Terms & Conditions

Effective Date: April 2026  ·  Last Updated: April 2026

1. Introduction & Acceptance of Terms

These Terms and Conditions (the “Terms”) form a legally binding agreement between you and ECS Coffee Inc. (“ECS Coffee”, “we”, “our”, or “us”), a Canadian corporation with its head office in Ontario, Canada. These Terms govern your access to and use of our website at www.ecscoffee.com, any regional or replacement site (including any United States site), our mobile applications, our social media accounts (including Facebook, Instagram, X, Pinterest, TikTok, LinkedIn, and YouTube), our email and SMS communications, and any other online service, application, or channel operated by ECS Coffee (collectively, the “Site” or “Services”).

By accessing or using the Site, placing an order, creating an account, or otherwise engaging with our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use the Site.

2. Definitions

For the purposes of these Terms:

• “AI” or “Artificial Intelligence” means any software or system designed to generate content, make decisions, or take actions autonomously or semi-autonomously, including but not limited to large language models (LLMs), machine learning systems, generative AI, AI agents, and autonomous browsing agents.
• “Content” means all text, images, photographs, videos, audio, graphics, product descriptions, reviews, logos, and other material appearing on the Site.
• “Order” means any request placed by you to purchase goods or services through the Site.
• “User” or “you” means any individual accessing or using the Site, whether or not registered.
• “User Content” means any Content you submit to or through the Site, including product reviews, ratings, questions, comments, photos, and communications.

3. Eligibility

You must be at least eighteen (18) years of age, or the age of majority in your province, state, or country of residence, whichever is greater, to use the Site or place an Order. If you are under the age of majority, you may use the Site only with the involvement and consent of a parent or legal guardian, who will be responsible for your activity.

You represent and warrant that you have the legal capacity to enter into these Terms and to be bound by them.

4. Account Registration & Security

You may browse the Site without an account, but you must create an account to place Orders, participate in the Brew Bucks Rewards Program, save wish lists, or access certain other features.

When creating an account, you agree to provide accurate, current, and complete information and to keep that information up to date. You are responsible for maintaining the confidentiality of your username, password, and any other credentials used to access your account, and for all activity that occurs under your account.

You agree to notify ECS Coffee immediately of any unauthorized use of your account or any other security breach by emailing webdesk@ecscoffee.com. ECS Coffee is not liable for any loss or damage arising from your failure to comply with these obligations.

5. Rules of Use & Prohibited Conduct

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Site by any third party. Without limiting the foregoing, you agree not to:

• Use the Site in any way that violates any applicable federal, provincial, state, local, or international law or regulation;
• Attempt to access any area of the Site that you are not authorized to access, or access the Site by any means other than the interface provided by ECS Coffee;
• Interfere or attempt to interfere with the proper working of the Site or any of its features or links;
• Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
• Reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying technology of the Site;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
• Use the Site to defame, harass, stalk, threaten, or otherwise infringe the rights of any person;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Collect, harvest, or scrape any information about other users or their orders, addresses, payment details, or communications;
• Use the Site or any Content for any commercial resale, redistribution, or competitive purpose without our express written consent.

6. Automated Access, Bots & AI Agents

This section applies to all automated access to the Site, including access initiated on your behalf by an AI agent or autonomous browsing tool.

Except as expressly permitted below, you may not use, and may not authorize any AI agent, bot, script, crawler, spider, scraper, or other automated system to use, the Site to:

• Place Orders, add items to a cart, or complete a checkout;
• Purchase limited-quantity, promotional, or clearance items with the intent of reselling them;
• Circumvent quantity limits, price restrictions, or geographic restrictions;
• Monitor pricing, inventory, or availability for competitive purposes;
• Access any part of the Site at a rate that exceeds normal human use, or in a manner that degrades Site performance for other users;
• Bypass any technical measures we use to restrict or control access, including CAPTCHAs, rate limits, or robots.txt directives;
• Interact with our staff, chat, email, or phone systems in an automated way that misrepresents itself as a human user.

