UNITY Nutrition Inc.
www.unitynutrition.ca
Terms and Conditions of Use
READ AND ACCEPT THE FOLLOWING IMPORTANT TERMS BEFORE USING OUR WEBSITE OR SERVICES.
General
1.1 Welcome to unitynutrition.ca (the “Website”). The following terms and conditions (the “Terms”), including the Privacy Policy incorporated herein, apply to all users of our services, content, online databases, and Website, including those that create any accounts with us (an “Account”) through our Website, (such users are hereinafter referred to as “you” or “your”). These Terms govern your use and access of the Website and the placement of all orders by you with UNITY Nutrition Inc. (“UNITY”, the “Company”, “us”, “we”, or “our”) through the UNITY Website. If you are using or accessing our Website on behalf of an entity, then you represent and warrant that you: (i) are an authorized representative or agent of that entity with the authority to bind such entity to these Terms; and (ii) agree to these Terms on behalf of such entity. In such a circumstance, the words “you” and “your” as used in these Terms will refer to and apply to both that entity and you personally.
1.2 You must read the following Terms carefully before using or accessing the Website. By using or accessing our Website or services on our Website, including purchasing products from UNITY, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you must not submit personal information on our Website and you must leave our Website immediately. By not agreeing with or accepting any of these Terms, you will not be allowed to access our services unless we agree otherwise.
1.3 UNITY reserves the right to modify these Terms, or any part thereof, at any time, by posting the amended version on our Website. Such amendment will become effective seven (7) days after posting of such notice. Your continued use of the Website after such seven (7)-day notice period confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use of the Website, including without limitation any content made available on the Website. These Terms may not be amended in any other way except through a written agreement by authorized representatives of each party. Because your continued use of this Website after the seven (7)-day notice period constitutes acceptance of revisions to the Terms that may be made, please check this page regularly.
Disclaimers
2.1 You acknowledge and agree that:
(a) All Information made available on our Website or otherwise made available by us are for informational purposes only. The materials, content, and other information on the Website is presented “as-is” and may contain inaccuracies, typographical errors, errors, omissions, or mistakes and the Company shall not have any liability related thereto. We do not provide medical or legal advice and nothing on our Website should be construed as being medical or legal advice. Do not use information on our Website as a substitute for medical or legal advice. Information and products on our Website are not intended to diagnose, treat, or prevent any diseases or medical conditions. Always speak with a qualified professional advisor before making medical or legal decisions. Unless otherwise explicitly stated as such, no statements on this Website have been evaluated by Health Canada, the Canada Food Inspection Agency, or the Food & Drug Administration (FDA). Although UNITY strives to provide the latest developments relating to UNITY products and services and other information about UNITY on this Website, the UNITY Website does not warrant the accuracy, effectiveness and suitability of any information contained in this Website. Each customer or user assumes full responsibility and all risks arising from the use of the Website. Subject to section 1.3 of these Terms, UNITY reserves the right to make additions, deletions, or modifications to the Website at any time without prior notification.
(b) UNITY is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise explicitly stated on the Website, UNITY will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums. Such information should therefore be considered as suspect and as not endorsed by UNITY.
(c) This Website may contain forward-looking statements that reflect UNITY’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to the ongoing commercialization of its products, regulatory approvals of natural health products, the stability of its commercial relationships, and the general economic conditions. UNITY intends to update this Website on a regular basis but assumes no obligation to update any of the content.
Registration Obligations
3.1 To use certain parts of our Website, you must first complete the registration process to create an Account. Account registration might involve picking a username and setting a password (collectively, “Credentials”). Your Account and any Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you agree to be responsible for any activities performed under your Account, whether performed by you or another person (with or without your consent). You will not permit any other person to use your Account or Credentials, and you will immediately notify the Company if you know or suspect that your Account or Credentials have been used by any other person.
3.2 We may act upon any communication that is given through your Account or by using your Credentials. We are not required to verify the actual identity or authority of a person using your Account or Credentials, but we may in our discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if we are not satisfied with the verification. If we, in our discretion, consider your Account or Credentials to be unsecure or to have been used inappropriately, then we may immediately cancel the Account or Credentials without any prior notice to you. You may be required to change your Credentials from time to time.
