Terms of Sales
CONSUMER
TERMS & CONDITIONS
Our Terms and Conditions were last updated on [07-10-2024].
Please read these terms and conditions carefully
before using Our Service.
Interpretation
and Definitions
Definitions
For the purposes of these Terms and Conditions:
a. [Account] An account created to access our Service or
parts of our Service.
b. [Company] We, Us or Our refers to Clinical Botanic
Corporation - Canada.
c. [Device] any
device that can access the Service such as a desktop computer, a laptop, a cell
phone or a digital tablet.
d. [Content]
refers to content such as text, images, or other information that can be
posted, uploaded, linked to or otherwise made available by You, regardless of
the form of that content.
e. [Feedback] Any
feedback, innovations or suggestions sent by You regarding the attributes, performance
or features of our Service.
f. [Services]
Mentioned in the Website.
g. [Products] Products
or items offered for sale, or on the Service.
h. [Orders] A
request to purchase Products from Us.
i.
[Ads & Promotions] refer to contests, sweepstakes
or other promotions offered through the Service.
j.
[3rd party Social Media Service] Any and
all services or content (including data, information, products) provided by a
third-party that may be displayed, included or made available.
k. [Terms and
Conditions] Terms and Conditions that
form the entire agreement between You and the Company regarding the use of the
Service/Sale
Acknowledgment
These are the Terms and Conditions governing the use
of this Service and the agreement that operates between You and the Company.
These Terms and Conditions set out the rights and
obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned
on Your acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions apply to all visitors,
users and others who access or use the Service. By accessing or using the
Service You agree to be bound by these Terms and Conditions.
If You
disagree with any part of these Terms and Conditions then You may not access
the Service.
a. You
represent that you are over the age of 18.
b. The Company
does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned
on Your acceptance of and compliance with the Privacy Policy of the Company.
Please read Our Privacy Policy carefully before using
Our Service. Our Privacy Policy describes Our policies and procedures on the
collection, use and disclosure of Your personal information when You use the
Application or the Website and tells You about Your privacy rights and how the
law protects You..
User
Accounts
When You create an account with Us, You must provide
Us information that is accurate, complete, and current at all times. Failure to
do so constitutes a breach of the Terms, which may result in immediate
termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social
Media Service.
You agree not to disclose Your password to any third
party. You must notify Us immediately upon becoming aware of any breach of
security or unauthorized use of Your account.
You may not use as a username the name of another
person or entity or that is not lawfully available for use, a name or trademark
that is subject to any rights of another person or entity other than You
without appropriate authorization, or a name that is otherwise offensive,
vulgar or obscene.
Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.
You agree that this license includes the right for Us
to make Your Content available to other users of the Service, who may also use
Your
Content subject to these Terms.
You represent and warrant that:
a.
The Content is Yours or You have the right to use it
and grant Us the rights and license as provided in these Terms, and
b.
the posting of Your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person.
Content
Restrictions
The Company is not responsible for the content
of the Service's users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your
account, whether done so by You or any third person using Your account. You may
not transmit any Content that is unlawful, offensive, upsetting, intended to
disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
Examples of such objectionable Content include, but are not limited to, the
following:
a. Unlawful or
promoting unlawful activity.
b. Defamatory,
discriminatory, or mean-spirited content, including references or commentary
about religion, race, sexual orientation, gender, national/ethnic origin, or
other targeted groups.
c. Spam,
machine – or randomly – generated, constituting unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling.
d. Containing
or installing any viruses, worms, malware, trojan horses, or other content that
is designed or intended to disrupt, damage, or limit the functioning of any
software, hardware or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of a third person.
e. Infringing
on any proprietary rights of any party, including patent, trademark, trade
secret, copyright, right of publicity or other rights.
f. Impersonating
any person or entity including the Company and its employees or
representatives.
g. Violating
the privacy of any third person.
False information and features. The Company
reserves the right, but not the obligation, to, in its sole discretion,
determine whether or not any Content is appropriate and complies with this
Terms, refuse or remove this Content. The Company further reserves the right to
make formatting and edits and change the manner of any Content. The Company can
also limit or revoke the use of the Service if You post such objectionable
Content. As the Company cannot control all content posted by users and/or third
parties on the Service, you agree to use the Service at your own risk. You
understand that by using the Service You may be exposed to content that You may
find offensive, indecent, incorrect or objectionable, and You agree that under
no circumstances will the Company be liable in any way for any content,
including any errors or omissions in any content, or any loss or damage of any
kind incurred as a result of your use of any content.
Content
Backups
Although regular backups of Content are
performed, the Company does not guarantee there will be no loss or corruption
of data. Corrupt or invalid backup points may be caused by, without limitation,
Content that is corrupted prior to being backed up or that changes during the
time a backup is performed. The Company will provide support and attempt to
troubleshoot any known or discovered issues that may affect the backups of
Content. But You acknowledge that the Company has no liability related to the
integrity of Content or the failure to successfully restore Content to a usable
state. You agree to maintain a complete and accurate copy of any Content in a
location independent of the Service.
Copyright
Policy
Intellectual Property Infringement We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of us support@clinicalbotanic.com via email and include in Your notice a detailed description of the alleged infringement.
Upon receipt of a notification, the Company will
take whatever action, in its sole discretion, it deems appropriate, including
removal of the challenged content from the Service.
Placing
an Order through your company
By placing an Order for Products through the
Service, You warrant that You are legally capable of entering into binding
contracts.
