Effective Date: December 1, 2019
The following terms and conditions are the rules that govern the use of the Smoothie Lab Ltd. website, www.smoothielab.ca (the Site) by its user or visitor (the User). By visiting or using any of the services offered by the Site, the User agrees to be bound by these terms and conditions and will comply with any applicable laws and regulations governing the use of the Site.
For the purpose of these terms and conditions the following terms shall have their corresponding meanings:
“You” or “User” means any user or visitor of the site, whether visiting, browsing, reviewing Site’s content, purchasing the products offered by or at the Sirte or using any of its services. If the use of the Site or purchase are done on behalf of a minor, “User” shall include both the minor and their legal guardian;
“Company”, “We”, “Smoothie Lab” means Smoothie Lab Ltd., and any of its holding, subsidiaries, associated and/or related entities, entities with the same controlling interest (whereas controlling interest means ownership of 15% and more of the controlling shares) and their respective directors, employees, subcontractors and agents;
“Site” means www.smoothielab.ca and any of its internet subpages and any social media pages whether owned or operated by or on behalf of the Company.
“Product” means any smoothie, fruit shakes, Cleanses juices and extracts and any other similar products and their respective derivatives offered for sale at the Site. Where applicable, Product shall include diet plans, offers and suggestions for Cleanses, cleansing and other application of the products offered for sale at the Site.
- By visiting the Site, Users expressly agree to comply with the terms and conditions contemplated herein as well as with any other guidelines, rules and/or policies as might be posted from time to time by Company.
- All information posted by Visitors on the Site or the Company’s social media pages, including personal opinions, suggestions, reviews and responses to the Products and their benefits, and more, is being posted as the personal opinion of such Users over which the Company has no control and direction. Company retains the right (but not the obligation) to remove any comments and opinions which, at the Company’s absolute discretion, are discriminatory, derogatory, insulting or contradict Company’s policies and procedures.
- We only permit individuals over 18 years of age to become Users. Each User declares and We rely on such declaration, that the User is older than 18 years old, has the required legal capacity to visit the Site, participate in its forums or social media pages and purchase the Products offered by the Site.
- Users must be natural persons but can specify within their account description that they represent a business entity. At its absolute discretion, Company may refuse to allow any person to register or create an account at the Site or cancel or suspend any existing account.
- Every user’s account at the Site is personal and intended for your personal use only. You must maintain control of Your account and must not allow others to use Your account.
Pricing and Taxes
- Unless provided otherwise in writing, all purchases made from the Site are final and non-refundable. Company’s sole responsibility with regards to the refund and/or return request shall be to offer a supplementary product to the one purchased by You.
- Unless stated otherwise, all prices on the Site are stated in Canadian dollars. Any purchases made from abroad or by using any non-local credit or debit cards might be subject to exchange rates and exchange policies of their respective issuers. Company is not responsible and has no control over such exchange rates.
- All prices listed on the Site are exclusive of the HST (or other applicable sales taxes) which will be added to the total cost of products at the check-out page.
- Each type and group of Products will define whether it/they are sold including delivery or not. Where the delivery is not included the cost of delivery will be calculated during the checkout process based on the address provided by You for the delivery.
- We strive to provide the most updated information on the availability and timely supply of the Products. That being said, in some cases the information might not get updated in the real time, especially during the times of high demand. In such cases, We retain the right to advise you of unavailability of certain Product(s) or an option for the later supply. We also retain the right to cancel your order in a case of unavailability of the Products and provide you with a full refund of your payment.
- Upon completion of the Product purchase, the User shall receive a purchase confirmation number and a corresponding email will be sent to the address provided by the User during the purchase process. Any claims, complaints and inquiries shall be forwarded as follows:
- With regards to technical issues with using the Site (pages not loading, fonts do not display correctly, payment page does not load) shall be directed to the Company;
- With regards to payment issues (the payment by credit/debit card does not go through or being rejected, the confirmation email did not arrive, the amounts on the confirmation page of the Site and confirmation email do not match) shall be sent to the payment processing company: PayPal.
- Product related issues (wrong product, quality issues etc.) shall be directed to the customer support page of the Site.
All the prices are final and non-negotiable and all the payments made through the Site are non-refundable.
- If the company identifies, at its sole discretion, any attempt of tampering with the website, payment system or purchasing process, the Company may cancel any of the outstanding purchases made by the User, deny future access to the Site, ban the User or user’s IP address from accessing the Site, and commence any legal action as the Company might deem fit.
Responsibility for Products
- All Products offered for sale by the Site are perishable products with a short expiry term. Being fully natural products, they might arrive with a natural organic residue at the bottom of the container. This accumulation is natural, requires a shake-up of the container and does not indicate a problem in the Product’s quality.
- We guarantee that the Products will be fresh and will comply with the company’s quality standards at the time of delivery. We cannot respond to the complaints or claims submitted to us within more than two hours from the time of delivery, or in a case of inappropriate storage (not chilled), or misuse.
- User shall carefully review the Product’s characteristics, contents, description and nutritional value and make sure they comply with the User’s personal expectations and requirements. Unless specified otherwise, We cannot guarantee that the Products were not contaminated by or did not come into contact with food related allergens, such as nuts, peanuts, certain fruits, vegetables and herbs.
- User may cancel the purchase of a Product under the following conditions:
- Purchase of a regular, on-the-shelf Product may be cancelled at any time before the Product has left our premises for delivery.
- Purchase of any custom prepared Product may be cancelled only before We commenced the preparation of the Product.
- All cancellation requests shall be submitted online through the Site and We will confirm the receipt and the status of the request.
- In a case of any cancellation, the payment shall remain non-refundable and the User will be provided with the Site-wide credit for any alternative purchases.