Permitted automated access. You may use conventional search-engine crawlers (such as Googlebot, Bingbot, and DuckDuckBot) that comply with our robots.txt file, and you may use accessibility assistive technologies (such as screen readers). AI agents acting on behalf of an individual consumer for personal shopping (for example, browsing product information or comparing prices) may access publicly available product pages, provided they identify themselves via a User-Agent string, respect our robots.txt file and rate limits, and do not place Orders or take other transactional actions without the explicit, real-time authorization of the human user on whose behalf they act.

We reserve the right to block, throttle, or cancel any access, session, or Order that we reasonably believe originates from unauthorized automated activity, and to cancel any Order procured in violation of this section.

7. Prohibition on AI/LLM Training, Text and Data Mining

The Content on the Site — including product descriptions, images, photographs, curated collections, editorial copy, blog posts, brand pages, guides, videos, and any original text or media created by or for ECS Coffee — is protected by copyright and other intellectual property rights and is provided solely for the personal, non-commercial purposes described in these Terms.

You may not, and may not permit or enable any third party to:

• Use any Content, in whole or in part, to train, fine-tune, evaluate, benchmark, ground, retrieve-augment, or otherwise develop or improve any AI model, machine learning system, large language model, generative AI system, or dataset intended for any of those purposes;
• Perform text and data mining (TDM), automated extraction, or systematic collection of Content, whether for research, commercial, or any other purpose;
• Reproduce, ingest, index, or store the Content in any database, corpus, embedding, vector store, or model weights, other than the transient caching required for ordinary browsing;
• Sell, license, or otherwise commercialize any dataset, embedding, or derivative work created from Content on the Site.

Express reservation of rights. ECS Coffee expressly reserves all rights in the Content, including without limitation the rights under sections 3 and 15 of the Canadian Copyright Act (RSC 1985, c C-42), Article 4 of Directive (EU) 2019/790 (the DSM Directive) and equivalent reservations in the United Kingdom, the United States, and any other jurisdiction that recognizes an opt-out from text and data mining. This paragraph constitutes an express, machine-readable and human-readable reservation of rights against text and data mining and AI training uses.

Nothing in this section permits any use that would otherwise be prohibited under applicable copyright law. This section applies notwithstanding any general permission elsewhere in these Terms to browse or download Content for personal use.

8. Product Information, Pricing & Availability

All prices displayed on the Site are shown in the currency indicated. If you shop on our Canadian site, prices are in Canadian dollars (CAD). If you shop on our United States site, prices are in United States dollars (USD). Where the applicable currency cannot be determined from your location or session, prices default to Canadian dollars, and we reserve the right to confirm the correct currency prior to accepting your Order.

Products displayed on the Site may be available online, in one or more of our Ontario retail locations (Burlington, Ancaster, and Toronto/Etobicoke), or both. Products, prices, and offers displayed on the Site are subject to change at any time, with or without notice. In-store pricing and availability may differ from Site pricing, and in-store terms will govern in-store transactions.

We take reasonable care to ensure that all product information — including descriptions, specifications, images, and prices — is accurate. However, product listings may occasionally contain typographical errors, technical inaccuracies, or omissions. We reserve the right to correct any such error and to change or update information at any time without prior notice, including after an Order has been placed.

Product images are provided for illustration and may not exactly reflect the appearance of the product delivered. Colour, packaging, and included accessories may vary from what is shown. Where a discrepancy would be material to your purchase, please contact us before ordering.

9. Orders, Payment & Order Acceptance

Your placement of an Order through the Site constitutes an offer to purchase the items selected by you on the terms displayed at the time of Order. We may accept or reject your offer in our sole discretion. Your Order is not accepted until we ship the products or, where the Order is fulfilled from an in-store location, until we tender the products to you. An Order confirmation email is an acknowledgement of receipt, not an acceptance.

