1. Acceptance of these terms
Welcome to the website of Yes We Can Drinks Inc. These Terms of Service govern your access to and use of our website, our contact forms, our order system, and all related services. By browsing this site, submitting an enquiry, or placing an order, you agree to be bound by these terms and by our Privacy Policy, which is incorporated into these terms by reference.
If you do not agree with any part of these terms, please do not use the website or our services. If you use the website on behalf of a company or organization, you confirm that you have the authority to bind that organization to these terms, and these terms will apply to the organization as well as to you personally.
We may update these terms from time to time, as described in the section on changes below. Your continued use of the website after an update takes effect means you accept the revised terms. We encourage you to review this page each time you visit so you always know the rules that apply.
2. About Yes We Can Drinks Inc.
Yes We Can Drinks Inc. is a beverage company that crafts sparkling sodas, pressed juices, energy drinks, teas, and infused waters. We are a company registered and operating from 2701-1480 Riverside Dr, Ottawa - K1G 5H2, Canada (CA). Our website is available at https://www.yeswecan.lat, and our business email address is request@yeswecan.lat.
We produce drinks under our own brands and, through our private label program, for partner brands who want their own recipes bottled and distributed. We also operate a distribution network that serves stores, restaurants, and offices across twelve countries. The terms on this page apply to all of these activities unless a specific agreement says otherwise.
When these terms refer to we, us, or our, they mean Yes We Can Drinks Inc. and its authorized partners. When they refer to you or your, they mean the visitor, customer, or business partner reading these terms. The website and its digital tools are developed and operated by the developer YesWeCan on behalf of the company.
3. Description of services
We offer a range of beverage-related services. Our sparkling and craft soda program covers carbonated drinks built on cane sugar and real fruit. Our juice and fruit blend service presses produce in small batches and bottles it quickly to preserve flavor. Our energy and sports drink line balances electrolytes and caffeine for active customers.
We also brew teas and produce infused waters using whole leaves and natural botanicals. Through our private label service, we bottle recipes for other brands at our certified facility. Through our distribution service, we store, deliver, and restock drinks for retail and food service partners.
The precise scope of each service, including volumes, timelines, and specifications, is defined in the proposal, quotation, or contract we issue for that project. Nothing in these terms creates an obligation for us to provide a service we have not agreed to provide in writing.
4. Eligibility
Our website and our products are intended for adults who are at least the legal drinking age in their jurisdiction where that applies, and at least eighteen years old for general purchases and business dealings. If you are under eighteen, you may browse the site with a parent or guardian, but you may not place an order or enter into agreements on your own.
By using our services, you confirm that you have the legal capacity to enter into these terms, that all information you provide is accurate and complete, and that you will keep your information current. Where you act on behalf of a business, you confirm that you are authorized to act for that business.
We may refuse service, cancel orders, or close accounts at our discretion where required by law, where we suspect fraud, or where a customer has repeatedly violated these terms. We will always give you a clear reason for such a decision where we are permitted to do so.
5. Accounts and registration
Some features of our website, such as wholesale ordering, may require you to create an account. When you register, you agree to provide true, accurate, and complete information and to update it when it changes. You are responsible for everything that happens under your account, so choose a strong password and keep it confidential.
You must not share your login details with anyone, and you must notify us immediately if you believe your account has been used without your permission. We may suspend or close accounts that appear to be compromised, and we may require verification before restoring access.
Account details, order history, and delivery preferences are stored securely in line with our Privacy Policy. If you close your account, we will delete your personal data in accordance with our retention and deletion procedures, unless we are required by law to keep certain records.
6. Orders and payments
When you place an order, whether as a retail customer or a wholesale buyer, you are making an offer to purchase the products described. We accept your offer when we send you an order confirmation, not before. Until that confirmation is sent, we may decline or adjust an order for reasons such as stock availability or pricing errors.
All prices are stated in the currency shown at the time of order, and they may change without notice before an order is placed. Taxes and shipping costs are added at checkout or shown on your invoice. We take payment by the methods listed on our site, and payment details are processed securely by our payment provider.
If a payment fails, we will contact you to arrange an alternative method. We reserve the right to withhold delivery until full payment is received. Invoices are payable on the terms stated on the invoice, and overdue amounts may be subject to late fees as permitted by law.