Your
Information
If You wish to place an Order for Products
available on the Service, You may be asked to supply certain information
relevant to Your Order including, without limitation, Your name, Your email,
Your phone number, Your credit card number, the expiration date of Your credit
card, Your billing address, and Your shipping information.
You
represent and warrant that:
You have the legal right to use any credit or
debit card(s) or other payment method(s) in connection with any Order; and that
the information You supply to us is true,
correct and complete. By submitting such information, You grant us the right to
provide the information to payment processing third parties for purposes of
facilitating the completion of Your Order.
Order
Cancellation
We reserve the right to refuse or cancel Your
Order at any time for certain reasons including but not limited to:
a. Products
availability
b. Errors in
the description or prices for Products
c. Errors in
Your Order We reserve the right to refuse or cancel Your Order if fraud or an
unauthorized or illegal transaction is suspected.
Your
Order Cancellation Rights
Any Products you purchase can only be returned
or refunded in accordance with these Terms and Conditions.
Availability,
Errors and Inaccuracies
We are constantly updating Our offerings of
Products on the Service. The Products available on Our Service may be
mispriced, described inaccurately, or unavailable, and We may experience delays
in updating information regarding our Products on the Service and in Our
advertising on other websites. We cannot and do not guarantee the accuracy or
completeness of any information, including prices, product images,
specifications, availability, and services. We reserve the right to change or
update information and to correct errors, inaccuracies, or omissions at any
time without prior notice.
Prices
Policy
The
Company reserves the right to revise its prices at any time prior to accepting
an Order. The prices quoted may be revised by the Company subsequent to
accepting an Order in the event of any occurrence affecting delivery caused by
government action, variation in customs duties, increased shipping charges,
higher foreign exchange costs and any other matter beyond the control of the
Company. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through various payment
methods we have available, such as Visa, MasterCard, Affinity Card, American
Express cards or online payment methods (PayPal, for example). Payment cards
(credit cards or debit cards) are subject to validation checks and
authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of Your
Order.
Promotions
Any Promotions made available through the
Service may be governed by rules that are separate from these Terms. If You
participate in any Promotions, please review the applicable rules as well as
our Privacy policy. If the rules for a Promotion conflict with these Terms, the
Promotion rules will apply.
Intellectual
Property
The
Service and its original content (excluding Content provided by You or other
users), features and functionality are and will remain the exclusive property
of the Company and its licensors. The Service is protected by copyright,
trademark, and other laws of both the Country and foreign countries. Our
trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of the Company.
Feedback
to Us
You assign all rights, title and interest in any
Feedback You provide the Company. If for any reason such assignment is ineffective,
You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty
free, worldwide right and license to use, reproduce, disclose, sub-license,
distribute, modify and exploit such Feedback without restriction.
Links
to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately,
without prior notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms and Conditions. Upon termination, Your
right to use the Service will cease immediately. If You wish to terminate Your
Account, You may simply discontinue using the Service.
Limitation
of Liability
Notwithstanding any damages that You might
incur, the entire liability of the Company and any of its suppliers under any
provision of this Terms and Your exclusive remedy for all of the foregoing
shall be limited to the amount actually paid by You through the Service or 100
USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable
law, in no event shall the Company or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other information, for
business interruption, for personal injury, loss of privacy arising out of or in
any way related to the use of or inability to use the Service, third-party
software and/or third-party hardware used with the Service, or otherwise in
connection with any provision of this Terms), even if the Company or any
supplier has been advised of the possibility of such damages and even if the
remedy fails of its essential purpose. Some states do not allow the exclusion
of implied warranties or limitation of liability for incidental or
consequential damages, which means that some of the above limitations may not
apply. In these states, each party's liability will be limited to the greatest
extent permitted by law.
"AS
IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS"
and "AS AVAILABLE" and with all faults and defects without warranty
of any kind. To the maximum extent permitted under applicable law, the Company,
on its own behalf and on behalf of its Affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service,
including all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the
Company nor any of the company's provider makes any representation or warranty
of any kind, express or implied:
a. as to the
operation or availability of the Service, or the information, content, and materials
or products included thereon;
b. that the
Service will be uninterrupted or error-free;
c. as to the
accuracy, reliability, or currency of any information or content provided
through the Service; or
d. that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components. Some jurisdictions do not allow the exclusion of
certain types of warranties or limitations on applicable statutory rights of a
consumer, so some or all of the above exclusions and limitations may not apply
to You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under applicable
law.
Governing
Law
The laws of Canada, excluding its conflicts of
law rules, shall govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or
international laws.
Disputes
Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United
States Legal Compliance
You represent and warrant that
a.
You are not located in a country that is subject to
the United States government embargo, or that has been designated by the United
States government as a "terrorist supporting" country, and
b.
You are not listed on any United States government
list of prohibited or restricted parties.
Severability
and Waiver
Severability
If any provision of these Terms is held to be
unenforceable or invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible
under applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except as provided herein, the failure to exercise a
right or to require performance of an obligation under these Terms shall not
effect a party's ability to exercise such right or require such performance at
any time thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach. Changes to These Terms and Conditions We reserve the right,
at Our sole discretion, to modify or replace these Terms at any time. If a
revision is material We will make reasonable efforts to provide at least 30
days' notice prior to any new terms taking effect. What constitutes a material
change will be determined at Our sole discretion. By continuing to access or
use Our Service after those revisions become effective, You agree to be bound
by the revised terms. If You do not agree to the new terms, in whole or in
part, please stop using the website and the Service.
Contact Us If you have any questions about these
Terms and Conditions,
You can contact us: By sending us an email: support@clinicalbotanic.com