSCRIBE, and/or END to any text message you receive or contacting Trade Customer Service by email at SUPPORT@RWANDABEAN.COM. You consent that following such a request to unsubscribe, you may receive one (1) final message from Trade confirming that you have been inactivated in our system. Please allow up to three (3) business days to process your request. Following such confirmation messages, no additional text messages will be sent to you unless you re-activate your subscription to receive messages.

By subscribing to receive Texts, you approve any message, voice, and data charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).

Rwanda Bean is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.

You acknowledge and agree that the Texts may be provided in some cases through automatic telephone dialing technology, an artificial voice, or a pre-recorded voice. By subscribing to receive Texts, you expressly consent to receive the Texts through automatic dialing technology, artificial and pre-recorded voice to the telephone or cell phone number you have provided to us.

Rwanda Bean reserves the right, in its sole discretion, to cancel or suspend any or all of the Texts, in whole or in part, for any reason, with or without notice to you.

 

Feedback

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at SUPPORT@RWANDABEAN. You acknowledge and agree: (i) Feedback does not contain confidential or proprietary information; (ii) Rwanda Bean is not under any obligation of confidentiality, express or implied, with respect to any Feedback; (iii) Rwanda Ben shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, including without limitation any and all reviews, suggestions, designs, concepts, photographs, testimonials and other items or materials (except for your personal information which is handled in accordance with our Privacy Policy); (iv) Rwanda Bean may already have under consideration or in development ideas similar to or the same as such Feedback; (v) your Feedback automatically becomes Rwanda Bean's property without any obligation to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Rwanda Bean under any circumstances. To be clear, Rwanda Bean shall be entitled to utilize all Feedback in any way without restriction or obligation to you including, without limitation, in for advertising, promotional, product development or other commercial purposes. Without limiting these rights, you hereby grant Rwanda Bean a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. You agree that Rwanda Bean is under no obligation to review or use any Feedback (including any messages) posted on or sent through the Service by you or any third party and assumes no responsibility or liability relating to any such Feedback. Rwanda Bean, in its sole discretion, may monitor, not post, or remove any Feedback.

 

Subscription Membership

Some of the Paid Services, such as Coffee Subscriptions, Bulk Subscriptions, and Gift Subscriptions (“Subscription”) may consist of an initial period for which there is a one-time charge, followed by recurring period charges as agreed by you.

Automatic Renewal Terms

By ordering a Subscription, you agree to pay the applicable price and any other recurring charges upon each auto-renewal date, until you terminate your Subscription in accordance with the Services.

Subscriptions may not be canceled or modified after an upcoming shipment has been processed, in accordance with individual Supplier roasting and shipping schedules, up to 7 days prior to customer order date.

Subscription cancellations and modifications will be applied to the next date for which a customer’s order has not already been processed.

IF YOU WISH TO CANCEL OR MODIFY AUTOMATIC RENEWAL, OR OTHERWISE MODIFY YOUR SUBSCRIPTION, YOU CAN DO SO UP TO 7 DAYS BEFORE YOUR ORDER RENEWS OF BY EMAILING US AT DANIELLE@RWANDABEAN.COM, CALLING US AT 1 (207) 536-1312 DURING NORMAL BUSINESS HOURS. SOME SUBSCRIPTION MODIFICATIONS, NOT INCLUDING CANCELLATION, MAY BE AVAILABLE THROUGH YOUR ACCOUNT.

 

Product Selection

Based on the Paid Services you select, you may receive recurring shipments of a single type of coffee (Auto-Reorder) or you may receive a rotating selection of coffees from among the current and future range of Rwanda Bean's coffee product catalog. You will be asked to specify one or more Subscriptions when placing your order and may reference your order receipt or personalized homepage for a list of currently active Subscriptions.

From time to time, coffees may become temporarily or permanently removed from the Rwanda Bean catalog based on seasonality or other factors. In the event a coffee you have selected as part of a Subscription becomes unavailable, Rwanda Bean may at its sole and exclusive option elect to send you a substitute coffee, the price of which will not exceed the price of the originally specified. In all instances, the customer will be charged the price of the coffee as listed on Rwanda Bean's website at the time the coffee is shipped.

 

Shipping Variability

Rwanda Bean will use reasonable efforts to place and fill your Subscription orders within 72 hours or 3 business days of receiving the order. Shipping carrier selections and delays, and other factors beyond Rwanda Bean's control, actual delivery intervals for Subscription orders may vary by several days.

 

Pricing and Billing

Please note that if your Coffee Subscription includes a discounted price for a promotional period, once the promotional period expires, your Subscription will renew at the full price.