7. Shipping, delivery, and pickup
We aim to deliver orders within the timeframe quoted at checkout or in your proposal. Delivery times are estimates, not guarantees, and they can be affected by weather, traffic, customs, or other events outside our control. We will keep you informed of any significant delay affecting your order.
Delivery addresses must be accurate and safe for our drivers or courier partners to access. We are not responsible for orders that cannot be delivered because the address was wrong, no one was available, or access was blocked, though we will work with you to reschedule at a reasonable cost.
Where pickup is offered at our Ottawa facility, you are responsible for collecting your order during business hours and for ensuring that the products are transported appropriately. Chilled products should be moved promptly to proper storage to protect their quality.
8. Returns and refunds
We stand behind the quality of our products. If a delivered product arrives damaged, is defective, or does not match what you ordered, tell us within seven days of delivery and we will replace the affected items or issue a refund, at our option. Please keep the packaging and a photo of any damage to help us investigate.
Because our products are perishable food and beverage items, we generally cannot accept returns of opened products for change of mind. However, if a product does not meet the quality standard we describe on the label, we will review your report and make it right, because customer trust matters more than a single sale.
Refunds are issued to the original payment method within a reasonable period after we approve the claim. For wholesale orders, credits or replacements are handled under the terms of your supply agreement, and we will work with your account manager to resolve any dispute fairly.
9. Intellectual property rights
All content on our website, including text, images, graphics, logos, recipes, packaging designs, and the overall look and feel of the site, is owned by Yes We Can Drinks Inc. or licensed to us. This content is protected by copyright, trademark, and other intellectual property laws in Canada and in other countries where we operate.
The names Yes We Can Drinks Inc., YesWeCan, our brand names, and our logos are trademarks of the company. You may not use these trademarks without our written permission, including in domain names, marketing materials, or product packaging, except for the limited purposes described in these terms.
Nothing in these terms gives you any ownership interest in our intellectual property. Any ideas, recipes, or materials you submit to us become part of the project we work on together, and the ownership of resulting product is defined by the specific agreement for that project.
10. License to use our content
We grant you a limited, personal, non-exclusive, and revocable license to access and view the content of our website for your own information and, where relevant, for making purchases. You may download a reasonable number of pages for personal reference, but you may not republish our content without our permission.
If you are a retailer or partner, we may grant you additional rights to use our product images and descriptions in your own marketing, under a separate brand usage agreement. Please contact request@yeswecan.lat to request such a license, and we will provide approved assets and usage guidelines.
This license does not permit you to use our content in a way that could mislead others, imply an endorsement we have not given, or damage our brand. We may revoke this license at any time by notifying you or by changing the availability of the content.
11. User responsibilities
You are responsible for using our website and services lawfully and for providing accurate information. You agree not to interfere with the operation of the site, not to attempt to gain unauthorized access to our systems, and not to use automated tools in a way that disrupts service for others.
When you submit feedback, reviews, or suggestions, you grant us a perpetual, worldwide, royalty-free license to use that material for our business, including in product development and marketing. You confirm that anything you submit is your own work or that you have the right to share it.
We welcome honest feedback, and we treat it as a gift. However, we ask that submissions do not contain unlawful, defamatory, or offensive material, and we reserve the right to remove any user content that violates these responsibilities.
12. Prohibited conduct
You may not use our website or services to break the law, to infringe the rights of others, or to interfere with our operations. Examples of prohibited conduct include attempting to hack or probe our systems, submitting fraudulent orders or payments, and distributing malicious software through our channels.
You may not scrape, copy, or republish substantial portions of our website without permission, and you may not use our trademarks in a way that confuses customers or implies an affiliation we have not agreed to. You may not resell our products through channels that violate our distribution agreements.
We take these rules seriously. If we believe you have engaged in prohibited conduct, we may suspend or terminate your access, cancel orders, report the matter to authorities, and pursue legal remedies. We will give you notice where the law requires it and where it does not compromise an investigation.
13. Third party products and services
Our website may link to third party websites, such as payment providers, delivery services, and industry resources. These links are provided for convenience, and we do not control the content or practices of those sites. Your use of any third party service is governed by the terms and privacy policy of that provider.
Where our distribution network delivers products from other brands alongside our own, those products are the responsibility of their respective manufacturers. We handle them with the same care as our own products, but quality claims for those brands rest with their makers.
If you encounter an issue with a third party product you bought through us, we will help you connect with the right party to resolve it. We do not accept liability for defects in products we did not make, except to the extent the law requires us to as the seller.
