Privacy and Cookie Policy

Last modified: [24 June 2023]

 

Effective date: [24 June 2023]

 

  1. PARTIES ACCESSING THE SITE AGREE TO BE BOUND BY OUR TERMS

These terms of use (the “Terms” or “Terms of Use”) govern your access of the products available on the Company’s Website, and any other products created by the Company from time to time, whether accessed: (a) on a computer connected to the internet at https://www.healthyplanetcanada.com/ (the “Website”); (b) on the Company’s social media properties; or (c) by mobile device (individually and collectively, (a), (b), and (c) are the “Product”), as owned and operated by 1301026 Ontario Ltd, operating as Healthy Planet, a company incorporated in the Province of Ontario with a business address at 47 Railside Road, North York, Ontario, M3A 1B2 (referred to in these Terms as “we”, “us” or the “Company”). These Terms govern the use of all persons whether registered or not who use the Product (the "User"), and are binding on any use of the Product, and apply to You from the time that You access the Product. For clarification, “You” includes terms such as “your” and “yourself”.

 

  1. APPROVAL OF THE TERMS

It is important that You read these Terms carefully. If You do not agree to these Terms, please do not use the Product or browse the Website. By accessing or using the Product, You represent, warrant and signify that: (a) You are at least 18 years of age; (b) You have read, understood and agree to be bound by these Terms as they may be amended from time to time; and (c) You have read and understand our Privacy Policy, which can be accessed at [INSERT PRIVACY POLICY URL] (the "Privacy Policy"), the terms of which are incorporated herein by reference, and agree to abide by the Privacy Policy.

 

You may not use the Product nor accept these Terms if you are not of a legal age to form a binding contract with us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You” will refer to the company or entity).

 

  1. AMENDMENT

We may add to, discontinue, or revise these Terms or any aspect, mode, design, or service provided under the Product pursuant to the privacy legislation and regulations under the Consumer Protection Act, 2002, S.O. 2002, c. 30 (the “Act”) which include but are not limited to the:

 

  1. scope of the features;

  2. timing of the features;

  3. software/hardware required for access to the Product; and

  4. geographic locations or jurisdictions in which certain features may be available.

 

We may amend the Terms without notice for non-material amendments. In the event of a material change, we will provide the User with thirty (30) days’ notice of a material change in the Terms and conditions (including changes in pricing) via email to the email address supplied to us by the User, setting out:

 

  1. the new or amended agreement terms;

  2. how such terms read formerly;

  3. the date of the coming into force of the amendment;

  4. the means in which You can respond and the effects of not responding;

  5. the option to either terminate the agreement or retain the existing agreement unchanged; and

  6. the language of this provision with reference to the applicable consumer protection legislation rules for amending these terms and making any additional requirements for amendments as prescribed by law (if any).

 

We highly recommend that Users read any amendments carefully. Unless explicit consent is required by the law, we have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary, no later than thirty (30) days after the amendment comes into force, that You desire to cancel the contract or deregister or unsubscribe from access to the Product.

 

We will post the most current Terms on the Website and your use of the Product will be subject to the most current Terms as posted on the Website at such time. It is your responsibility to visit this page to find any updates that may have been made to the Terms. You hereby agree that the Company shall not be liable to You, your employee, or any other third party for any amendments to the Terms of Use.

 

  1. PAYMENT TERMS

Prices. The prices for the Products are as listed on the Website, as many be updated, amended or discounted by the Company from time to time. All prices and fees are in Canadian dollars.

 

Payment from Users will be due upon checkout of the Product on the Website. All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. The Company will not be responsible for any taxes or duties owed by You. Users may be required to provide account information for at least one valid debit or credit card through the Product (“Debit or Credit Card Information”). We will use this Debit or Credit Card Information in accordance with this Agreement and our Privacy Policy.

 

We are not liable for any payments that are not completed because: (1) your debit or credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the debit or credit card account; (2) You have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).

 

  1. TITLE AND RISK OF LOSS

Title to the Products purchased by You is retained by the Company until the Products are paid for by You, when title passes to You. Loss or damage that occurs during shipping by a carrier selected by You is Your sole responsibility.

 

  1. EXPORT SALES

If the Products herein being purchased by You are being purchased for purposes of export, You are solely responsible for obtaining all required or advisable export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported Products may vary or even be null and void for Products exported outside Canada.

 

  1. TERMINATION

These Terms are effective on the date that You access the Product and will continue to apply until our relationship with You is terminated. Users may terminate their relationship with us by (a) if an account was created, then by notifying the Company via email at support@healthyplanetcanada.com; or (b) if no account is created by You, our relationship immediately terminates upon delivery of the Product to You.

