VITABOTANICA.CA TERMS OF USE

(last updated December 30, 2015)

1. Information Our Lawyers Want You to Read
    • VitaBotanica (“VitaBotanica”) owns and maintains this website (the “Website”) for the purpose of being informed about our products, the pricing of same, and permits you to order our products. Feel free to browse the Website, but please read these terms of use before doing so.
    • Your access to and use of the Website is subject to the following Terms of Use. VitaBotanica reserves the right to update the Terms of Use at any time without notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. The most current version of the Terms of Use may be accessed by clicking on the “Terms of Use” hypertext link located at the bottom of the Website. By using, accessing and browsing the Website, you signify your acceptance of the Terms of Use, without limitation or qualification. If you do not agree to these Terms of Use, then please do not use the Website.
    2. Accuracy and Completeness of Information
      • While VitaBotanica attempts to provide accurate information on this Website, VitaBotanica makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to information on the website, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Website.
      3. Modification of Website

        Information in the Website is subject to change without notice.  VitaBotanica makes no representations that the materials in this Website are appropriate or available for use in other countries aside from Canada. Those who do access this Website from other countries are solely responsible for compliance with local laws of that country.

        4. Products for Purchase
          • Use of the Website to view information is subject to these Terms of Use. Beauty Products and Vitamins are available for purchase on the Website. All pricing is in Canadian Dollars unless otherwise stated.
          • VitaBotanica uses a third party payment site (“Payment Provider”) from which persons may pay for services provided by VitaBotanica. By using the Payment Provider to purchase VitaBotanica’s services, you understand that VitaBotanica does not operate or control the payment process provided by Payment Provider. You agree that use of the Payment Provider service is subject to the Payment Provider’s terms of use and privacy policy.
          5. Registration and Your Information
            • The Website offers you the option of registration, and as part of the process you will be requested to provide certain information, including among others, a unique user name and password (“Registration Data”). Even if you do not register an account, you may be requested to provide certain information, in order to purchase products or gain access to services.  The mere action of completing the registration form and submitting it to us, or providing us information outside of registration does not guarantee your right to use the Website, and we are under no obligation to continue your right to use the Website.
            • You agree to:
              1. Provide true, accurate, current and complete Registration Data as prompted by the registration process.
              2. Maintain and promptly update the Registration Data to keep it accurate, current and complete.
              3. Maintain the security and confidentiality of your password and any other security or access information used by you to access the Website
              4. Ensure that you log out from your account at the end of each session on the Website.
              5. Refrain from transferring your account in the Website to any other without our prior written consent.
              6. Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other Registration Data.
              7. Refrain from using another person’s account without permission.
              8. Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Website or the Service or any other breach of security that you become aware of involving or relating to the Site.
              9. Only create one account per person.
            • We assume that any communications and other activities through use of the Website were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data. We will not be liable for your losses caused by any unauthorized use of your account.
            • We may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately suspend or terminate your account and refuse any and all current or future access to and use of the Service (or any portion thereof). Grounds for such termination may include, but are not limited to, loss, theft or unauthorized use of your Registration Data, our determination that you violated the letter or spirit of this Agreement, providing Registration Data that is inappropriate or offensive in our discretion, if we have reasonable grounds to suspect any of the Registration Data that you provided is inaccurate, not current or incomplete, or extended periods of inactivity.
            6. Privacy Policy

            VitaBotanica’s use of any personal information you submit to the Website is governed by VitaBotanica’s Privacy Policy, which is incorporated by reference into the Terms of Use.

            7. Posting Policy

              The posting of any information on the Website is governed by VitaBotanica’s Posting Policy, which is incorporated by reference into the Terms of Use.