As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this Application, you hereby authorize, agree and assent to Rwanda Bean automatically billing your credit card submitted as part of the order process for such amounts that are due. Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to sign up for the Subscription. As part of this recurring Subscription, you will be charged the price listed on Rwanda Bean's website, for each coffee in your order, at the time each coffee is shipped.

 

Limited License

Subject to these Terms, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Service by displaying the content provided therein via your internet browser or device only for the purpose of shopping for personal items sold via the Service and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms shall immediately revoke the license granted in this paragraph without notice to you.

 

Use Restrictions

You may not use the Service for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of Trade or others. Notwithstanding any other rights or restrictions in these Terms, you may not use the Service to: (i) transmit via or through the Service any information, data, text, images, files, links or software except in connection with your authorized use of the Service or otherwise in response to specific requests for information by us; (ii) introduce to our Site or any connected system or equipment any computer or website virus, worm, Trojan horse and/or harmful code; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person, including but not limited to, a registered user of the Service or an employee of Trade; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false email address or mobile phone number; (vii) tamper with or obtain access to our websites or connected system, or any component of any of them; (viii) conduct fraudulent activities; (ix) collect or harvest information regarding another user of the Service for any reason whatsoever, including, without limitation, for sending such user unsolicited commercial email; (x) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rwanda Bean or any of Rwanda Bean's providers or any other third party (including another user) to protect the Service or Customer Information; (xi) attempt to access or search the Service or Customer Information or download Customer Information from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like); (xii) send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; or (xiii) attempt to probe, scan or test the vulnerability of any Rwanda Bean system or network or breach any security or authentication measures.

 

Customer Information

Ownership

You permit Rwanda Bean to access, process and use a variety of data when you use the Service. In order to purchase any product, you must provide us certain personal information, including your name, physical and or email addresses, financial information, and you may elect to provide us with your mobile telephone number (collectively, the “Customer Information ”). As between Customer and Rwanda Bean, Customer shall be deemed the owner of the Customer Information, subject only to the Operations License expressly granted by you to us in these Terms. For more information about the Customer Information we obtain and how we use it, please see our Privacy Policy.

You are solely responsible for all your Customer Information. You represent and warrant that you own all your Customer Information, or you have all rights that are necessary to grant us the Operations License under these Terms. You also represent and warrant that neither your Customer Information, nor your use and provision of your Customer Information through the Service, nor any use of your Customer Information by Rwanda Bean on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Protecting Customer Information

The protection of Customer Information is a top priority for us, so we have implemented and will maintain administrative, physical, and technical safeguards designed to prevent unauthorized access, use, modification, deletion, and disclosure of Customer Information by our personnel. We will endeavor to only share Customer Information, in accordance with our Privacy Policy, only with third-parties that contractually agree to reasonable data practices for maintaining the confidentiality and security of Customer Information and preventing unauthorized access. However, Customer acknowledges and agrees that Customer and not Rwanda Bean bears sole responsibility for adequate security, protection, and backup of Customer Information in the possession or control of Customer, or when Customer chooses to use unencrypted gateways to connect to the Service.

 

Termination of Account

You may elect to terminate your account with the Service at any time by logging into your Customer Account or contacting SUPPORT@RWANDABEAN.COM. If we believe that you have violated these Terms, we reserve the right to terminate your account with or without prior notice.

 

Claims of Copyright Infringement

Rwanda Bean respects the intellectual property of others, and we ask our users to do the same. Rwanda Bean may, at its discretion, disable and/or terminate the accounts of users of the Service who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Rwanda Bean with the following information (to be effective, the notification must be in writing and provided to our Copyright Agent at the address below):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Service;
4. your address, telephone number, and, if available, an email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

Rwanda Bean's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email: SUPPORT@RWANDABEAN.COM

Rwanda Bean may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

 

International Access

The Service may be accessed from countries other than the United States, but Rwanda Bean does not currently ship any products outside of the United States.

 

Disclaimer; Limitation of Liability

Although many studies have indicated that consuming coffee may be beneficial to your health, we are aware that coffee may cause allergic or other medical problems for some people, and that scientific studies may yet uncover other characteristics that are undesirable, at least for some people. Rwanda Bean encourages you to make your own determination about whether consuming coffee is appropriate for you, and we encourage you to prepare coffee in a way that will not cause you any harm. Your decisions are your own responsibility, and Rwanda Bean Company LLC disclaims any responsibility or liability with respect to any adverse consequences you, or anyone with whom you may share your coffee, experiences.