Where we detect a pricing error, out-of-stock condition, suspected fraud, unauthorized automated activity, or a violation of these Terms, we may cancel your Order in whole or in part, or contact you to confirm whether you wish to proceed on the corrected terms. If we cancel a paid Order, we will refund the corresponding amount to your original payment method.

Payment. You agree to provide accurate, current, and complete billing and payment information, and to comply with the terms of any payment provider you use (including Shopify Payments, Visa, Mastercard, American Express, PayPal, Apple Pay, Google Pay, Shop Pay, and any “buy now, pay later” provider such as Sezzle). You are responsible for all charges incurred through your account, all applicable taxes, and any fees imposed by your card issuer or bank, including foreign currency conversion fees.

Fraud prevention. We may use manual and automated tools, including third-party fraud-detection services, to assess Orders and payments. We may decline Orders that fail these checks, and we may request additional verification (such as government-issued identification or confirmation of the billing address) before processing.

10. Shipping, Returns, Warranties & Service

Shipping, return, exchange, extended warranty, and machine service and repair terms are set out in separate policies published on the Site and are incorporated into these Terms by reference:

• Shipping & Orders
• Returns & Exchanges
• Warranty Info
• Extended Warranty
• Machine Service & Repair
• Price Match Policy

Manufacturer warranties (where applicable) are provided by the product manufacturer on the manufacturer’s terms, and are separate from any rights you may have under applicable consumer protection legislation, including the Consumer Protection Act, 2002 (Ontario) and the Sale of Goods Act (Ontario). Nothing in these Terms limits any non-excludable statutory rights.

11. Brew Bucks Rewards Program

The ECS Coffee Brew Bucks Rewards Program (the “Program”) is operated by ECS Coffee together with our loyalty platform provider, Smile.io, and is available only to legal residents of Canada aged eighteen (18) or older. By enrolling, you agree to these Terms and to the specific Program terms set out below.

11.1 Enrolment

Membership is free. There is a limit of one membership per individual. You may enrol in-store by providing your email, name, and phone number to a store associate, or online at ecscoffee.com/account/register and opting in via the Rewards prompt. Points are tracked to the email address on your account. Contact us to update your email; other technology for enrolment may be offered from time to time.

11.2 Earning Brew Bucks

Members earn one (1) Brew Buck per CAD $1 spent online, and two (2) Brew Bucks per CAD $1 spent in-store. Points are calculated on the net amount paid for products, rounded up to the nearest whole dollar, and exclude taxes and shipping. Bonus point offers, review points (up to three reviews per month, thirty points each, subject to review guidelines), social-media bonuses, and promotional multipliers may apply from time to time; the specific promotional terms in effect at the time of the transaction will govern.

Points have no cash value, cannot be transferred, and can only be redeemed for Program rewards. Points cannot be applied against taxes or shipping.

11.3 Redemption

Rewards must be selected and converted from your points balance; conversion is not automatic. Only one reward may be applied to a single Order. Rewards may be redeemed at checkout online (using the discount-code field) or in-store. Rewards are not applicable to recurring subscription Orders, though points continue to accrue on such Orders.

11.4 Returns and refunds

If we accept a return of a product for which points were earned, the corresponding points will be reversed. Where a reward was applied to the returned Order, the reward value will be forfeited or, at our discretion, restored to your account.

11.5 Point expiration

To keep your account active, your points must show activity (either earning or redemption) within any twenty-four (24) month period. Between thirty (30) and sixty (60) days before expiration, we will send an email to the address on your account. Points not preserved by activity by the notified expiration date will be cancelled. Your account will remain open and you may reactivate it by earning new points; cancelled points cannot be restored.