3.3 During the registration process, you will provide true, accurate, current, and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof) by you. Individuals under 18 years of age or below the age of majority in their jurisdiction (whichever is greater) are prohibited from registering for an Account on the Website or using the services provided thereon.
Products & Ordering
4.1 The information and descriptions presented on the UNITY Website are intended as general information, and are not necessarily complete descriptions of each product, or indication for use.
4.2 The inclusion of products or services on the UNITY Website at any given time does not imply or guarantee that these products will be available. UNITY reserves the right to discontinue any product at any time.
4.3 Once you have placed an order on the UNITY Website, you will receive an email confirmation and receipt. If for any reason we are unable to fulfill your order, you will be informed at the earliest opportunity. If your payment has already been processed, UNITY will process a refund for the applicable amount using the same method used to make the payment.
4.4 UNITY reserves the right to revise the pricing of its products at any time without advance notice.
4.5 UNITY endeavours to dispatch orders as quickly as possible and in the order in which they are placed. Products are shipped according to standard methods of shipping in place at the time of order.
4.6 If a product is delivered damaged or in poor condition, then it should be reported promptly to orders@unitynutrition.ca
4.7 If a discrepancy exists between the quantity or items ordered, and the quantity or items received, then this should be reported to orders@unitynutrition.ca within seven days of the receipt of the items.
4.8 Product returns are to be pre-approved by UNITY and should be received within fifteen (15) business days of the authorization of the return. Returns should be confirmed with a customer service representative via orders@unitynutrition.ca.
Use of the Site
5.1 Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website’s materials or content without the prior written permission of the Company is strictly prohibited. The Company reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and the Company reserves the right to suspend or terminate your access to any part of this Website immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website.
5.2 In addition to complying with these Terms, you agree to use this Website and materials and contents on this Website for lawful purposes only and in a manner consistent with local, state, provincial, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
5.3 Potential users of this Website or any of its services or products, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in part; or (ii) render accessing this Website or any of its services, or contents illegal; are not permitted to access or use this Website or any of its services or contents.
5.4 As a condition of your access and use of the Website, you agree:
a) not use this Website, or the contents and materials on this Website in any manner that:
infringes, violates or misappropriates the intellectual property rights of the Company or any third-party;
may be considered defamatory, discriminatory, fraudulent, or otherwise malicious or harmful to any person or entity; or
violates applicable law or would constitute a tort;
b) not to use the Website for any purpose that is unlawful under applicable law, tortious, or prohibited by these Terms;
c) not to use the Website if doing so is unlawful in your jurisdiction;
d) not to use or access, or attempt to use or access, an Account which is not your own;
e) not to register more than one Account;
f) not to transfer, assign, or rent out your Account to any other person;
g) not to use the Website or any of its contents and materials if you are not the age of 18 or the age of majority in your jurisdiction (whichever is greater);
h) not to provide any inaccurate information when registering for an Account;
i) not to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;
j) not to use scrappers, indexing tools, or other automated tools for the purposes of data mining or surveying on the Website;
k) not to use bots or automated tools on the Website;
l) not to mirror or frame any part of the Website;
m) not to harvest or otherwise collect, use or disclose personal information about users, including email addresses, without their prior consent or not in compliance with applicable data protection and privacy laws;
n) not to inhibit any person’s use or access of the Website or impair any element of the Website or its underlying infrastructure;
o) not to defame or disparage anyone or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its content in a way that brings us or any third-party into disrepute or causes us to be liable to any third-party;
p) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third-party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its content except as permitted by us under these Terms or as expressly provided under applicable law;
q) not to use the Website to distribute viruses or malware or other similar harmful software code;
r) not to use the Website to harass, inconvenience, annoy, cause nuisance, occasion violence on any person, or cause property damage;
s) not to use the Website to infringe any person’s intellectual property rights, including without limitation copyright, trademark, trade secret, and patent rights, or rights of publicly or privacy;
t) not to rent out, stream, distribute, lease, publicly perform, publicly display, transmit, broadcast, resell, modify, reproduce, prepare derivative works based upon, or otherwise exploit or commercialize the Website except as expressly permitted by the Company;
u) not to remove any intellectual property or proprietary property notices, including copyright and trademark notices, from the Website; and
v) to comply with any additional posted guidelines or rules applicable to specific services or features relating to the Website which may be posted by us from time to time (such additional guidelines or rules are hereby incorporated by reference into these Terms).