 

We may terminate our relationship with You immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:

 

  1. if You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it appears that You do not intend to or are unable to comply with the Terms, such determination to be made solely at our discretion;

  2. if we have changed our Terms or Privacy Policy and have not received your required consent, subject to the amendment provision in this Agreement;

  3. if we are required to terminate the relationship by law;

  4. if we receive any notice of your misuse of the Product; or

  5. if provision of the Product is no longer commercially viable for us.

 

Upon termination of our relationship, we will immediately revoke your license to use the Product and block all access to your account (if applicable) and may delete all data and information associated with your account following the maximum time period allowed by applicable law to retain your data after termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination.

 

  1. USE OF THE PRODUCT

In order to use the Product, an User may register using our registration page for an account.

 

Registration Information: If You create an account, You agree and understand that You are responsible for maintaining the confidentiality of your password, which, together with your name, address, phone number, and e-mail address (“User ID”), allows You to access the Product. The User ID and password, together with any other contact information You may provide us at the time of signing up for the Product form your “Registration Information.” You agree that all Registration Information provided to us will be accurate and up-to-date. You agree to keep your password secure. We will not be liable if we are unable to retrieve or reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to notify us via e-mail at support@healthyplanetcanada.com as soon as possible.

 

Accounts: You may not open an account if you are a competitor of the Company.

 

Permitted Uses: You agree to use the Product only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. You agree to adhere to any applicable privacy of personal information laws and regulations, including as outlined in the privacy legislation.

 

Unauthorized Access: You agree to only access (or try to access) and use the Product through interfaces provided by us. You shall not access (or try to access) and use the Product through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. You agree not to use or attempt to use another User’s account. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.

 

Prohibited Uses: You may use our Website, and Products only for lawful purposes. You may not use our Website, or Products in any manner that:

 

  1. breaches any applicable local, national or international law or regulation;

  2. may in any way be considered harassment to another person or entity;

  3. may in any way be unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

  4. attempts to or does modify, replicate or retain our proprietary content;

  5. may in any way damage, disable, overburden, and/or impair the Product server, or any network connected to the Product server, and/or interfere with any other party’s use or enjoyment of the Product;

  6. is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith;

  7. harms or attempts to harm minors in any way;

  8. will reproduce, duplicate, copy, sell, resell, or exploit any portion of the Product; or

  9. will abuse either verbally, physically, written, or other abuse (including threats of abuse or retribution) of any Product customers, employees, members, or officers,

 

and any of the foregoing will result in immediate account termination (if applicable).

 

You represent and warrant that You will not use the Product to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that You will not disrupt the functioning of the Website, in any manner.

 

Linking: You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website on your social media account, provided that the hyperlink and associated publication does not portray the Company, its affiliates, or their Products or services in a false, misleading, derogatory, or otherwise in an offensive matter. You may not use any Company’s logo or other proprietary graphic or trademark as part of the hyperlink without express written permission.

 

Moderation: You understand and agree that although the Company is not required to moderate your use of the Product, it may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without limitation, violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

 

User Responsibility: You agree that You are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. We have no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that we may incur).

 

You understand that when using the Product, You may come across material that You find objectionable, offensive or indecent and agree that You are using the Product at your own risk.

 

Technical Requirements: Use of the Product requires internet access through your computer. You may be required to have certain features enabled to use the Product, and some features of the Product may not be accessible with such technologies disabled.

 

Location: Depending on your country of residence, you may not be able to use all the functions of the Website or the Product. It is your responsibility to follow those rules and the applicable laws in your country of residence and/or country from which you access the Website and the Product. The Website and the Product are controlled and operated from facilities in Canada, or regions with significant similarity to the laws of Canada.

 

  1. PRIVACY

Your privacy is very important to us. Please review our Privacy Policy. Our Privacy Policy applies to the collection, use, disclosure, retention, protection and accuracy of your personal information and business financial information collected for the purposes of the features offered through the Product.

 

  1. THIRD PARTY LINKS

The Product may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty, or guarantee by us of any such linked website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products, or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.

 

  1. INTELLECTUAL PROPERTY AND RIGHTS

Rights to content provided by us: You acknowledge and understand that we own all right, title and interest in: (a) the Product and any associated data files; and (b) all computer software; advertisements; sponsored content; and intellectual property associated with the Product (all such information, individually and collectively, being the “Product Content”), which You may have access to when using the Product.

 

Except as set forth in the Agreement, all rights not expressly granted to You are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Product. You may not modify, rent, lease, loan, sell, distribute, or create any derivative products or services (or parts of services products or services) based on the Product Content that You do not own or to which You have rights, or to create derivative works based on the Product. You may not infringe upon our intellectual property or adapt, reproduce, publish, or distribute copies of any information or material found on the Product in any form (including by e-mail or other electronic means), without our prior written consent.

 

You are not required to provide the Company with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”). In the event that you do provide the Company with Feedback, the Company may use such feedback to improve the Product or for any other purpose. Furthermore, the Company shall own such Feedback and the Company and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to the Company.