11.6 Program changes and termination

We may modify, limit, suspend, or terminate the Program, or amend these Program terms, at any time. Material changes will be posted on the Site and, where practical, communicated to the email address on your account. Your continued participation after a change constitutes acceptance of the change. If a change materially increases your obligations or reduces ours and you do not accept it, you may close your account without cost or penalty. Members may leave the Program at any time by contacting customer service; on termination for any reason, unredeemed rewards and unspent points are forfeited. We may terminate your Program membership for abuse, fraud, manipulation, or other conduct detrimental to ECS Coffee, in which case rewards and points are also forfeited.

12. User Submissions, Reviews & Feedback

You may be able to submit product reviews, ratings, questions, photos, comments, or other content to the Site (“User Content”). By submitting User Content, you represent and warrant that:

• You own or otherwise have all necessary rights to the User Content and to grant the licence set out below;
• The User Content is your own honest experience, is not misleading, and does not violate any law;
• The User Content does not infringe or violate the intellectual-property, privacy, publicity, or other rights of any person;
• The User Content is not defamatory, obscene, hateful, harassing, deceptive, or otherwise objectionable;
• You have not been paid, offered a discount, or otherwise compensated by any third party in exchange for the review, unless that fact is disclosed in the User Content itself;
• You are not a competitor of ECS Coffee or of the reviewed product.

Licence to ECS Coffee. You grant ECS Coffee a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, publicly perform, and create derivative works from your User Content, in any media now known or later developed, for any purpose related to ECS Coffee’s business, including marketing and advertising, without any obligation of compensation, attribution, or notice to you.

We may, but are not obligated to, review, edit, or remove any User Content, at any time and for any reason, including where we believe it violates these Terms.

Unsolicited ideas. Our policy is not to accept unsolicited ideas about new products, marketing, packaging, or business concepts. If you send us such an idea, you agree that it is submitted on a non-confidential, non-proprietary basis and that we may use or refuse it without obligation to you.

13. AI-Generated Content in Submissions

If any portion of your User Content was generated, assisted, or materially edited by an AI system, you must clearly and prominently disclose that fact within the User Content itself.

You may not submit User Content that:

• Is a wholly or substantially AI-generated product review presented as your genuine personal experience;
• Depicts a product, person, event, or endorsement that has been fabricated, deepfaked, or materially altered by AI in a manner that could mislead other customers;
• Impersonates another person, including any real customer, ECS Coffee employee, celebrity, or brand representative;
• Was generated by a bot, script, or AI system operating without the intent of a genuine consumer to share honest feedback.

We may remove, and permanently ban submitters of, User Content we reasonably believe to be AI-generated in violation of this section. We may use automated detection tools as one input into that assessment; we do not represent that such tools are perfectly accurate.

14. Our Use of AI in the Services

From time to time, we may use AI systems to help operate our business — for example, to draft product descriptions, respond to customer inquiries by chat or email, translate content, summarize or triage support requests, generate product recommendations, detect fraud, moderate reviews, or improve site search. Where we do so, we aim to disclose the material use of AI in the affected interaction (for example, by identifying an automated chat assistant as such).

Content generated or assisted by AI may contain errors, inaccuracies, or omissions. Recommendations, guidance, and summaries generated with the assistance of AI are provided for convenience only and do not constitute professional advice. You should verify important information (including product specifications, compatibility, pricing, and stock status) with a member of our team or with the product manufacturer before making a purchasing decision that depends on it.

No decisions solely by automated means with significant effects. We do not make decisions about you that produce legal or similarly significant effects solely on the basis of automated processing without meaningful human involvement, except where permitted or required by law. If you have questions about how we use AI in relation to your account or purchase, contact us at webdesk@ecscoffee.com.

15. Intellectual Property & Personal-Use Licence

All Content on the Site — including text, images, photographs, graphics, video, audio, page layouts, code, and the selection and arrangement of the Content — is owned by ECS Coffee or used with the permission of the applicable rights holder, and is protected by Canadian and international copyright, trademark, and other intellectual-property laws.