5.5 We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these Terms or any applicable law.
5.6 While we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website. You acknowledge that access and use of the Website may be subject to bugs, malfunctions, delays, and downtime. You recognize that, due to the nature of the internet and electronic devices, your access and use of the Website may be inhibited or affected by factors outside of our control. We may terminate these Terms or stop providing the Website to you at any time in its sole discretion.
5.7 Although the Company reserves the right to monitor, edit, review or remove content from the Website, we do not represent, warrant or promise (whether expressly or by implication) that any content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information that we provide on the Website is at your own risk and we may suspend or terminate operation of the Website at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Website does not constitute technical, health, medical, or legal advice or any other type of advice and should not be relied on for any purposes.
5.8 You are solely responsible for all costs, expenses, and liabilities connected to your access and use of the Website. Without limiting the generality of the foregoing, you are responsible for (a) your internet, wireless, and data costs incurred in connection with your use or access of the Website; and (b) obtaining and maintaining any device or other hardware or software you use to access and use the Website.
5.9 We do not guarantee that the Website will work on all hardware. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use the Website, as updated from time to time.
INTELLECTUAL PROPERTY
6.1 Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, a licence or other right to you to use any (i) UNITY or related words and logos used by us on the Website, or (ii) any other intellectual property rights of the Company. The names of any other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of the Company or of third-parties is strictly prohibited.
6.2 The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. The Company reserves the right to take such steps as it deems necessary, including legal action, to enforce any of its rights under trade-mark and copyright law as applicable.
REPRESENTATIONS AND WARRANTIES
7.1 In addition to and not in derogation of any other representations and warranties you provide to us in these Terms, you represent and warrant to us that:
a) You are 18 years of age or the legal age of majority as that is defined in your jurisdiction (whichever is greater);
b) All information in your Account, and any other information you provide us, is true, accurate, current, and complete, including, without limitation, your age and residency information;
c) You have provided accurate and complete information on your Account registration form and will keep such information updated and current;
d) You are using the Website in a jurisdiction where access to, and use of, the Website (or any part thereof) is not prohibited or illegal;
e) If your business uses the Website, your business has complied with all applicable licensing, permit, and registration requirements related to your business; and
f) You understand the contents of these Terms and have had the opportunity to obtain legal advice with respect to these Terms before agreeing to it.
Limitation of Liability, Disclaimer of Warranties, and Indemnification
8.1 UNITY does not assume any liability for the materials, information and opinions provided on, posted on, or otherwise available through this Website. Reliance on these materials, information, and or opinions is solely at your own risk. UNITY disclaims any liability for injury or damages resulting from the use of this Website, or the content contained thereon. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, JOINT VENTURES, LICENSORS (EXCEPT OTHER USERS), AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SUBSIDIARIES (COLLECTIVELY, THE “REPRESENTATIVES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR OR RELATED TO LOSS OF PROFITS, LOSS OF REVENUES, PROPERTY DAMAGE, LOSS OF GOODWILL, USE, DATA LOSS, PERSONAL INJURY, LOST OPPORTUNITIES, DAMAGE TO REPUTATION, COMMERCIAL LOSS, FINANCIAL LOSS, OR ECONOMIC LOSS, OR INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR BASIS OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE COMPANY, OR THE COMPANY’S REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR GREATER CERTAINTY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANYTHING WHICH RESULTS FROM:
a) YOUR USE OF OR RELIANCE ON THE WEBSITE;
b) YOUR INABILITY TO ACCESS OR USE THE WEBSITE DUE TO ANY CAUSE;
c) ANY TRANSACTION, CONTRACT, RELATIONSHIP OR ENGAGEMENT YOU HAVE WITH ANY THIRD PARTY ON THE SITE;
d) ANY SERVICES OR PRODUCTS YOU REQUEST OR RECEIVE THROUGH THE WEBSITE;
e) YOUR RELIANCE ON CONTENT, THIRD-PARTY CONTENT, OR INFORMATION MADE AVAILABLE ON THE WEBSITE;
f) ANY ACT YOU MAKE OR FAIL TO MAKE AS A RESULT OF YOUR USE THE WEBSITE; OR
g) ANY OTHER MATTER RELATING TO THE WEBSITE.
