PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS OF USE (HEREIN REFERRED TO AS THE “USER AGREEMENT”) APPLY TO ALL PAGES OF THE NUTRITION VILLAGE INC WEBSITE. USERS ARE THUS ENCOURAGED TO FAMILIARIZE THEMSELVES WITH THIS DOCUMENT.
By visiting, browsing, shopping, accessing or otherwise using this website (THE “SITE”) operated by Nutrition Village Inc, You agree to be bound by these terms and conditions.
IMPORTANT INFORMATION ABOUT THIS LEGAL CONTRACT
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, at the sole discretion of Nutrition Village. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Pledge frequently
ACCEPTANCE OF CONTRACT TERMS
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Nutrition Village (References to “you” or “your” shall relate to a customer of Nutrition Village or other party that visits, browses, shops, accesses or otherwise uses the Site (the “Customer”); references to “Nutrition Village” shall relate to Nutrition Village and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by Nutrition Village from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Canadian and United States copyright laws and international treaties. This Site is controlled and operated by Nutrition Village from its offices within Canada. Nutrition Village makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the province of Ontario without regard to conflict of law rules. You consent to jurisdiction of the federal and provincial courts located in Ontario to hear any such claims.
ACCESS, INTERFERENCE AND LINKING
Nutrition Village grants you a limited license to access and make personal use of the Site. Modification, replication and/or retention of our proprietary content is hereby forbidden except as provided below under “Use Restrictions” or with express written consent of Nutrition Village. The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Nutrition Village; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Nutrition Village.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Nutrition Village, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nutrition Village logo or other proprietary graphic or trademark as part of the link without express written permission.
Nutrition Village does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
USE RESTRICTIONS
The copyright in all material provided on this Site is held by Nutrition Village or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Nutrition Village or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Nutrition Village’s prior written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks and registered trademarks are the sole property of their respective owners. Photograph courtesy of respective manufacturers.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Nutrition Village be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Nutrition Village or a Nutrition Village authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
PRIVACY
Please review our Privacy Notice, which also governs your visit to this Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Nutrition Village reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
COMMUNICATIONS TO NUTRITION VILLAGE
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Nutrition Village for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Nutrition Village is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Nutrition Village or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:
Nutrition Village
2300 Yonge St., #C-39 Yonge Eglinton Centre,
Toronto, ON M4P 1E4, Canada
Phone: +1 (416) 489 4592
Email: [email protected]
DISAGREEMENT WITH THESE TERMS AND CONDITIONS
If you disagree with any of the terms and conditions of this User Agreement, refrain from visiting, browsing, shopping, accessing or otherwise using this Site.
NUTRITION VILLAGE TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY.
The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with Nutrition Village in which case the separate agreement shall govern).
Important Information About This Legal Contract This Sale Agreement is a legal contract between the Customer and Nutrition Village. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to “you” or “your” shall relate to the Customer; references to “Nutrition Village” shall relate to Nutrition Village and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Nutrition Village relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Nutrition Village. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Nutrition Village at the address provided below. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Nutrition Village reserves the right to cancel, amend and/or refund orders placed without prior consultation.
GOVERNING LAW
This agreement and any sales hereunder shall be governed by the laws of the Ontario, without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or provincial courts located in Canada for purposes of any suit, action or proceeding arising out of this sale agreement.
TITLE; RISK OF LOSS
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility. Title to software will remain with the applicable licensor(s).
EXPORT SALES
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void for goods exported outside Canada. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
GENERAL LEGAL DISCLAIMER
Nutrition Village hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by Nutrition Village in no way affects the terms of the manufacturer’s warranty, if any.
PRODUCT DISCLAIMER
***The products and the claims made about specific products on or through this site have not been evaluated by nutrivillage.ca or Nutrition Village and are not approved to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem. Nutrition Village is not responsible for any statements or claims that various manufacturers make about their products or the general information provided for each product on this website. We cannot be held responsible for typographical errors or product formulation changes. Please consult with your own physician or health care practitioner regarding the suggestions and recommendations made at Nutrition Village and especially before using any product sold on this website.
INTERNET DISCLAIMER
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
PRICING AND INFORMATION DISCLAIMER
All pricing is subject to change. For all prices, products and offers, Nutrition Village reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Nutrition Village uses reasonable efforts to include accurate and up-to-date information on the Site, Nutrition Village makes no warranties or representations as to the Site’s accuracy. Nutrition Village assumes no liability or responsibility for any errors or omissions in the content on the Site.
LIMITATION OF LIABILITY
Nutrition Village will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Nutrition Village will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, Nutrition Village is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
All prices are in Canadian Dollars and valid only in our online Store. Product availability, pricing, and promotions are subject to change without notice.
The information on this web site is not intended to be a substitute for advice from your doctor or your health care practitioner. You should never ignore medical advice from your healthcare professional or delay in seeking such advice because of information obtained from this site. 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. Nutrition Village is not responsible for any typographical errors or misprints.
ORDERS; PAYMENT TERMS; TAXES
Orders are not binding upon Nutrition Village until accepted by Nutrition Village. Prices listed on the site are indicated as an invitation to treat, without prejudice, and are not contractually binding. Terms of payment are within Nutrition Village’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Nutrition Village may invoice parts of an order separately. The Customer is responsible for sales and all other taxes associated with the order.