The following terms and conditions govern the relationship between Optimum Naturals Inc. (“the Company”) and the Users of shop.optimumhealthvitamins.com (the “Site”).
About the Website
The Site is an online platform through which the Company markets and provides information on the products and services of its Vendors. The Company does not manufacture or vend its own products or services. The Company only provides information and makes Vendors products and services available for sale. A homepage categorizes products and services through a variety of search options including but not limited to product type, ingredients, and uses or benefits, and in addition links to social media including but not limited to Facebook, blogs, Twitter, Youtube and Instagram. Vendors are solely responsible for the care and quality of the products and services provided by way of the Site, as well as for all claims, representations and warranties made in respect of their products and services.
The following words and phrases shall have the following meanings within this Agreement:
- Account: means an account or profile set up by a User of the Site;
- Customer: refers to any person who uses the Site in order to review, learn about, or purchase products or services;
- Personal Information: means information about an identifiable individual, including but not limited to name, email address, telephone number, address, payment information, cookies, and other browsing data;
- Pricing: means the pricing of Seller Offerings, which are subject to change without notice;
- Seller Offerings: refers to products and services marketed or made available for sale by Vendors through the Site;
- Site: means the “optimumhealthvitamins.com” website, and/or related mobile applications;
- Users: means collectively the Customers and Vendors, and any other persons who access or visit the Site, and for certainty, in this Agreement direct references to “you” or “your” refer to the Users;
- User Content: means materials, including photos, comments, offers, reviews, ratings and other information which Users post or otherwise make available on their Account or on another section of the Site; and
- Vendors: refers to organizations, corporations, individuals, partnerships, co-operatives, societies, and/or other persons who create an Account with the Site for the purposes of selling or marketing Seller Offerings or who are otherwise engaged in selling, marketing or providing information about products or services through the Site;
All other capitalized terms shall have the respective meanings ascribed to them herein.
Sharing Content & Information
The Company allows Users to create Accounts and post User Content. As a User you are solely responsible for User Content that you post or otherwise make available on the Site.
- The Company’s Use of User Content:
Users can connect their Account to their Facebook and email accounts, and can share information on other social media platforms. Users cannot create multiple Accounts under the same Facebook or email account. For more information on Account requirements see section 6.
By contributing any User Content you represent and warrant that:
- You are the creator of the User Content, or act on behalf of a creator;
- You have all rights necessary to grant all licences in this Agreement;
- You are not violating or infringing on any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy;
- You will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous;
- You will not solicit or offer for sale inappropriate or illegal goods, acts or services through the Site;
- You will not invade the privacy of another User or violate any third party rights; and
- You will not upload, post, transmit, or otherwise make available any User Content which contains any materials that harbor viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any software or computer equipment.
- Vendors warrant to the Company and to Customers that they have the appropriate insurance coverage to engage in the business associated with their respective products.
The Company shall have the sole and absolute right but not the obligation to review, edit, post, refuse to post, remove, and monitor User Content for any reason at its sole discretion. The Company makes no representations and assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere.
The Company may from time to time at the request of the User remove or modify User Content submitted or posted through your Account. Users may request that comments or reviews be removed from the Site by contacting email@example.com. Removal of any information is at the sole discretion of the Company.
The Company does not control or endorse any User Content, and disclaims any liability arising from or concerning the contributions of Users to the Site, or any actions resulting from any User's participation with the Site.
In an effort to maintain the security of Users and protect Account content, Users shall not, and hereby covenant to not:
- Post unauthorized commercial communications (such as spam);
- Collect User's Content or Personal Information or otherwise access the Site using automated means (such as bots, robots, scrapers, or spiders) without prior permission;
- Engage in unlawful multi-level marketing such as pyramid schemes;
- Act in breach of any applicable laws including Personal Information Protection Act/Canada’s Anti-Spam Legislation;
- Copy, pass of, or otherwise infringe the intellectual property rights of any other User or of the Company;
- Solicit login information or access an Account that belongs to someone else;
- Bully, intimidate, or harass other Users;
- Do anything that could disable, overburden, or impair the proper working order or appearance of the Site; or
- Facilitate or encourage any violations of this Agreement or any other Company policies.