              8. Use of Website
                • Use Solely for Lawful Purposes. The Website may be used for lawful purposes only. Submission, transmission or maintenance of any information or materials in violation of any federal or provincial regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. VitaBotanica reserves the right to refuse service to anyone client without providing reason or cause.
                • Prohibited Acts. You agree not to knowingly:
                  1. use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website;
                    1. post or transmit to the Website any unlawful, fraudulent, harassing, libellous, or scene Information of any kind;
                  3. post or send to the Website any Information that contains a virus, bug, or other harmful item;
                    4. post or transmit into or on the Website any information in violation of another party’s copyright or intellectual property rights;
                                   5.  take any action which imposes an unreasonable or disproportionately large load on VitaBotanicas’s infrastructure;
                                   6. redeliver any of the Content using “framing”, hyperlinks, or other technology without express written permission;
                      7. use any device or technology to provide repeated automated attempts to access password-protected portions of the Website; or
                                     8. alter or change any materials or distribute, publish, transmit, reuse, re-post or use the content of the Website for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the materials is strictly prohibited and is a violation of the rights of VitaBotanica and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and  publicity.
                      • Right to regulate. You acknowledge that VitaBotanica has the right, but no obligation, to monitor the Website and to disclose any information necessary to operate the Website, and to comply with legal obligations or governmental requests. VitaBotanica reserves the right to refuse to post or to remove any information on the Website, in whole or in part, for any reason.
                      • Password-protected areas. If you are allowed access to password-protected areas of the Website, you agree to keep your password confidential, and to send notice to VitaBotanica within 24 hours if your password is compromised.
                      • Links to third party sites. This Website may link to other sites not maintained by or related to VitaBotanica. VitaBotanica has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by VitaBotanica of the site. Use of any such linked Web site is at the user’s own risk.
                      9.Submissions of Information By You

                        Grant of licence to VitaBotanica. If you submit information to the Website, including without limitation, submission of any advertisement, or user profile information, you grant VitaBotanica a non-exclusive, worldwide, royalty-free licence to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted information. No information you submit shall be deemed confidential. However, VitaBotanica agrees to use your Information in accordance with VitaBotanica’s Privacy Policy applicable to personally identifiable user data. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to the Website.

                        10. Copyright Notice

                        You should assume that all materials, designs, text and images contained in the Website (collectively, the “Materials”) are copyrighted property of VitaBotanica or related entities. VitaBotanica neither warrants nor represents that your use of these Materials will not infringe rights of third parties unrelated to VitaBotanica.

                         11.Trade-marks and Proprietary Materials

                          This Website contains many valuable trade-marks, names, titles, logos, images, designs, and other proprietary materials that are owned or used under license by VitaBotanica (the “Trade-marks”). Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these Trade-marks. If you misuse any Trade-mark in violation of these Terms of Use, VitaBotanica will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

                          12. Disclaimers

                            VITABOTANICA MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS YOU ORDER. THIS SITE, AND ACCESS TO ANY LINKED SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, PRODUCT RELIABILITY, AND NON-INFRINGEMENT.  YOU HEREBY DISCLAIM ALL WARRANTIES BY VITABOTANICA RELATING TO YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE WEBSITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR WEBSITE USE AND WEBSITE-RELATED SERVICES.

                            13. Limitation of Liability

                               IN NO EVENT SHALL VITABOTANICA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, RESULTING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE WEBSITE, YOUR USE, MISUSE, OR INABILITY TO USE THE PRODUCTS OR SERVICES PROVIDED BY VITABOTANICA, YOUR USE, MISUSE OR INABILITY TO USE ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR AN OTHER PECUNIARY LOSS, WHETHER BASED ON WARRANTY , CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND THE VITABOTANICA LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR ANY PRODUCT RELATED TO ANY DAMAGES SUFFERED BY YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

                              14. Indemnification

                                You agree to indemnify and hold harmless VitaBotanica, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, losses, and expenses arising from your use of and access to the VitaBotanica Websites, use or access to the products of services of VitaBotanica, your violation of these Terms of Use or of any third party right including, without limitation, any copyright, property, or privacy right.

                                 This defence and indemnification obligation will survive these Terms of Use and your use of the Website.

                                15. General Terms

                                • Violations of Terms and Conditions. Should you violate these Terms and Conditions or any other rights of it, VitaBotanica reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Website. If VitaBotanica should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
                                • You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.
                                • Jurisdiction.These Terms of Use are governed and interpreted under the laws of the Province of Ontario. You agree that any cause of action in relation to the VitaBotanica must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred.
                                • Severability. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
                                • Entire Agreement. These Terms of Use, together with the Privacy Policy and any other legal notices published by VitaBotanica on the Website, shall constitute the entire agreement between you and VitaBotanica with respect to the Website. You acknowledge that any other agreements between you and VitaBotanica with respect to the Website are superseded and of no force or effect.
                                • Waiver. No delay or omission to exercise any right or remedy accruing to VitaBotanica upon any breach or default by you shall constitute a waiver by VitaBotanica of any breach or default.
                                •  Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Terms of Use.