GOOD N NATURAL
As used in this Agreement, “you” means (and “your” refers to) the user of the Site and “we” means (and “us”, “our”, and “ours” refer to) goodnnatural. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO THE SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE SITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
Part 1 - Members
Part 1 applies only to a Member and Members (as those terms are described below in this Part). As used in this Part, "you" means (and "your" refers to) a Member, or Members, as the case may be, and “we” means (and “us”, “our”, and “ours” refer to) Good n Natural.
- 1. Member Sign-Up and Your Account
If you want to use certain features of the Site, such as our online store, you may need to register to become a "Member". To become a Member, you must sign up and create a Good n Natural account using the Site. This requires you to submit certain information, including your name, username, email address, password and address. You may also submit other information to us, as part of your profile, as permitted by the Site.
We reserve the right to refuse registration of accounts, or to cancel any existing accounts, that we deem to be inappropriate, in our sole discretion. If you use the Site, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activity that occurs under your account. We are not responsible for updating your account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential or in violation of any contractual restrictions or third party rights.
Please note that if you wish to use our online store, we also offer a "guest checkout" option. If you choose to use the guest checkout option, we require you to submit your name, address and telephone number. No credit card information or other payment information is retained by us when the guest checkout option is utilized.
- 2. Online Store
We may, from time to time, offer an online store (the "Store"), through which you may be permitted to purchase products and/or services (“Products and Services”), which may be provided by us or third parties. All purchases made on the Store are subject to this Agreement. When you order Products and Services on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, email address, credit card information and shipping address, as well as any other information requested. Good n Natural will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Good n Natural or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
- 3. Product Availability, Orders, Pricing, Misprints and Errors
Good n Natural makes reasonable efforts to provide current and accurate information on the Site. Nevertheless, misprints or other errors may occur. We reserve the right to change the prices, fees and charges regarding the Products and Services available through the Site at any time, and from time to time, without any notice or liability to you or any other person. We cannot guarantee that the Products and Services advertised on the Site will be available when ordered or thereafter. We reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order Products and Services for which the price was incorrectly displayed, we will provide you with an opportunity to place an order at the correct price. If you order Products and Services that are not available, we will notify you by email. We reserve the right to limit quantities of Products and Services which are purchased.
The advertisements on the Site are invitations for purchase orders and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products and Services referenced in your order. Your order shall be deemed to be accepted only if and when we send both an order acceptance and shipment notice email to your email address. The order acceptance and shipment notice email constitutes our acceptance of your order. If you wish to cancel an order, you may request a cancellation by sending an email to firstname.lastname@example.org.. However, we may not receive and process your cancellation request before we accept and process your order, in which case your cancellation request may not be effective.
- 4. Product Agreements
All transactions through the Site, including the purchase and sale of Products and Services, are governed by this Agreement and any applicable terms pertaining to the transaction, including, without limitation, our return policy and our shipping policy (the "Product and Services Agreement"). By using the Site or by participating in a transaction through the Site, you signify your agreement and acceptance of this Agreement and, if applicable, the Product and Services Agreement.
- 5. Payment
Terms of Payment: Terms of payment will be determined in our sole discretion, and set out on the Site, from time to time. We reserve the right to refuse or cancel your use of the Site for a breach of this Agreement, including after you have made payments to us.
Third Party Payment Processing: Your order may be subject to the terms of service of third party payment processors. Please note that we have no responsibility for those terms or your compliance with them. You should review these terms of service before you place your order.
Payment by Credit Card or Points: All payments will be made by credit card or through PayPal, unless, before your order, we accept, in writing, another form of payment. Any payments you make are subject to the approval of the issuer of your credit card.
Currency: Unless stated otherwise, all prices quoted are payable in Canadian dollars.
Part 2 - General Terms and Conditions
Part 2 applies to all users of the Site. As used in this Part, “you” means (and “your” refers to) the user of the Site, “we” means (and “us”, “our”, and “ours” refer to) Good n Natural.
- 6. Your Personal Information and Privacy
If you want to become a Member and participate in Member-only features of the Site, we need you to provide us information about you, as well as to update or provide additional information, as requested, from time to time.
Therefore, you expressly consent to our use and disclosure of the personally identifiable information you provide to us when you register as a Member (including your name and your address), for the purpose of providing the Site and Products and Services which are related to the Site.
For more information about how we collect, use and disclose your personal information, please see Section 20below.
- 7. Consent to Electronic Communication
When you visit the Site, use the Store or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- 8. Modification to the Site and this Agreement
We may revise this Agreement, at any time, by updating this posting. We may provide notice to you of material revisions by means of a general notice on the Site. Your continued use of the Site after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
- 9. Ownership of Content
Content: Subject to third party rights, all materials displayed or otherwise accessible on the Site, including, without limitation, text, photographs, images, illustrations, sound, graphics, icons, code (collectively, the "Content") and the selection and arrangement of the Content on the Site (the manner of which shall be in our sole discretion) are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in the Content. Portions of the Content may have been licensed to us or published on the Site by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Site or the Content, whether in whole or in part, without our express written permission, is strictly prohibited. The display of the Content does not imply that you have been granted a licence by us or other entities with respect to it.