 

Limited license: We grant You a non-exclusive, non-transferable, revocable, limited license to use the Product in accordance with these Terms. This limited license is subject to full payment of the fees, when due. This license may be revoked upon breach of these Terms by You and shall automatically be revoked upon termination or expiration of this Agreement.

 

The Company may, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features which we use in connection with the operation of the Product (each such feature being a “Brand Right” and collectively being the “Brand Rights”). We do not grant you any right or license to use any Brand Right other than as expressly set out in these Terms and in other licenses between You and us.

 

Rights to content provided by you: The Company does not retain any right, title and interest to the information provided, inputted, or uploaded to the Product (“User Data”). You understand and agree that the ownership of User Data shall be decided amongst yourself and your employer, if applicable, and that your User Data may be available to your employer even after the termination of your account with the Product. You agree that You will defend, indemnify, and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all claims, damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to the ownership of User Data.

 

You also understand that in order for us to operate the Product, User Data may be transmitted by You or us over various public networks and in various media in compliance with our security protocols and we may make changes to User Data to meet the technological requirements of such networks and media. You are responsible for ensuring that User Data is protected and your rights in User Data are enforced; we have no responsibility to protect or enforce your rights on your behalf with respect to User Data.

 

You may request a copy of all of your User Data from the Product (“Data Dump”) in accordance with our Privacy Policy. You understand and agree that You will no longer have access to such Data Dump after the maximum time permitted by Ontario law for us to keep your User Data has passed.

 

  1. DISCLAIMERS

Not Medical Advice. You acknowledge that no licensed medical professional/patient relationship is created by using the Product provided by or through the Website. The content of the Products are not and should not be considered medical advice or a substitute for individual medical advice, diagnosis or treatment. Nothing stated, posted, or made available through the Product or Website is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. You should always consult with your doctor or your healthcare practitioner, and read all information provided by the manufacturer of a product on or in any product label or packaging, before taking any dietary, nutritional, herbal, or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem.

 

No Sensitive Information. YOU ACKNOWLEDGE THAT THE PRODUCT HAS NOT BEEN DESIGNED TO PROCESS OR MANAGE SENSITIVE INFORMATION AND ACCORDINGLY YOU AGREE NOT TO USE THE PRODUCT TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE AND WE SPECIFICALLY DISCLAIM ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE PRODUCT TO COLLECT, PROCESS OR MANAGE SENSITIVE INFORMATION.

 

Pricing and Information Disclaimer. All pricing on the Website or Products are subject to change in the sole discretion of the Company. For all prices, products and offers, the Company reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!

 

No Guarantee for suggestions from the Product. You understand that the Company makes no guarantee that the suggestions the Product makes to you for other products, activities, resources, etc. may not meet your specific demands, interests, or requirements.

 

The Product provided as-is: The Product is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree, and understand that You use the Product at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Product. To the maximum extent permitted by law, we are not liable for damages, direct or consequential, resulting from your use of the Product, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights to the extent that such violation arises from your use of the Product because the Product is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party's property or information.

 

Downtime: The Product may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between You and the Product.

 

No endorsement as to accuracy: We accept no responsibility for the accuracy of any User Data provided by or created using the Product except as otherwise set out in these Terms. The provision or storage of User Data through the Product does not constitute our endorsement or warranty as to the compliance of such User Data with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User Data. You are responsible for ensuring that that the information you have entered into our system is accurate, reliable and complete.

 

Ratings and reviews: We accept no responsibility or liability for any ratings or reviews of an employee posted to the Product, or any consequences as a result of the ratings or reviews of an employee, including but not limited to termination of an employee. Ratings and reviews posted to the Product DO NOT reflect our views.

 

Monitoring: We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by users.

 

No warranty as to non-infringement: Except in the manner provided for in these Terms, we disclaim, and expressly do not provide any direct or indirect, express, or implied representation or warranty as to title and non-infringement of intellectual property in relation to the Product.

 

Damage to hardware: Any material downloaded or otherwise obtained through the use of our services and products is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

 

Content provided to companies: If You are an individual providing User Data that is to be directed to your organization’s account, You agree and acknowledge that we accept no responsibility and are not liable for any damages that may arise by the organization’s use of that User Data. You further agree and acknowledge that we are not liable for any damages that may arise if the User Data is misdirected to the wrong organization due to any reason, including error on your part or a flaw in the Product.

 

  1. DATA RETENTION

The Product may store your data as long as your account (if applicable) is current and active and up to the maximum period allowable by law, after our relationship with You has been terminated.

 

On a regular basis we create a backup of all data in our system, which is retained for the maximum period allowable by law, after which it will be removed permanently from all our systems. This backup is for use by the Company only in the case of disaster recovery or to maintain business operations in the case of an emergency. The Company will not restore data unless it determines, in its sole discretion, that a data recovery is necessary.

