IMPORTANT LEGAL INFORMATION: PLEASE READ THESE TERMS & CONDITIONS (THE "TERMS") CAREFULLY BEFORE USING THIS SITE. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS TO OR USERS OF THE NEAL'S YARD REMEDIES (CANADA) LTD. WEBSITE, THE HOME PAGE OF WHICH IS AT WWW.NEALSYARDREMEDIES.CA OR ANY NEAL'S YARD REMEDIES (CANADA) LTD. ONLINE CHANNEL WHERE THESE TERMS AND CONDITIONS ARE LINKED, SUCH AS NEAL'S YARD REMEDIES (CANADA) LTD .MICROSITES; PAGES ON SOCIAL MEDIA SITES (FOR EXAMPLE ON FACEBOOK, TWITTER OR YOUTUBE) AND MOBILE SITES OF NEAL'S YARD REMEDIES (CANADA) LTD. THAT DISPLAY OR LINK TO THESE TERMS AND CONDITIONS (EACH OF THESE REFERRED TO INDIVIDUALLY AS A "SITE"). YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
1. Information about us
The Site is operated by Neal's Yard Remedies (Canada) Ltd. having its registered office at #130, 2207 4th Street SW, Calgary AB T2X 1S2. Our GST number is 828 113 035 RT 001. We are a limited company.
2. Accessing our website
Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms.
3. Your user account
If you register with the Site for a user account you will have to choose a username and password. You will be responsible for keeping your username and password secret and for preventing unauthorized access to your account. You are responsible for all activities that occur using your account. You should take all necessary steps to ensure that your username and password are kept secret and secure and should inform us immediately by email to email@example.com if you have any reason to believe that your username and/or password have become known to anyone else, or if your account is being, or is likely to be, used in an unauthorized manner.
You must ensure that the details you provide us with are correct, complete and not inappropriate in any way. You agree to inform us immediately of any changes to the information that you provided when registering. You can access and update the information you provided us with in the My Account area of the Site.
4. Reliance on information posted
Important: Information on the Site is provided for information purposes only and is not a substitute for professional medical advice. Nothing on the Site is a recommendation as to how to treat any particular disease or health-related condition and not all conditions will respond to treatment with natural remedies. For serious conditions or advice on health conditions in general, you should visit a qualified medical practitioner.
Commentary and other materials posted on the Site are not intended to amount to advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
We do our best to always ensure that the information on the Site is correct and accurate. Despite our best efforts the Site may contain errors. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, we may make changes in information about price and availability without notice. We do not accept liability for loss or damage caused by inaccurate information. If you spot information which you think is incorrect please email us at firstname.lastname@example.org.
5. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws, trademark laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, treaties, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation of these laws and regulations, we reserve the right to seek all remedies available by law and in equity.
Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
All logos, brands and trademarks used on the Site including, but not limited to, Neal's Yard Remedies and NYR Natural News are owned by Neal's Yard Remedies or its group companies. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Site. Your misuse of the trademarks displayed on the Site is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
6. Posting material and comments to the Site
We do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or through user communications contained on this Site (collectively, "Content"). Any Content placed online, including advice, opinions and stories, are the views and responsibility of those who post the Content and do not necessarily represent our views.
Whenever you post any comments or materials to the Site, you must comply with the content rules set out below. We will not be responsible, or liable to any third party, for the content or accuracy of any materials or posting posted by you. We have the right to remove any material or posting you make on the Site if, in our opinion, it does not comply with the content rules set out below.
We will fully cooperate with any law enforcement authorities or any court order requesting or directing us to disclose the identity of anyone posting or transmitting any information or materials on or through the Site. You must tell us as soon as you become aware of any unlawful or prohibited use of the Site by any third parties.
Any posting posted by you will be considered non-confidential and you will own the copyright in it. We have the right to use this material for any purpose and to display the name that you submit in connection with such material. We also have the right to disclose your identity to any third party who claims that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
You are responsible for postings made on the Site using your user account and agree that you will not:
(a) post or include in any message or transfer to the Site, any material which is obscene, indecent, misleading, inaccurate, homophobic, sexually explicit, objectionable, racist, sexist or illegal;
(b) post or transfer anything to the Site which is damaging to our software, IT systems, data or the Site;
(c) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others (including rights of privacy and publicity);
(d) advertise or offer to sell any goods or services for a commercial purpose;
(e) conduct or forward surveys, contests, pyramids schemes, or chain letters;
(f) impersonate another person or entity or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels;
(g) use offensive or inappropriate user names or language;
(h) promote violence;
(i) send or post spam or spam links;
(j) infringe any copyright, database right or trade mark of any other person; and/or
(k) give the impression that the posting emanates from us, if this is not the case.
We advise that you do not reveal any personal information about yourself in any postings.
Whilst we have no obligation to actively moderate postings on the Site, you may report any material that you consider to be in breach of the rules set out above by emailing us at email@example.com. Where we receive a complaint, we will review the post or material in question and we reserve the right to disclose information necessary in order to satisfy applicable law or legal regulation, or to edit, refuse to post or remove any information or materials in whole or in part for whatever reason in our sole discretion.
