TERMS OF USE
WELCOME TO BOTANIX HEALTH WEBSITE (THE “SITE”). THIS SITE IS OWNED AND OPERATED BY BOTANIX HEALTH INC. (HEREINAFTER, BOTANIX HEALTH INC. AND ITS PARENT AND AFFILIATED AND SUBSIDIARIES WILL BE REFERRED TO AS “US”, “WE”, “THE COMPANY” OR “BOTANIX HEALTH”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE FOLLOWING TERMS OF USE. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS OF USE, YOU SHOULD NOT USE THIS SITE. IN ADDITION, WHEN USING PARTICULAR FEATURES AND SERVICES ON THE SITE, YOU WILL BE SUBJECT TO ANY POSTED GUIDELINES AND RULES APPLICABLE TO SUCH FEATURES AND SERVICES, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.
PURPOSE OF THE SITE
The purpose of the Site is to provide you with information about BOTANIX HEALTH, our products and stores, the campaigns that WE support and the activities WE undertake. In addition, you may be able to purchase products and services through the Site. If you are under 18, you may use this Site only with involvement of a parent or guardian.
PRODUCT AND SERVICE AVAILABILITY
THE AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BOTANIX HEALTH cannot guarantee that products and services advertised on the Site will be available when ordered or thereafter. The listing, description of, or reference to, a product or service on the Site does not mean that the name and description of any product or service other marketplace websites will be the same as that included on the Site. The Site contains information about the availability of inventory of Canadian merchandise. WE cannot guarantee that a product listed as “In stock” will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out or of diminished inventory by the time your order is processed.
PREPACKAGED GIFTS
Prepackaged gifts are assembled individually and may vary slightly. BOTANIX HEALTH reserves the right to substitute a product of equal value and nature if the original product becomes unavailable.
ERRORS AND MISPRINTS
BOTANIX HEALTH endeavours to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. BOTANIX HEALTH does not warrant that the content of the Site including, without limitation, product descriptions, colours or photographs of products, is accurate or complete.
BOTANIX HEALTH reserves the right to do the following, without prior notice or liability to you or any other person: (a) correct any error, inaccuracy or omission; (b) change the products and services advertised or made available for sale on the Site; (c) change the prices, fees, charges of such products and services; (d) change any promotional offers; and (e) limit quantities available for sale or sold.
PRICES
All prices and other amounts appearing on the Site are quoted in Canadian dollars. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
ORDER ACCEPTANCE
The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. Your submission of an electronic or other form of order confirmation does not signify our acceptance of your order. WE reserve the right at any time and without liability to you or any other person to reject, correct, cancel or terminate any order, including accepted orders.
REFUNDS AND EXCHANGES
WE guarantee your satisfaction with all BOTANIX HEALTH merchandise. However, if you are not satisfied, you may return any of our products, with your receipt, for a merchandise exchange, or a full refund of the purchase price (minus shipping and handling charges). For full details please read our Returns, Refunds and Exchanges Policy.
PAYMENT
You are responsible for any payments due for any products or services ordered online. If WE do not receive payment from your credit issuer or its agents, WE reserve the right to cancel the order without any liability to US.
SALES TAX
WE are required by law to charge applicable sales tax on products shipped to those provinces and territories that charge such a tax and in which WE operate. Currently, WE sell across Canada.
LOYALTY PROGRAM
WE may from time to time offer a Customer Loyalty Program (Program). Throughout the duration of this program registered Users of the Site may accumulate Customer Loyalty Points (Points) through purchases made via the Site. Points collected are based on the purchase amount exclusive of any tax and shipping and handling fees. Registered Users must be logged-into their Account to accumulate Points at the time of making a purchase. Points are not transferable. Points have no cash value. Users must accumulate and redeem a minimum of 5000 Points. If Users want to redeem more than 5000 Points they must do so in increments of 5000 Points. Guest Users and Users that are not logged-into their Account at the time of making a purchase will not accumulate Points.
Points do not expire. However, WE reserve the right to close a User Account without notice if the User does not earn or redeem any Points at least once every year or for any reason set out in these Terms and Conditions.
If Users return a purchase, their Account balance may be reduced by the number of Points earned for that purchase at our sole discretion. If a refund or correction is applied to a User’s Account, the Account balance will be adjusted up or down by the number of Points related to the refund or correction, as applicable, and the Account balance may become negative. Upon the return or exchange of purchases earned through the redemption of Points all redeemed Points will be forfeited and the User will receive the value of the returned merchandise in the form of a coupon code.
Our records of the number of Points earned, redeemed or deducted are deemed accurate. If Users have a concern regarding their Account balance, they must contact US and provide relevant evidence within 15 days from the relevant transaction date to report any discrepancy. If WE do not hear from a User within 15 days, it means the User agrees with US about those Points.
WE are not responsible for any errors that may occur in the sending or loading of offers or purchases. WE are not obligated to honour a request to earn or redeem Points that were not earned or redeemed due to an error or delay in the sending or loading of offers or purchases. Furthermore, the Program is a courtesy rewards program offered at our sole discretion. WE may at any time and without any notice cease any and all parts of the Program.
WE recommend Users redeem their Points prior to closing their Account, any Points not used by the time of Account closure will be forfeited. If less than 5000 points have been accumulated, no Points can be redeemed, and the accumulated Points will be forfeited. Points do not have any cash value, and cannot be exchanged for cash.