14. Disclaimers of warranties
We provide our website and services on an as is and as available basis. To the fullest extent permitted by law, we make no warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the website will be uninterrupted, error free, or free of harmful components, and we are not responsible for temporary outages, maintenance windows, or events beyond our control. We work hard to keep the site reliable, but we cannot promise perfection.
Nothing in these terms excludes warranties that cannot be excluded under the law of your jurisdiction. Where you have statutory consumer protections, they remain intact, and these terms apply only to the extent permitted by law.
15. Limitation of liability
To the fullest extent permitted by law, Yes We Can Drinks Inc. and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of your use of the website or services.
Our total liability for any claim related to these terms or our services will not exceed the amount you paid us for the specific product or service giving rise to the claim, or one hundred dollars, whichever is greater. This cap applies whether the claim is based on contract, tort, or any other legal theory.
Because some jurisdictions do not allow the exclusion or limitation of certain damages, some of these limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by law.
16. Indemnification
You agree to indemnify and hold harmless Yes We Can Drinks Inc. and its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses, including legal fees, arising out of your use of the website or services, your violation of these terms, or your violation of the rights of any third party.
If a claim covered by this indemnity arises, we will notify you promptly and give you the opportunity to control the defense with counsel of your choice, at your expense. You will not settle any such claim without our prior written consent, unless the settlement includes a full release of us.
This indemnification survives the end of your use of our services and the termination of these terms. It applies to the fullest extent permitted by law.
17. Termination
We may suspend or terminate your access to the website or any account at any time for reasons including a violation of these terms, fraudulent activity, or a threat to our systems or users. Where we terminate for these reasons, any pending orders may be cancelled and you may lose access to account features.
You may stop using our services and close your account at any time by contacting us at request@yeswecan.lat. Closing an account does not cancel orders that are already in progress, and you remain responsible for completing those orders and payments.
Sections of these terms that by their nature should survive termination, including intellectual property, limitation of liability, indemnification, and governing law, will continue to apply after your access ends.
18. Governing law
These terms are governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Our company is based in Ottawa, and we operate under the regulatory framework that applies to food and beverage businesses in Canada.
If you are a consumer in another country, mandatory consumer protection laws of your country may apply to you, and nothing in these terms removes rights you cannot waive. Where such laws conflict with these terms, the consumer protection laws prevail to the extent required.
By using our services, you submit to the exclusive jurisdiction of the courts located in Ottawa, Ontario for any dispute not covered by the dispute resolution process described below, except where mandatory law requires otherwise.
19. Dispute resolution
We prefer to resolve disagreements directly and fairly. Before starting any legal action, you agree to contact us at request@yeswecan.lat and give us thirty days to investigate and resolve the issue informally. Most concerns can be resolved this way, and we commit to responding sincerely and quickly.
If the matter is not resolved informally, both parties agree to attempt mediation through a neutral mediator before filing a lawsuit, with the costs shared equally unless agreed otherwise. If mediation does not resolve the dispute, you agree to resolve the matter in the courts described in the governing law section.
Any claim you bring must be filed within the time limit required by law, and to the extent permitted by law, you agree not to bring claims as part of a class action. Small claims actions that qualify may be brought in small claims court without first going through mediation.
20. Changes to these terms
We may revise these terms from time to time to reflect changes in our business, the law, or our services. When we make material changes, we will update the date at the top of this page and provide a notice on our website so you can review what changed.
Changes take effect on the date stated at the top of this page. If you continue to use the website or services after that date, you accept the revised terms. If you do not accept the changes, you should stop using our services and close any account you hold.
Material changes will not apply retroactively to conduct or orders completed before the change, unless required by law. Copies of earlier versions of these terms will be made available on request.
21. Contact information
If you have any questions about these terms, you can reach our team by email at request@yeswecan.lat or by phone at +17167228372 during business hours, Monday to Friday from 8:00 AM to 6:00 PM Eastern Time.
You may also write to us by post at Yes We Can Drinks Inc., 2701-1480 Riverside Dr, Ottawa - K1G 5H2, Canada (CA). We will acknowledge legal or contractual correspondence promptly and respond within a reasonable time.
Thank you for reading. We hope you enjoy our drinks, and we look forward to serving you whether you are buying a single case or building a beverage brand of your own with our help.