7. Information about you and your visits to the Site
We process information about you in accordance with our Privacy & Cookies Policy. By using the Site, you consent to the terms of the Privacy & Cookies Policy and you warrant that all data provided by you is accurate.
8. Viruses, hacking and other offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.
9. Linking to the Site
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on the Site other than that set out above, please address your request to firstname.lastname@example.org.
10. Links from the Site
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER NEAL'S YARD REMEDIES (CANADA) LTD., NOR ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER NEAL'S YARD REMEDIES (CANADA) LTD., ITS SUPPLIERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
In the unlikely event that you receive a reaction to one of our Products, please call us on 403.460.8400.
13. LIMITATIONS OF LIABILITY
Neither Neal's Yard Remedies (Canada) Ltd. nor its suppliers assumes any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site. IN NO EVENT WILL NEAL'S YARD REMEDIES (CANADA) LTD., OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE REFUND POLICY POSTED BELOW.
14. Your status
To place an order on the Site you must be:
(a) legally capable of entering into binding contracts; and
(b) at least 18 years old, unless a parent or guardian is supervising you placing your order.
15. Product purchase and contract formation
After placing an order through the Site (or an order by telephone or post where you provide an email address), you will receive an e-mail from us acknowledging that we have received your order. We will confirm dispatch of your order to you by sending you an e-mail confirming that the Product has been dispatched (a " Confirmation Email").
The contract between us (the "Contract") will only be formed when we take payment from you.
We may decline to accept an order in circumstances including but not limited to:
(a) your payment not being authorised;
(b) you not satisfying the status requirements set out above;
(c) product(s) ordered not being available from stock and/or suppliers; and/or
(d) where a pricing or product description error has occurred.
We reserve the right to cancel orders without prior notice. If we cancel any order, it will be without charge to you and any payment taken for such order will be refunded to you in accordance with the Refund Policy set out in Section 19 below
16. Availability and delivery
We aim to fulfil your order by the delivery date set out in the Confirmation Email or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation Email, unless there are exceptional circumstances. All purchases from this Site are made pursuant to a shipment contract. As a result, it may be necessary for you to file claims with carriers for damaged and/or lost shipments.
Please allow up to 10 [TO BE CONFIRMED] days for order delivery.
17. Risk and title
The Products will be at your risk from the time of delivery. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
18. Price and payment
The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error. All prices are in Canadian dollars. Prices exclude GST, PST and HST and exclude any delivery costs, which will be added to the total amount due.
Unless otherwise stated, promotional codes (including any displayed or offered by third parties) cannot be used against purchases of Gift Vouchers, Courses or Therapies or redeemed against delivery charges.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
Despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have confirmed your order or sent you a Confirmation Email, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
Payment for all Products must be by credit or debit card, PayPal, or gift certificates [GC to be confirmed]. We accept credit card payments by Visa, MasterCard, Discovery and American Express. We will charge your credit or debit card when you place your order.
19. Our refund policy
We will provide a refund where:
(a) you have cancelled the Contract between us and returned the Product within 28 days if you are dealing as a consumer;
(b) a Product that you claim is defective or has been damaged in transport is returned to us within 14 days of delivery and is found by us to be defective or damaged in transport; or
(c) you notify us that you do not agree to a change in our Terms occurring between you placing your order and receiving a Confirmation Email.
When you return a Product to us because you:
(a) have cancelled the Contract between us within the 28 days cancellation period, we will process the refund due to you as soon as possible and, in any case, within 15 days of the later of: (i) the day you have given notice of your cancellation; and (ii) the day we receive the returned Product. In this case, we will refund the price of the Product in full, less any delivery charges paid by you. You will also be responsible for the cost of returning the item to us;
(b) claim that the Product is defective or has been damaged in transport, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 15 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective or damaged Product. Products returned by you because of a defect or damage in transport will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us; or
(c) have notified us that you do not agree to a change in these Terms or in any related policies, we will process the refund due to you as soon as possible and, in any case, within 15 days of the later of: (i) the day you have given notice of your cancellation; and (ii) the day we receive the returned Product. On condition that any Product dispatched to you is returned in the condition in which you received it, we will refund the price of the Product in full, including any delivery charges paid by you. However, you will be responsible for the cost of returning the item to us.
Any refund due to you will only be made to the same credit or debit card originally used (or in the form of other method of payment) by you to pay for your purchase.
20. Events outside our control
We will not be liable or responsible for any failure to perform any obligations under a Contract or these Terms, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
21. Written communications
All notices given by you to us must be given to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
Nothing within the Site or materials accessed via the Site, other than the Terms, is intended to form any binding contract. In particular, notes on products are stated on an 'invitation to treat' basis (i.e. they are not offers which will become binding upon purported acceptance by you) and are 'subject to availability'.
These Terms and any document expressly referred to in them represent the entire agreement between us and supersede any previous agreement, understanding or arrangement between us. In entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other before the Contract except as expressly stated in these Terms.
24. Jurisdiction and applicable law
These Terms and any dispute or claim arising out of, or in connection with them or their subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Alberta, without giving effect to any principles of conflict of laws.
The Alberta courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site.
If you have any questions about these Terms or the information on the Site you can contact us at firstname.lastname@example.org.
Copyright © 2014 Neal's Yard Remedies (Canada) Ltd. All rights reserved.