TERMS AND CONDITIONS

Thank you for visiting our site (this “Site”)!  This Site is operated by Xoca World Ltd. (“Company,” “we,” “us” or “our”) and allows you to:  (a) participate in interactive features that we may make available such as, but not limited to, purchasing our Cacao Fruit Sodas and other products (“Product”); (b) register as a user of the Site; or (c) simply view or browse this Site.  These Terms and Conditions (these “Terms and Conditions”) govern your use of this Site, and your agreement is a condition of using the Site.

Note: Xoca World currently delivers to all 48 contiguous states in the United States and does not currently support delivery to AK, HI, or any overseas addresses, including APO addresses.

This is a binding agreement. By using the Site or any services provided in connection with the Site, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time. Company reserves the right to make changes to these Terms and Conditions at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective when specified in the relevant notification to you or, if the change is immaterial, immediately upon posting on the Site. Any use by you of the Site after such revisions shall conclusively be deemed to be acceptance by you of such changes, modifications, additions, or deletions. You agree to review these Terms and Conditions periodically to be aware of such revisions.  If at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site and cease all use.

Subject to the following section on “Age Requirements for Purchases,” registration and participation on the Site is restricted to those individuals at least 13 years of age.

We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. If you are under 13 years of age, do not use the Site. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.

You must be at least 18 years of age to purchase Products on the Site. By agreeing to the terms and conditions during the checkout process and/or by clicking “Pay Now,” you represent and certify that you are at least 18 years of age and are legally able to enter into any and all purchase agreements with Company and its partners, vendors, agents and service providers.

Company shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, Products, hours of availability, and technological requirements needed for access or use. Company shall use its reasonable endeavors to ensure that confirmed orders for Products are not affected by any change or discontinuation made in accordance with this paragraph.

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit to us.

All content on the Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trade mark, and other proprietary rights. In addition, the entire contents of the Site are copyrighted as a collective work under applicable copyright and other intellectual property laws and Company owns the copyright in the selection, coordination, arrangement and enhancement of such content.

All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Company, and/or partner companies.  Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Company and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

To access parts of the Site or some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security, including but not limited to, if you lose your user name or password. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if you have violated any provision of these Terms and Conditions.

You hereby grant to Company a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site (“User Content”), whether by email, uploading or otherwise. You will not be compensated for any User Content.  By sending User Content to us, you warrant and represent that you own the rights to the User Content or are otherwise authorized to distribute, display, perform, transmit, or otherwise distribute User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content.

Company respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Company’s Privacy Policy.  A complete statement of the current privacy policy can be found in Company’s Privacy Policy.  The Privacy Policy is expressly incorporated into this Agreement by this reference.

You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Company or generally available browsers.

You are solely responsible for the content and context of any materials or information you submit through the Site. You warrant and agree that, while using the Site, you shall not upload or transmit to the Site any materials which:

• are unlawful, harmful, defamatory, threatening, harassing, obscene, vulgar,
• hateful, abusive, profane, or invasive of a person’s privacy;
• restrict or inhibit any other user from using and enjoying the Site;
• constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability;
• solicit personal information of/from others;
• contain a virus or other harmful component;
• contain advertising of any kind, including but not limited to, chain letters, pyramid schemes, solicitations or other advertisements;
• contain false or misleading indications of origin or statements of fact;
• include information you are not authorized to disclose (including trade secrets or inside information about a company);
• infringe any third-party rights, including rights under copyright, patent, trade mark or trade secret, or any rights of privacy or publicity;
• impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; or
• Company, in its sole direction, otherwise determines to be offensive.

Company reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of, help identify, or locate anyone transmitting any such content.

You agree that Company has the right, but not the obligation, to monitor, edit, disclose, refuse to post or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site.  If notified, Company may investigate an allegation that content transmitted to us is in violation of these Terms and Conditions and determine whether to have the communication removed.  However, Company is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any such content, including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

Shopping is easy, convenient and secure.  Simply select the Product you want to purchase and the desired flavor and quantity.  When you’ve completed shopping, click the “CHECKOUT” button and follow the instructions to checkout and complete your order. Please note that you may change the contents or edit the quantities of items in your shopping cart until you click “PAY NOW”, after which your order will be processed.  After submitting your order, you will receive an email confirmation with confirmation number.  If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance.

You may track your order by using the tracking number included in the follow up email from Fedex.

Products offered are offered subject to availability.  While we do our best to ensure that product and pricing information is current and complete, Company is not liable for inaccurate information or for any information that has been omitted or is out of date.  Prices for Products are quoted in USD.  Company may, from time to time, offer promotions for shipping and other discounts on product purchases.  We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice.  Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

By entering into any transaction through the Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Site. If (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by Company to deliver the Product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Site to enter into an improper transaction, Company reserves the right to immediately terminate any pending transactions, suspend your access to the Site, and terminate all of Company’s obligations hereunder.

Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless: (x) you notify Company within ten (10) days from date of the applicable transaction that you wish to dispute any charge relating thereto; and (y) that you have made reasonable, good faith efforts to resolve such dispute with Company directly, and such efforts have failed. You can e-mail details regarding your dispute to hello@drinkxoca.com.

If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at hello@drinkxoca.com using your order number.

We are not able to offer refunds currently.

Your right to cancel does not affect your rights as a consumer in relation to any defective or incorrect Products you may receive. If you receive a defective Product or incorrect Product, please contact us immediately at hello@drinkxoca.com with your order number and a description of the problem.

Risk in the Products passes to you upon your receipt (or receipt by someone identified by you) of the Products and, as between you and us, you will be responsible for any loss of, or damage to, the Products from this point onwards.

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners, vendors, and third party providers whose Internet sites may be linked with the Site.  Because neither Company nor the Site has control over the content and performance of these third party sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. These third party sites, and all sites besides this Site, have separate terms and conditions and privacy policies separate from Company’s Terms and Conditions and Privacy Policy. It is your responsibility to review each site’s terms and conditions and privacy policy.

Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Company is not responsible or liable for any damages claimed in connection with content or products available from such external sites.

The Site and all information, content, materials, Products and services included on or otherwise made available to you through the Site are provided by Company on an “as is” and “as available” basis, unless otherwise specified in writing. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, Products or services included on or otherwise made available to you through the Site, unless otherwise specified in writing. You expressly agree that your use of the Site is at your sole risk.

To the full extent permissible by applicable law, Company disclaims all warranties, express or implied.  Company does not warrant that the Site; information, content, materials, Products or services included on or otherwise made available to you through the Site; the servers; or electronic communications sent from Company are free of viruses or other harmful components.  Company will not be liable for any damages of any kind arising from the use of the Site or from any information, content, materials, Products or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, incidental, punitive, lost profits, lost data, and consequential damages, regardless of the foreseeability of those damages.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms and Conditions remain in full force and effect.

You agree to indemnify, hold harmless and, upon request, defend Company and its respective directors, officers, employees, agents, and members from and against all claims and expenses, including attorneys’ fees, arising out of or relating to your browsing or use of this Site, content you transmit to us, your violation of any rights of another, or your breach of these Terms and Conditions, except to the extent arising from Company’s negligent act or omission.  Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Company.

This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois without regard to its conflict of laws provisions. You hereby submit to the jurisdiction of any state or federal court sitting in Cook County in the State of Illinois, in any action or proceeding arising out of or relating to this Agreement and not subject to arbitration, and you further hereby agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You hereby waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought and further waive any bond, surety, or other security that might be required of any party with respect thereto.

The Site is operated by Company from its offices in Ecuador and the United States.

These Terms and Conditions and the Privacy Policy set forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Site, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Site may not be maximized for use on all devices or in conjunction with third party software and operating systems.

If you have any questions or comments regarding these Terms and Conditions or the Site, please feel free to contact us by email at hello@drinkxoca.com.

The operator of this website, Xoca World Ltd. (“Company,” “we,” “us” or “our”), has created this Privacy Policy to explain what information we collect from individuals who access the websites we own and control, such as, but not limited to, www.drinkxoca.com (collectively, the “Site”), and how we use that information. If you have any questions about our Privacy Policy, please contact us using the information provided at the bottom of this Privacy Policy.

For the purpose of the Data Protection Act 1998, the data controller is Xoca World Ltd. whose registered office is at 175 E. Delaware Pl., Chicago, IL, 60611.

This Privacy Policy is incorporated into our Terms and Conditions. We reserve the right to change this Privacy Policy from time to time consistent with applicable law. Changes to our Privacy Policy shall become effective as of the date specified in the relevant notification to you or, in the absence of notification, the date they are posted to this Site. Therefore, we encourage you to visit this section of our Site regularly in order to remain informed of any changes.

To the extent there is a conflict between this Privacy Policy and our Terms and Conditions, the provisions of the Terms and Conditions supersede and control.

You are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Policy when you submit your personally identifiable information through the Site or to us via email or any other means.  If you do not agree to the terms of this Privacy Policy, please exit the Site and do not provide personal information to us through the Site.

To provide you with the products and services that Company has to offer, we request specific personal information (personal data) as detailed below. We value and respect your privacy.

Participation and registration on the Site is restricted to those individuals at least 13 years of age. By registering or participating in services or functions on the Site, you hereby represent that you are at least 13 years of age.

We understand and are committed to respecting the sensitive nature of children’s privacy online.  If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.  If you are under 13 years of age, do not use the Site.