Please contact firstname.lastname@example.org to report any violations or potential safety breaches.
Registration & Account Security
Upon creating an Account, Users agree to provide their legal name and demographic information. Creating an Account using the name and information of any other person is prohibited. Each User may create only one Account and Users undertake to keep their information current. Accounts cannot be sold, rented, leased, assigned, transferred or licensed.
Vendors can create only one Account, however multiple profiles can be linked to a single Account.
Individual Users must be eighteen (18) years of age or older and be capable of entering into a contractual relationship. Information given upon creating an Account must be true to the best of the User’s knowledge. It is the User's responsibility to update and change the contents of their Account.
If your Account is disabled for any reason you are prohibited from creating another Account. Account security, including password management, is your sole responsibility. Do not share your password, credit card information, or any other Personal Information with any other person. Do not allow any other person to access your Account or do anything which might jeopardize the security of your Account.
In the event that the security of your Account is breached it is your sole responsibility to contact the Company and report the breach immediately.
Mobile and Other Devices
Upon creating an Account, you are able to use content and applications provided by the Company through the Site. Vendors must utilize the Company’s messenger service for Seller Offerings and to communicate with Users.
Purchases are subject to product availability. Sales to some Customers, regions or jurisdictions may be limited or cancelled as determined by the Company or as required by law.
Descriptions of Seller Offerings are provided by Vendors except where explicitly stated otherwise. The Company does not investigate or vet Vendors or Seller Offerings and is not responsible for any performance or quality claims associated with the description of the Seller Offerings.
Vendors may advertise Seller Offerings which require that the Vendors have up-to-date regulatory authorization, licensing, or certification. The Company does not verify, validate, warrant, is not liable for and does not collect evidence of any regulatory authorization, license or certification from any Vendor. Vendors who choose to display regulatory authorization, licenses, certification on the Site do so on their own, and the Company is not responsible for such regulatory authorizations, licenses and certificates.
Before making a purchase through the Site, you are solely responsible for investigating and researching whether the Vendor is qualified to provide the Seller Offerings. Vendors are solely responsible for the care and quality of the Seller Offerings being provided.
The Company does not endorse, recommend or refer Users to Vendors or any of the Seller Offerings marketed through the Site or any online/internet medium. The Company is not a licensed health or wellness provider and the Site is not a substitute for professional advice, including medical advice, diagnosis or treatment. Always seek your physician or other qualified health care provider’s assistance with any questions regarding a health condition, and do not neglect doing so as a result of something you have read on the Site.
The Company may in its sole discretion remove Seller Offerings as they reasonably deem necessary to comply with applicable laws or in response to complaints or allegations of misrepresentation, fraud, or known or potential violations of the law or this Agreement.
Pricing may change at any time without notice. Any disputes regarding payment, invoicing, or charges should be dealt with using the Company’s payment policy. Prices displayed on the Site are quoted in Canadian dollars. (Refer to the Payment Policy).
Payments may be made using MasterCard®, Visa®, PayPal® or Gift Cards.
Errors and Omissions
The Site may contain typographic errors or inaccuracies. The Company reserves the right to correct, change or update information at any time without prior notice including but not limited to information related to Seller Offering descriptions, Pricing, and availability.
Cancellation of purchases made through the Site must be done in accordance with the Company’s Guarantees and Returns policy as provided on the Site from time to time. The Company is not responsible for any applicable fees including shipping charges, or for any losses resulting from a User’s failure to follow the Shipping and Returns Policy.
If you download software made available by the Company or its affiliates, such as a standalone software product, an application, or a browser plug-in, you agree that from time to time the software may update, install upgrades, and download additional features in order to assist the Company and its affiliates to improve the Site. The Company retains the right to change, modify, update, add or remove features and portions of the Site without notice.
All software and code is owned exclusively by the Company or its affiliates and you will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from the Site or other software made available by the Company or its affiliates, unless you are given express written permission to do so, in which case the rights to the derivative product will vest in the Company. Software and code owned by the Company must be kept confidential and such confidentiality will survive the expiry of this Agreement or the User’s relationship with the Company.
The Company will notify you any time that this Agreement is amended via a statement on the Site attaching the amended agreement. Continued use of the Site by you will constitute your acceptance of the amendments to this Agreement.
