Term of Use

Terms of use

OVERVIEW

This website is operated by NutriPlanet. On this site, the terms "we", "us" and "our" refer to NutriPlanet. NutriPlanet offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing anything from us, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including but not limited to users who are browsers, suppliers, customers, merchants and/or content contributors.

Please read these terms of use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of use. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.

Any new features or tools added to the current store will also be subject to the Terms of Use. You can consult the most recent version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Web site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

ARTICLE 1 - ONLINE STORE TERMS AND CONDITIONS

By accepting these terms of use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow one of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You may not transmit any worms, viruses or code of a destructive nature.

Any breach or violation of any of the Terms will result in immediate termination of your Services.

ARTICLE 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete or up-to-date. The content of this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, by necessity, is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

ARTICLE 4 - CHANGES TO SERVICE AND PRICES

Prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online via the website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our returns policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in store. We cannot guarantee that the display of any color on your computer screen will be accurate.

We reserve the right, but are not obliged, to restrict sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.

For more details, please see our return policy.

ARTICLE 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or input.

You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We disclaim all liability arising from or related to your use of optional third-party tools.

Any use by you of optional tools offered on the Site is entirely at your own risk and discretion and you must ensure that you are aware of and agree to the terms on which the tools are provided by the relevant third party supplier(s).

We may also, in the future, offer new services and/or features via the website (including the publication of new tools and resources). These new features and/or services will also be subject to these Terms of Use.

ARTICLE 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include elements from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or assume any liability for any third-party materials or websites, or for any other third-party materials, products or services.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions conducted in connection with third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, "Feedback"), you agree that we may, at any time, without restriction, modify, copy, publish, distribute, translate and otherwise use in any medium the Feedback you transmit to us. We are and will be under no obligation (1) to maintain the confidentiality of any Comments; (2) to pay any compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, publicity or any other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or mislead us or others as to the origin of any Comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information via the Store is governed by our Privacy Policy. To view our privacy policy.

ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you submit your order).

We assume no obligation to update, modify or clarify any information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website shall be deemed to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to solicit others to perform or participate in illegal acts; (c) to violate any local, international, federal, provincial or state regulations, rules, laws or ordinances ; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

ARTICLE 13 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may discontinue the service for indefinite periods or cancel the service at any time without notice.

You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall NutriPlanet directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or damage of any kind, whether direct, indirect, incidental, punitive, special or consequential, including, without limitation, lost profits, lost revenues, lost savings, lost data, replacement costs or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the service or any product purchased using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) published, transmitted or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NutriPlanet and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents referenced herein, or your violation of any law or the rights of a third party.

ARTICLE 15 - SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use. Service, such determination shall not affect the validity and enforceability of any remaining provision.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.

These terms of use are effective unless and until terminated by you or us. You may terminate these terms of use at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these terms of use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or as a result may deny you access to our Services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules published by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals. This agreement and understanding supersedes all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Use).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 18 - APPLICABLE LAW

These Terms of Use and any separate agreement whereby we provide you with Services shall be governed by and construed in accordance with the laws of NutriPlanet.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You may consult the most recent version of the terms of use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and modifications on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our Web site or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions regarding the Terms of Use should be sent to us at info@nutriplanet.ca.