Reporting Infringement: If you believe in good faith that any material that is made available on the Site infringes your copyright, please contact us at email@example.com
Trademarks: Certain words, phrases, names, designs or logos on the Site may constitute trademarks, service marks, or trade names that are owned by us or others. The display of such marks on the Site does not imply that you have been granted a licence by us or others with respect to them.
- 10. Limited Licence
Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable licence to access, view and use the Site, including a limited licence to download, print and store single copies of the Content from the Site, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in the Site. The Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.
- 11. Acceptable Uses of the Site
While you use the Site, you must comply with all applicable laws, rules and regulations, as well as this Agreement. In addition, your use of the Site is based on the following rules of conduct. You will not:
- Post, transmit, or otherwise make available any material that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) an infringement of another person's privacy by disclosing the personal information of another individual without their knowledge and consent.
- Post, transmit, or otherwise make available any material that may violate the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith.
- Use the Site in a manner which will violate or solicit the violation of any applicable local, provincial, territorial, state, national or international law, rule or regulation, including, without limitation, applicable privacy laws and the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications (Canada).
- Use the Site to post transmit, or otherwise make available any material which would: (a) give rise to criminal or civil liability; (b) encourage conduct that constitutes a criminal offence; or (c) encourage or provide instructional information about illegal activities.
- Impersonate any person or entity, including, but not limited to, any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
- Use the Site in a manner that is in competition with Good n Natural.
- Post, transmit, or otherwise make available any virus, worm, trojan horse, spyware, or any other computer code, file, or program that may, or is intended to, damage or hijack the operation of any hardware, software, server or telecommunications equipment.
- Conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site, without our prior written consent.
- Interfere with or disrupt the Site.
- Post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
- Use the Site, if you are a minor. Parents and legal guardians are responsible for ensuring their children do not use the Site.
- Use the Site if you are in violation of this Agreement.
Any person who is found or reasonably suspected to have violated the rules of conduct provided above may be barred from using the Site, in our sole discretion, and may be subject to other legal remedies.
- 12. Practices Regarding Use and Storage
Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, your account information and the Content.
Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.
Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary, including, without limitation, your account information, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
- 13. Customer Service
We take reasonable efforts to provide you with customer service features. There may be some instances where we may be limited in the services which we are able to provide to you.
- 14. Linking and Other Websites
No Endorsement or Responsibility: The Site may include links to other websites, solely as a convenience to users. We do not endorse any such linked websites or the information, material, products or services posted by or accessible through such linked websites. We make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked websites.
Linking to the Site: Please advise us to request permission to link to the Site. We reserve the right to cancel and revoke any permission we may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person.
- 15. No Warranty and Disclaimer
Disclaimer: AS WE ARE A DISTRIBUTOR OF NATURAL HEALTH PRODUCTS, THE INFORMATION CONTAINED IN THE PRODUCT DESCRIPTIONS AND ON THE SITE GENERALLY IS FOR INFORMATIONAL PURPOSES ONLY. SUCH INFORMATION SHOULD NOT REPLACE MEDICAL ADVICE PROVIDED BY YOUR DOCTOR AND/OR HEALTH CARE PROFESSIONAL. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF ANY INFORMATION CONTAINED ON THE SITE. ANY USE OF THE INFORMATION IS AT YOUR OWN RISK. WE HIGHLY RECOMMEND THAT YOU CONSULT YOUR DOCTOR OR HEALTH CARE PRACTITIONER AND REVIEW THE INFORMTION CONTAINED ON THE PRODUCT LABELS BEFORE BEGINNING ANY NEW SUPPLEMENT OR LIFESTYLE CHANGE.
AS A COURTESY TO YOU, WE MAY INVITE YOU TO SUBMIT PRODUCT AND OTHER GENERAL QUESTIONS TO US. ANY RESPONSES WE PROVIDE ARE FOR INFORMATIONAL PURPOSES ONLY. OUR RESPONSES CONSTITUTE GENERAL INFORMATION WHICH IS FAMILIAR TO OUR EMPLOYEES AND REPRESENTATIVES ONLY. THEY DO NOT CONSTITUTE MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE AND YOU MAY NOT RELY ON THE CONTENTS OF THE SITE, OR OUR ANSWERS TO YOUR QUESTIONS, AS SUCH.
NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
Use at Your Own Risk: Access to the Site is provided "as is" and without warranties of any kind, either express or implied. By accessing and using the Site, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Site. While we try to keep the Site available without interruption, we are not responsible for ensuring the Site is available or that it or we will convey information to anyone on your behalf.
Third Party Information: We are not responsible for any materials or information on the Site or any linked website that you may find offensive, undesirable or objectionable. Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information.
Verification: We are not responsible for verifying your identity or the identity of anyone who uses your account.
- 16. Limitation of Liability, Release and Indemnity
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US WHICH YOU MAY SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR PRODUCTS AND SERVICES PROVIDED BY US HEREUNDER, EVEN IF WE HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 16 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: EXCEPT AS SET OUT IN THIS SECTION 16, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE SITE AND THE PRODUCTS AND SERVICES WHICH ARE INCIDENTAL THERETO.
INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES.
FOR THE PURPOSE OF THIS SECTION 16, THE TERMS “WE”, "US" AND "OUR" SHALL INCLUDE OUR REPRESENTATIVES AND AFFILIATES AND OURS AND OUR REPRESENTATIVES' AND AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
- 17. Conflict of Laws
Application of Manitoba Laws: We are physically located, and all activities with respect to the Site take place, within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the laws of Canada applicable therein and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of Manitoba's courts.
Laws Excluded: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (Manitoba), C.C.S.M. c. S11, as amended, replaced or re-enacted from time to time.
Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Site and any products or services offered on or through the Site, the exchange of electronic documents between us or this Agreement and, where applicable, you also agree to opt out of any class proceedings against us or our licensors.
Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
- 18. International Matters
Unless otherwise specified, the Site is presented solely for the purpose of promoting Products and Services available in Canada and the United States. We make no representation that the Site and all Products and Services which are available on or through the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- 19. Force Majeure
We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
- 20. Privacy
We respect your privacy and the security of your personal and financial information. We will collect your personally identifiable information (such as your name, address, credit card information or email address, hereinafter referred to as "personal information") in accordance with applicable laws, and in accordance with the following principles:
- Subject to applicable laws, we will only collect, use and disclose your personal information with your consent, and, once we collect your personal information, we will only use and disclose it for purposes we have identified to you.
- While we aim to inform you how we will use your personal information at the time we collect it from you, you should be aware that, generally, we collect your personal information for the following purposes: (a) to offer you the products and services on and through the Site, including, but not limited to, sharing your personal information with companies with whom we contract to process your payments and with service providers that help us store the personal information we collect from you in order to offer you the products and services which are available on or through the site; (b) to respond to your requests for service and your questions; (c) to conduct investigations relating to breaches of agreements or contraventions of laws; (d) to develop, enhance and market our products and services; (e) to manage and develop our business and operations, including personnel and employment matters; (f) to meet legal and regulatory requirements; or (g) to carry out any other purpose that you have authorized or that is required or permitted by law.
- We may engage service providers to assist us with fulfilling the purposes that are set out above, and, in some instances, these service providers may be located outside Canada. These service providers may include, without limitation, third parties that help us store the personal information we collect from you in order to offer you the Site. We only select service providers that protect personal information in a manner that is comparable to the protection we provide under our own privacy policies. Please be advised that personal information may be subject to, and accessed under, the laws of the countries in which our service providers operate. If you have any questions about our transfer of personal information to our service providers outside Canada, or if you would like to learn more about our privacy policies in that regard, please contact our Privacy Officer at the contact information provided below.
- The Site may contain links to other websites that are provided as a convenience only, and which may have different privacy policies and practices than we do. We have no responsibility for these third party websites, and you are advised to review the privacy policies of any third party websites you choose to visit.
- We protect personal information against such risks as loss, theft, unauthorized access, disclosure, copying, use, modification or destruction, through generally accepted security measures.
- You may withdraw your consent for us to manage your personal information in a particular way, subject to legal or contractual restrictions and reasonable notice. However, this may limit our ability to provide you with certain Products and Services. You may contact us for more information regarding the implications of withdrawing consent.
- For more information about our privacy policies and practices, please contact our Privacy Officer at: firstname.lastname@example.org.
- 21. Termination
Suspension of your Use of the Site by you: You may terminate this Agreement at any time, by cancelling your account. Your termination will be effective when we receive notice of your termination.
Suspension of your Use of the Site by us: If you breach any provision of this Agreement, you may no longer use the Site. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Site, and any Products and Services which are provided on or through the Site, all without any notice or liability to you or any other person.
No Refunds or Rights on Termination: We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Site or any part thereof. We reserve the right to cease, suspend or interrupt operation of or access to the Site or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
Survival: The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Sections 3, 4, 5, 15, 16, 17and this Section 21.
- 22. Miscellaneous
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction.
- 23. Our Contact Information
If you have any questions about this Agreement, or the Site generally, please contact us at:
Good n Natural
116 Park Road West