 

  1. REFUNDS AND ORDER CANCELLATION POLICY

Cancellation Policy. Cancellation fees apply to cancelled orders that are already in the processing phase. The lesser of $5 or 10% of the order value will constitute the fee and is not refundable in the event of a cancellation. An order cannot be cancelled (a) after it has been dispatched from our premises; or (b) if items were specifically requisitioned, by us, from our suppliers to fulfill the order.

 

Return Policy. The following refund policy applies to all products except those stating their own refund policy with the product description on the Website. We offer 100% hassle-free return policy to our valued customers within 14 days of the invoice date, provided you contact us by email before shipping your product and mention the following when emailing us: Order Number and the reason for return, its that simple. In order to claim a refund the product must be unopened. Open products will qualify for store credit once we receive the product back. Store credit will depend on the amount of product consumed. The only exceptions to the return policy are Cosmetics item(s), products from Metagenics, bars and Juicers. For Juicers you have to directly contact the manufacturer.

 

Damaged Goods. If Products arrive damaged, it is Your responsibility to refuse the package when delivered. However, if you accept the package, you must make sure it is noted on the carrier's delivery record in order for the Company to file a damage claim. The Company requires that you save the merchandise and the original box and packing it arrived in, notify the Company immediately to arrange for a carrier inspection and pick up of the damaged merchandise by calling 416-640-5713. If you do not notify the Company of damaged goods within the first 14 days of delivery, our regular return policy above will override any claim of damage, and will fall under all current manufacturer restrictions. Defective Products can be returned directly to the Company within 14 days from the delivery date for: credit, replacement or exchange, at the Company’s sole discretion. Any item that is missing the UPC can only be replaced with the same item. After 14 days, all manufacturers' warranties apply. The only exceptions to the return policy are Cosmetics item(s), products from Metagenics, bars and Juicers. For Juicers you have to directly contact the manufacturer.

 

  1. LIMITATION OF LIABILITY

You hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:

 

  1. any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, or other intangible losses;

  2. your provision of any personal information provided to us subject to our legal requirements relating to the protection of personal information;

  3. communications received to you through your access to the Product;

  4. the posting of information on the Product, Website, blog, account or any affiliated social media, including but not limited to, User data, Cards, written reviews, pictures, or personal information;

  5. the use of the Product and any related applications including third party services;

  6. the use of any software related to the Product;

  7. viruses, spyware, service provider failures or internet access interruptions;

  8. loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or

  9. any content relating to the use of the Product,

 

even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.

 

In the event that We become liable for any damages whatsoever, You agree that such damages shall be limited in the aggregate to the amount of fees or charges which You have paid for the Product in the previous order.

 

  1. INDEMNIFICATION

To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms; your access to and/or use of the Product; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms.

 

You agree that You will be solely responsible for all activities that occur under your account, whether You are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that You may incur as a result of someone, other than You, using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not You were directly or personally responsible.

 

  1. GOVERNING LAW AND FORUM OF DISPUTES

By visiting the Website or using the Product, You agree that the laws of the Province of Ontario and the federal laws of Canada, without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between You and us. With respect to any disputes or claims, You agree not to commence or prosecute any action in connection therewith other than in the province of Ontario, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the Provincial courts of Ontario. You agree to pay reasonable attorneys' fees and court costs incurred by us to collect any unpaid amounts owed by You.

 

Expenses: Each party shall be responsible for its own legal fees and other expenses incurred in connection with the performance of any of its obligations hereunder.

 

  1. FORCE MAJEURE

You agree that we are not liable for a delay or failure in performance of the Product or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.

 

  1. SEVERABILITY

If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.

 

  1. HEADINGS

The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.

 

  1. ASSIGNMENT OF AGREEMENT

You may not, without our prior written consent, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void. We may assign this Agreement to a third party at any time in our sole discretion. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.

 

  1. WAIVER

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of the Company.

 

  1. SURVIVAL OF AGREEMENT

All covenants, agreements, representations, and warranties made in these Terms shall survive your acceptance of these Terms and the termination of our relationship.

 

  1. ENTIRE AGREEMENT

The Agreement will constitute the entire agreement between us and You with respect to the subject matter hereof and all prior oral or written agreements, representations, or statements with respect to such subject matter are superseded hereby. In the event of a conflict between these Terms and the Privacy Policy, the terms and conditions found herein shall prevail.

 

  1. CONTACT

By providing us with your e-mail address, You agree to receive all required notices electronically, to that e-mail address or by mobile notifications via the Product. It is your responsibility to update or change that address, as appropriate.

 

If You have any questions or comments regarding these Terms, please contact our head office by email at support@healthyplanetcanada.com.