WE reserve the right to restrict, suspend or otherwise change the Customer Loyalty Program. We may modify, in whole or in part, the following elements:
- The eligibility conditions for participating in the Program,
- The manner in which a User participates in the Program,
- The manner and rate at which Points are earned, and
- The manner and rate at which Points are redeemed
In the event these Terms and Conditions, or any aspect of the Program is restricted, suspended or changed, we will provide registered Users notice at least 30 days before the amendment comes into effect. Such notice will be provided by updating these Terms and Conditions posting the amended Terms and Conditions or by sending registered Users a notice using their Account email. Upon receipt of such notice, Users may rescind or cancel their participation in the Program within 30 days of the such notice’s issue date. Any Points not redeemed within this period of 30 days will be forfeited.
If you choose to participate in our Loyalty Program, you are deemed to have read, understood and agreed to these Terms and Conditions.
OWNERSHIP AND PERMITTED USE OF THE SITE
BOTANIX HEALTH is, unless otherwise stated, the owner of the Site (including all content, page headers, custom graphics, button icons, and scripts and the presentation, selection, coordination, enhancement and arrangement of the information and content in the Site). Without limiting the foregoing, the Site is protected by Canadian and international copyright, trade mark and other laws as a collective work and/or compilation. Your use of the Site does not transfer to you any ownership or other rights in the Site or its contents.
The Site is made available to you for your lawful, personal use only. You may use the Site only in the manner expressly described in these Terms of Use and subject to all applicable laws. using the Site for any other purpose or in any other manner is strictly prohibited. Except as provided below, you may not copy, imitate, publish, republish, distribute, extract, re-use, upload, post, transmit, modify, index, catalogue or reproduce any part of the Site, in whole or in part, without prior written consent of BOTANIX HEALTH. You may print pages from the Site provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not without the prior written permission of BOTANIX HEALTH use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
WE do not solicit nor do WE wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to US, any comments, feedback, information or other material (“Submissions”) submitted or sent to US will be deemed not to be confidential or secret. Such Submissions may not contain any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” By submitting or sending Submissions to US you represent and warrant that the Submissions are original to you and that no other party has any rights to the Submissions. If you send Submissions to BOTANIX HEALTH or the Site, you automatically grant (or warrant that the owner of the Submission grants) to BOTANIX HEALTH and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, exploit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of BOTANIX HEALTH or its successors, assigns or licensees. You also agree, represent and warrant that any “moral rights” in the Submissions have been waived in favour of BOTANIX HEALTH and its successors, assigns and licensees.
TRADEMARKS
All brand, product and service names used in the Site are the trademarks, trade names or service marks of BOTANIX HEALTH Inc. unless otherwise stated. You may not use or reproduce any such trade marks, trade names or service marks, or use any meta tags or any other “hidden text” utilizing any such trademarks, trade names or service marks, without the express prior written permission of BOTANIX HEALTH Inc. or the owner of such trade marks, trade names or service marks.
MODIFICATION OF THE SITE AND THE SERVICES
WE reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. WE may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. WE may suspend or terminate your ability to purchase through the Site.
CONTESTS
From time to time BOTANIX HEALTH may make contests available to users of the Site and others. All contests are governed by these Terms of use and the applicable Contest Rules. By participating in a contest through the Site, you signify your agreement and acceptance of these Terms of use and the applicable Contest Rules.
EXTERNAL LINKS
WE may provide links to other websites from time to time. These links are provided for your convenience. WE do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
DISCLAIMER OF WARRANTIES
THE SITE, AND ANY CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BOTANIX HEALTH DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR THEY MAKE ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR ANY CONTENT AVAILABLE ON THE SITE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
ALL PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE EXPRESS WARRANTIES, REPRESENTATIONS AND CONDITIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WE DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPLICATION, NOTWITHSTANDING ANYTHING TO THE CONTRARY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE REMEDY FOR ANY CLAIM FOR DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCT OR SERVICE LISTED OR PURCHASED ON OR THROUGH THE SITE SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR SUCH PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THE SITE OR ANY PRODUCT SOLD THROUGH THE SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE IMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING EXCLUSIONS OR LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
AMENDMENT OF THE TERMS
WE reserve the right to amend these Terms of Use without notice to you from time to time. If WE decide to change these Terms of Use WE will post those changes here. WE encourage you to visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on the Site.
APPLICABLE LAW
These Terms or Use are governed by and will be construed in accordance with the laws of Canada and Ontario, as applicable therein, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms of Use, or your access or use of the Site shall be subject to the exclusive jurisdiction of the Superior Court of Ontario and the Federal Court.
GENERAL
If any provision of these Terms of use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms of use and the remaining provisions will continue in full force and effect. These Terms of use ensure to the benefit of and is binding upon each of BOTANIX HEALTH and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. BOTANIX HEALTH may assign these Terms of use and its rights and obligations under these Terms of use without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. The parties have expressly requested and required that these Conditions of use and all other related documents be drawn up in the English language. Any rights not expressly granted by these Terms of use are reserved to BOTANIX HEALTH.
COMMENTS
If you have any comments or questions about or Site please contact our customer service department via our contact form
OPERATOR NOTICES
All notices to you shall be sent to the email or mailing address that you provide to US when you purchase. Such notice shall be deemed given one business day after the email is sent.