Limited licence. Subject to these Terms, ECS Coffee grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and view the Site, and to download or print a single copy of Content solely for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Any other use — including reproduction, republication, uploading, posting, transmission, distribution, modification, sale, or use for training or evaluation of AI systems — is prohibited without our prior written consent.

No title, right, or interest in any Content is transferred to you as a result of accessing, downloading, or otherwise using the Site.

16. Trademarks

“ECS Coffee”, the ECS Coffee logo, “Brew Bucks”, “1.21” and “I.XXI” (our in-house roasting brand) and related word marks, logos, and slogans are trademarks of ECS Coffee Inc. Third-party trademarks, service marks, trade names, and logos appearing on the Site (including brands such as Breville, De’Longhi, KitchenAid, Jura, Fellow, La Marzocco, Lelit, Rocket, Smeg, Moccamaster, and others) are the property of their respective owners and are used with permission or as an authorized reseller.

Nothing on the Site should be construed as granting any licence or right to use any trademark without the prior written permission of its owner.

17. Third-Party Sites, Content & Services

The Site may contain links to, or integrate with, third-party websites, applications, and services (for example, payment processors, shipping carriers, review platforms, social-media platforms, and the courier tracking site https://kwiksavecourier.com/tracking/). Those third parties are independent of ECS Coffee and are governed by their own terms and privacy policies. We do not endorse and are not responsible for the content, availability, security, or practices of any third-party site or service.

Your dealings with any third party accessed through or advertised on the Site — including the manufacturer of any product — are solely between you and that third party.

18. Copyright Complaints

ECS Coffee respects the intellectual property of others and expects the same of users of the Site. If you believe that any Content on the Site infringes your copyright, please send a written notice to our copyright agent at the address below that includes:

• Your name, mailing address, telephone number, and email address;
• A description of the copyrighted work you claim has been infringed;
• A description and URL of the material on the Site that you claim is infringing;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury (or the equivalent under applicable law), that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;
• Your physical or electronic signature.

Copyright complaints: webdesk@ecscoffee.com — subject line: “Copyright Complaint”.

19. Malware, Viruses & Security

We take reasonable steps to secure the Site, but no online system can be guaranteed to be free from vulnerability. You are responsible for maintaining current antivirus software and appropriate security controls on your own devices.

To the maximum extent permitted by law, ECS Coffee is not responsible for any damage to, or virus that may infect, your computer, mobile device, or other property on account of your access to, use of, or browsing of the Site, or your downloading of any material from the Site.

20. Warranties Disclaimer & Limitation of Liability

As-is. Except as expressly stated in a written manufacturer warranty, an ECS Coffee extended warranty, or an applicable non-excludable consumer protection statute, the Site and all Content are provided “as is” and “as available”, without warranties or conditions of any kind, whether express, implied, or statutory. ECS Coffee expressly disclaims all implied warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade.

No guarantee of accuracy or availability. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that the Content is accurate, complete, current, reliable, or suitable for any particular purpose.

Limitation of liability. To the maximum extent permitted by applicable law, ECS Coffee and its affiliates, officers, directors, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to your use of, or inability to use, the Site or any Content, whether based on contract, tort (including negligence, gross negligence, and negligent misrepresentation), strict liability, statute, or any other legal theory, and whether or not ECS Coffee was advised of the possibility of such damages.

Aggregate cap. To the maximum extent permitted by applicable law, the total aggregate liability of ECS Coffee to you for any and all claims arising out of or relating to these Terms or your use of the Site will not exceed the greater of: (a) the amount paid by you to ECS Coffee for the specific product or service giving rise to the claim in the six (6) months preceding the event that gave rise to the claim; and (b) one hundred Canadian dollars (CAD $100).

Consumer rights. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, some of the above limitations may not apply to you, and our liability will be limited to the greatest extent permitted by law. Nothing in these Terms limits any rights you may have as a consumer under the Consumer Protection Act, 2002 (Ontario), the Sale of Goods Act (Ontario), the Competition Act (Canada), or any other applicable non-excludable law.

21. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ECS Coffee, its affiliates and related companies, and their respective officers, directors, employees, agents, and licensors, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your breach of these Terms or of any representation or warranty made by you;
• Your use of, or inability to use, the Site or any Content;
• Any User Content you submit;
• Your violation of any law or the rights of any third party;
• Any unauthorized use of your account.

You agree to promptly notify ECS Coffee of any claim covered by this indemnity, to cooperate reasonably in the defence of the claim, and not to settle any claim without our prior written consent. ECS Coffee reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

22. Privacy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at ecscoffee.com/pages/privacy-policy, which is incorporated into these Terms by reference. Please review it carefully.

ECS Coffee complies with applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA), and, where applicable, provincial privacy laws such as Quebec’s Act respecting the protection of personal information in the private sector (Law 25). By using the Site, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

23. Accessibility

ECS Coffee is committed to providing a website and services that are accessible to persons with disabilities. Our approach to accessibility is described in our Multi-Year Accessibility Plan and Accessible Customer Service Policy, available on our Accessibility page. If you experience an accessibility barrier on the Site, please contact us so we can address it. See ecscoffee.com/pages/accessibility-policy.

24. Electronic Communications & Canadian Anti-Spam Law (CASL)

By creating an account, placing an Order, subscribing to our newsletter, or opting in to our SMS program, you consent to receive electronic communications from ECS Coffee. These may include transactional messages (such as Order confirmations, shipping updates, service notifications, and account alerts) and, where you have opted in, commercial electronic messages (“CEMs”) such as newsletters, promotions, sales notices, event invitations, and information about new products.

You may withdraw consent to receive commercial electronic messages at any time by using the unsubscribe link included in each such message, by texting STOP to our SMS short code (see Section 25), or by contacting us at webdesk@ecscoffee.com. We will process unsubscribe requests within the timeframes required by the Canadian Anti-Spam Legislation (CASL). Withdrawing consent to commercial messages does not affect transactional or service-related messages related to your Orders or account.

You agree that electronic communications and electronic records satisfy any legal requirement that such communications or records be in writing.

25. Mobile Terms of Service (SMS)

Last updated: April 2026.

The ECS Coffee mobile message service (the “SMS Service”) is operated by ECS Coffee. Your use of the SMS Service constitutes your agreement to these SMS terms, in addition to the balance of these Terms. We may modify or cancel the SMS Service or any of its features without notice.

By consenting to our SMS service, you agree to receive recurring SMS messages from and on behalf of ECS Coffee, through your wireless provider, at the mobile number you provided — even if that number is on a Do Not Call list. Messages may be sent using an automatic dialling system or similar technology. Service messages may include Order and account updates. Promotional messages may include sales, offers, and cart reminders.

You do not have to sign up for the SMS Service in order to make purchases, and your consent is not a condition of purchase. Participation is voluntary.

We do not charge for the SMS Service, but you are responsible for all message and data charges imposed by your wireless carrier. Message frequency varies. Message and data rates may apply.

Opt-out. Text STOP to +1-844-969-2598 or click any unsubscribe link in an SMS from us to cancel. You will receive one confirmation message, after which no further messages will be sent unless you re-enrol. If you are subscribed to more than one ECS Coffee SMS program, you may need to opt out of each separately.

Help. Text HELP to +1-844-969-2598 or email webdesk@ecscoffee.com.

We may change any short code or telephone number we use to operate the SMS Service and will notify you of the change. Wireless carriers are not liable for delayed or undelivered messages. To the extent permitted by applicable law, we are not liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service.