5.If User believes that the Products advertised for sale at the Site are misrepresented, have wrong product or nutritional information or the Site contains any other mistakes or misrepresentations, the User will notify Us through the Site and we will act promptly to investigate User’s notice and to act in accordance with the results of our investigation.
6.User voluntarily assumes all risks and dangers incidental to the consumption of the Products. As with any other products, the consumption of the Products offered by the Site shall be responsible and educated. The User is the only one responsible to review the Products and assess their proper consumption and benefits that the User will achieve. The Company is not responsible to warn, explain or otherwise detail the risks arising out of the misuse, wrong consumption or any other event of misappropriation of the Product(s). User waives any claims for personal injury or death against Company.
- The Site and all images, texts, data, designs, artwork, photographs, audio and video clips, and all software used by the Site, including source code are owned or licensed by Us.
- The Company expressly defines and identifies all the recipes, Cleanses combinations and mixes and any other proprietary information relating to the Products as its proprietary information included in the scope of its Intellectual Property.
- Company owns all intellectual property rights in and associated with the Site, including without limitation copyright, trademarks, patents and more. Any logos, images, trademarks, service marks and other commercial signs and names (together “marks”) used on the Site are the property of the Company and the Users are hereby expressly prohibited to copy, reproduce or make any other use without prior written approval of the respective owners of such marks.
- Users are not allowed to copy, transmit, edit or otherwise use any intellectual property belonging to the Company, without a prior written authorization for such use. Users are granted a limited license to view the Site or use it for the purpose of purchasing Products in accordance with the terms and conditions contemplated herein.
- If User is interested in using Site’s link for redirecting potential clients and users to the Site, the User must obtain Company’s approval for using such link, in the absence of which the User will be considered in breach of the Company’s intellectual property.
Claims and Dispute Resolution
The Company encourages efficient, peaceful and amicable resolutions of any disputes, claims or demands by the User. By visiting the Site or any of the Company’s social media pages, the User hereby agrees as follows:
- Any dispute must be referred to the binding arbitration only. The arbitration must follow the rules of the Canadian Arbitration Association. If the Parties cannot agree on the identity of an arbitrator within 10 business days from the Party’s notice of proposed arbitration, such arbitrator shall be appointed by the Canadian Arbitration Association.
- In reviewing and deciding the dispute, the arbitrator will apply the laws of Ontario to any issues arising from these terms and conditions or from the User’s use of the Site.
- If any attempt is made to forego the arbitration and the User is requesting to commence legal proceedings despite the provisions contemplated herein, the User must apply to the courts of Toronto, ON and the law of Ontario shall be applicable to the case.
Use of Forum and Social Media Pages
- When registering for the Site operated forum or social media pages, You grant Company an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Site for any purpose We might find fit and at our absolute discretion.
- You agree that any information posted on the Site must not, in any way whatsoever, be potentially or actually harmful to the Company or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Company. If Company identifies any such harmful content, it has the right to delete the content and deny the User responsible for posting such content any access to its website or services, all without any prior notice to the User.
- Without limiting any provision of this Agreement, any information You supply to Company or publish in the Forum must be up to date and kept up to date and must not:
- be false, inaccurate or misleading or deceptive;
- be fraudulent or involve the sale of counterfeit or stolen items;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
- be defamatory, libellous, threatening or harassing;
- be obscene or contain any material that, in Our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
- contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Site, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
No Warranties and Limitation of Liability
- THE USER HEREBY AGREES TO RELEASE AND FOREVER DISCHARGES THE COMPANY FROM ANY CLAIM, COMPLAINT, LEGAL OR ADMINISTRATIVE PROCEEDINGS AND OTHER DEMAND, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER HEREBY AGREES AS FOLLOWS:
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, BUG-FEE, VIRUS-FREE, OPERATING, SAFE, SECURE OR THAT THERE WILL BE NO DISRUPTIONS OR MISTAKES WHETHER ON THE SITE, SOCIAL MEDIA PAGES OR ELSEWHERE.
- THE COMPANY IS NOT RESPONSIBLE FOR ANY INFORMATION PROVIDED BY THE THIRD PARTIES AT THE SITE, AND THE USER HEREBY FOREVER RELEASES THE COMPANY AND WAIVES ANY OF THEIR RIGHTS AGAINST THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED BY OR ACTIONS MADE BY ANY THIRD PARTY AT THE SITE OR THE COMPANY’S SOCIAL MEDIA PAGES.
- IN NO EVENT WILL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY OUT OF POCKET EXPENSES, WHETHER BASED ON CONTRACT, TORT, COMMON LAW OR EQUITY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, SOCIAL MEDIA PAGES, OR ANY PRODUCTS PURCHASED THROUGH THE SITE (except for the Product’s respective warranty), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVEN SHALL THE CLAIM OF THE USER EXCEED THE COST OF THE PURCHASED PRODUCT OR $100.00, WHICHEVER IS HIGHER, AND THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE USER SHALL BE TO STOP USING THE SITE.
- The User hereby understands and consents that the access to the Site, using of its content and purchasing of any Products offered at the site is conditional upon User’s full and unconditional acceptance of the terms and conditions contemplated herein. The User hereby agrees to waive any claims of unreasonableness, unconstitutionally or unenforceability of these terms and conditions. The User further agrees that the terms and conditions contained herein shall completely bar and prevent the User from raising any claims or requests to the court to declare these terms and conditions or any part thereof as unenforceable.
- Any inquiries for the authorization to use, sell, market or otherwise promote User’s products or services through the Site shall be forwarded to the Sales department : firstname.lastname@example.org
- Any complaints, demands, disputes and claims shall be forwarded to the Customer Support department: email@example.com
- Any other inquiries shall be forwarded to the general information department: firstname.lastname@example.org