Personal Information: We collect personally identifiable information as a condition of registration at the Site, purchasing our products (“Products”), or subscribing to our mailing list. If you engage in any of these activities on the Site, you may be asked to provide information such as your full name, company name, email address, mailing address, and telephone number.  If you decide to place an order, we will also need to know your shipping and billing address, credit card number, security code, and expiration date. To protect your personal information, customers of Products on the Site must also register with a user name/email address and password. We do not store credit card details nor do we share financial details with any 3rd parties.

Aggregate Demographic Information: Company gathers aggregated demographic information through its tracking of IP addresses and other types of traffic data.  This information is not linked to any personal information that can identify any individual person. Aggregated demographic information may be used by us and shared with third parties in order to provide tailored advertisements on the Site about goods and services that may be of interest to you.

We will process and use personally identifiable information about you for the following reasons or in the following ways:

• For our market research purposes.
• To register you as a user or customer on the Site, and manage and maintain
your account.
• Provide Products and services that you request.
• Process, validate, confirm, verify, deliver and track your purchases (including but not limited to processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone).
• Maintain a record of the purchases you make.
• Respond to your questions and comments and provide customer support.
• Communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you.
• Tailor our Products and services to suit your personal interests and manner in which you use the Site.
• Analyse and enhance our marketing communications and strategies.
• Analyse trends and statistics regarding the user experience when visiting the Site, mobile applications or social media assets, and the purchases you make.
• We need to send the information to third party partners, vendors, agents, or service providers who work on behalf of Company to provide a Product or service for you on our behalf and to provide other related services, including, but not limited to, payment processing, shipping, order tracking, promotional fulfillment, and customer service.
• We need to respond to valid legal process. This includes a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law.
• We deem it necessary to disclose personally identifiable information, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect Company’s rights or interests.
• We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
• For any other purpose or use, provided we have your consent.  

If you do not want us to use your personal information for our marketing purposes, send us an email at hello@drinkxoca.com stating that you withdraw your consent to such use.

If Company sells its subsidiaries or business units, customer information generally is one of the transferred business assets.  Also, in the event that Company or substantially all of its assets are acquired, your customer information will be one of the transferred assets.  If we purchase a business, the personally identifiable information received with that business would be treated in accordance with our Privacy Policy in effect at that time, so long as it is practicable and permissible to do so. If we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personally identifiable information in the same manner required by our Privacy Policy in effect at that time. The provisions of this paragraph will apply also if we are sold as a part of bankruptcy proceedings.

We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) types of operating systems used to access the Site; and (3) types of web browsers used to access the Site (collectively “Traffic Data”).  Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Site.  We also use Google Analytics to track Site traffic (page hits) and view aggregate or anonymous user data.

Third Party Site Cookies: Some of our partners, vendors, agents, and service providers may use cookies on their respective websites to which you may be routed from the Site.  However, we have no access to, or control over, these cookies and do not accept any responsibility for such use.

IP Addresses: We use IP addresses to analyze trends, administer the Site, track traffic patterns, and gather demographic information for aggregate use, as well as in combination with your personally identifiable information for credit fraud protection and risk reduction.

Company may also keep track of Internet Protocol (IP) addresses to troubleshoot technical concerns and to maintain website safety and security. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

The personal information that we collect from you will be transferred to, and stored in, secured databases. By submitting your personal information to us, you agree to this transfer and storing.

Various security measures, such as encryption and passwords, are implemented by us in accordance with industry standards to protect the security of your personal information as well as sensitive information (such as credit card number) both online and offline.

Company stores personally identifiable information in secured databases owned and maintained by Company, but Company’s partners, vendors, agents, or service providers may have access to your personal information. Unless otherwise stated in this Privacy Policy, Company will not lease, sell, share, or otherwise provide your personally identifiable information to other third parties. Personal information is retained for a period of six (6) years from the date of collection.

Unfortunately, despite our security efforts, there is always a risk that third parties may unlawfully intercept transmissions. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.

We may provide links to other websites solely for the convenience and information of our visitors. These websites are not under our control and have their own policies regarding privacy that you may wish to review. Please be aware that we have no responsibility for the privacy practices of such other websites. This Privacy Policy applies solely to information collected by this Site. Company makes no guarantees about the accuracy, currency, content or quality of the information provided by such third party websites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. Please review the privacy policy of the other website before using such website.

For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. Company does not control the user-posted content on its social media homepages and is not responsible for any third party use of your personal information that you have posted, transmitted or otherwise made available there.

If a registered account holder’s information changes or a registered account holder wishes to terminate his or her account, Company will correct, update, or remove that user’s personal information from its database, upon receipt of notification from the registered account holder. Account holders may update information or terminate their account under their account settings or by emailing us at hello@drinkxoca.com.

A user who has submitted his or her information in order to join our mailing list may choose to unsubscribe from any future communications by clicking on the “unsubscribe” feature within the email communication.

Company reserves the right to cancel a customer or user’s account at any time, in its sole discretion.

For any reason and at any time, you may contact us at the following address: hello@drinkxoca.com.