26. Force Majeure

ECS Coffee will not be liable for any failure or delay in performing any obligation under these Terms — including any Order fulfilment, shipping, or service commitment — where the failure or delay results from any cause beyond our reasonable control, including without limitation acts of God, natural disasters, extreme weather, fire, flood, war, terrorism, civil unrest, riot, government action, changes in law or regulation, tariffs and duties, sanctions or trade restrictions, embargoes, epidemics, pandemics or public health emergencies, quarantines, labour disputes or shortages, supply chain disruption, shortages of materials or components, failures of suppliers or common carriers, failure of utilities or communications networks, cyberattacks, or software or hardware failures. Where such an event materially affects our ability to perform, we will make reasonable efforts to notify you and, where appropriate, offer a comparable substitute, delayed performance, or a refund.

27. Governing Law & Jurisdiction

These Terms, and any dispute arising out of or relating to these Terms or your use of the Site, are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the Dispute Resolution section below, you and ECS Coffee irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the Regional Municipality of Halton, for any proceeding arising out of or relating to these Terms or the Site. This attornment does not restrict your ability to bring a claim in your province or state of residence to the extent required by applicable consumer protection law.

28. Dispute Resolution

Informal resolution first. Before commencing any legal proceeding, you agree to first contact us at webdesk@ecscoffee.com with a written description of the dispute, and to allow ECS Coffee thirty (30) days to attempt to resolve the matter informally. We similarly agree to contact you before commencing any proceeding against you (other than to enforce our intellectual-property rights or seek injunctive relief).

Mediation. If a dispute is not resolved informally, the parties will attempt in good faith to resolve it through confidential mediation before a single mediator in Ontario, on terms and cost-sharing to be agreed at the time.

Court proceedings. If mediation does not resolve the dispute within a further sixty (60) days, either party may commence proceedings in accordance with the Governing Law & Jurisdiction section above. Nothing in this section prevents either party from seeking urgent injunctive or equitable relief in a court of competent jurisdiction.

Limitation period. To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action arose, or the claim will be permanently barred.

29. Modifications to These Terms

We may modify these Terms from time to time. When we do, we will update the “Last Updated” date at the top of these Terms and, where the changes are material, provide reasonable notice through the Site or by other means (for example, an email to the address on your account or a banner on the Site). Your continued use of the Site after the effective date of an update constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site.

30. Termination

We may suspend or terminate your access to the Site, close your account, or cancel any Order at any time, with or without notice, for any reason — including our belief that you have breached these Terms, engaged in fraud or automated abuse, or otherwise acted in a manner detrimental to ECS Coffee or other users.

You may terminate your account at any time by contacting us at webdesk@ecscoffee.com. Termination does not relieve either party of obligations that by their nature survive termination — including provisions relating to intellectual property, AI training and text-and-data-mining prohibition, warranties disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

If you are dissatisfied with these Terms or the Site, your sole and exclusive remedy is to discontinue use of the Site.

31. General Provisions

Entire agreement. These Terms, together with the Privacy Policy, the Accessibility Policy, and the other policies incorporated by reference, constitute the entire agreement between you and ECS Coffee with respect to the Site and supersede all prior or contemporaneous understandings and agreements on the subject.

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No waiver. A failure or delay by ECS Coffee to enforce any right or provision of these Terms is not a waiver of that right or provision. A waiver must be in writing and signed by ECS Coffee to be effective.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent. ECS Coffee may assign these Terms in whole or in part, including in connection with a corporate reorganization, merger, or sale of assets, on notice to you.

Notices. Notices to you may be delivered by email to the address on your account, by SMS, or by posting on the Site. Notices to ECS Coffee must be delivered by email to webdesk@ecscoffee.com or by mail to the address in the Contact Us section.

Headings; interpretation. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation”.

Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que les présentes conditions et tous les documents connexes soient rédigés en anglais.

32. Contact Us

ECS Coffee Inc.

Head Office (Ontario, Canada)

Email: webdesk@ecscoffee.com

Phone: (800) 263-3890

Website: https://www.ecscoffee.com

Retail Locations: Burlington, Ancaster, and Toronto (Etobicoke).

© 2026 ECS Coffee Inc. All rights reserved.