Should a Vendor wish to terminate its Account with the Company it may do so by forwarding an email request to email@example.com.
- Termination by the Company:
The Company reserves the right to deactivate a profile or Account for any reason including but not limited to inactivity, outdated Seller Offerings, inappropriate conduct, misuse of the Site or the Company’s or any other User’s intellectual property or breach of this Agreement.
Terminated accounts will be held as deactivated for seven (7) years following which they will be deleted.
This Contract shall be governed and construed under and in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein. Each User irrevocably attorns itself to the exclusive jurisdiction of the courts of Alberta. Each User agrees not to assert by way of a motion or defence or otherwise that any action filed against them in such court is brought in an inconvenient forum or that venue of such action is improper or that the subject matter thereof may be enforced in or by such courts.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (collectively, the “Disputes”) between you and the Company and commenced by you shall be settled by binding arbitration between you and the Company. Arbitration proceedings shall not be consolidated to include more than one User’s claim unless agreed in writing by all parties to the arbitration. Notwithstanding the foregoing, the Company, at all times, retains the right to bring an action or application in Alberta and to seek injunctive or other equitable relief in a court of competent jurisdiction.
A User who desires to initiate the arbitration process must provide the Company with a written Demand for Arbitration. The parties to the arbitration shall select a mutually agreed upon and impartial arbitrator and the arbitration will be administered in accordance with the Arbitration Act, RSA 2000, c A-43 as amended and replaced from time to time.
If any User wishes to initiate the arbitration process, they must do so within two (2) years from the date the cause of the Dispute arose. Absent commencing the arbitration within two (2) years, the User will be barred from commencing an action or arbitration at any future time regarding the Dispute.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Limitation of Liability
In no event shall the Company, its affiliates, or any of their respective employees, officers, directors, be liable either directly or indirectly to Users for damages arising from or related to the use of the Site, products or services of Vendors sold or offered on the Site, User Content, other information contained on the Site, any issues arising from the use or inability to use the Site, any modifications or removals of User Content from the Site, or issues with Seller Offerings.
The Company, its subsidiaries or affiliates, or any of their respective employees, officers, directors, agents, merchants, partners, third party content providers or licensors or any other officers, directors employees or agents shall not be liable for any loss, injury, property damage, tortuous act, or consequential or punitive damages arising out of or related to a breach of this Agreement by any User, or in respect of any harm or losses of any kind suffered by a User in Connection with the Site, including in respect of the use of any products or services.
Disclaimer of Warranty
Users expressly agree that the use of the Site is at the User’s sole risk, and is made accessible on an “as is” and “as available” basis. The Company hereby disclaims any and all representations, warranties, and conditions, whether express or implied, including but not limited to those of title non-infringement, merchantability and fitness for a particular purpose in respect of all Vendor products and services offered, described, made available or sold by way of or in connection with the Site.
Indemnification and Release
Users agree to defend, indemnify and save harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees on a solicitor and own client full indemnity basis, arising out of or related to any products, services or information offered, made available or sold by way of the Site, or arising out of or related to any breach by a User of any of the terms, warranties, or obligations set forth under this Agreement. You are solely responsible for your interactions with Vendors and other Users on the Site.
Users hereby release the Company from any and all claims or liabilities related to any Seller Offerings, and from any action or inaction by Users, including a Vendor’s failure to comply with applicable law and/or a Vendor’s failure to honour the Seller Offering as displayed on the Site. [Users acknowledge the dangers associated with meeting anyone offline, and release the Company for any injuries, harassment, abuse, unwanted communications, or other issues which may result from meeting or interacting in any way with other Users including Vendors.
Section headings used herein are for ease of reference only and shall be of no legal force or effect.
This Agreement supersedes all former understandings and agreements relating to the subject matter hereof, and all such understandings and agreements are hereby declared to be of no further force or effect.
This Agreement shall enure to the benefit of and be binding upon the Users and their respective heirs, executors, administrators, successors and permitted assigns.
Time is of the essence in regards to any actions arising from this Agreement.
If you have any questions about these Terms and Conditions please contact us at firstname.lastname@example.org