8.2 YOU AGREE THAT YOU USE THE WEBSITE AND ITS SERVICES, AND CONTENTS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL CONDITIONS OR WARRANTIES WHATSOEVER, WHETHER STATUTORY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE WEBSITE, SERVICES, CONTENT, THIRD-PARTY CONTENT, AND ANY PRODUCTS OR SERVICES REQUESTED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FORGOING, WEBSITE, SERVICES, CONTENT, THIRD-PARTY CONTENT, AND ANY PRODUCTS OR SERVICES ARE PROVIDED WITHOUT STATUTORY, IMPLIED, OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, CURRENCY, RELIABILITY, EFFECTIVENESS, USABILITY, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE WEBSITE OR SERVICES WILL FUNCTION WITHOUT ERRORS, INTERRUPTION, OR DOWNTIME.
8.3 THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING:
a) THE RELIABILITY, SUITABILITY, CERTIFICATION, LEGALITY, SAFETY, TIMELINESS, QUALITY, OR AVAILABILITY OF ANY PRODUCT PROVIDED OR ADVERTISED TO YOU BY ANY THIRD-PARTY;
b) RECOMMENDATIONS FROM ANY OTHER USERS OR THIRD-PARTIES; OR
c) THE TRUTH, COMPLETENESS, OR ACCURACY OF ANY POSTINGS, ADVERTISEMENTS, COMMENTS, OR COMMUNICATIONS MADE BY ANY THIRD-PARTIES.
8.4 WITHOUT LIMITING SECTION 8.1, IN NO CIRCUMSTANCE WILL THE COMPANY OR THEIR REPRESENTATIVES AGGREGATE LIABILITY EXCEED ONE HUNDRED AND FIFTY CANADIAN DOLLARS IN ALL CASES.
8.5 The Company strives to keep your personal information and Account safe from security breaches; however, we cannot guarantee the safety or security of your personal information or Account. BY USING THE WEBSITE, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TO RELEASE THE COMPANY AND ITS REPRESENTATIVES FROM ALL AND ANY LIABILITY FOR ANY HARM, INJURY, LOSS, OR DAMAGES SUFFERED BY YOU AS A RESULT OF A SECURITY BREACH, FAILURE, OR SHORT COMING OF THE SERVICES. If you believe that a security breach is occurring, or will occur, you must notify us immediately.
8.6 Notwithstanding any other provision of these Terms, if applicable law limits or prohibits the application of sections 8.1 to 8.5, then the Company and its Representatives liability will be limited and excluded to the maximum extent permissible.
8.7 You acknowledge and agree that: (a) the Company is not providing medical advice; (b) the Company will not advise you with respect to any medical matters. The Company is not your medical advice professional, including with respect to any concerns you have.
8.8 You agree to defend, indemnify and hold harmless the Company from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of the Website, its content or materials, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, the Company retains the right to participate in the defense of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
8.9 You understand and agree that we are making the Website available to you in reliance upon the limitations and exclusions of liability, indemnities, release, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination, suspension, or cancellation of your Account or suspension or termination of use of, or access to, Website
Privacy Policy
9.1 UNITY understands the importance of privacy to its customers and visitors to its Website. This section of the Terms (the “Privacy Policy”) summarizes what personal information we collect and how we use and disclose this information. The use of personally identifiable information is governed by this Privacy Policy and by accessing and using this Website, you agree to be bound by this policy. If you do not agree, please do not use the Website and do not submit any personal information to us.
9.2 Personal information is information about an identifiable individual (“Personal Information”). We collect Personal Information when you voluntarily provide it through our Website, or when you provide it to us through other means. For example, we may collect Personal Information when you: contact us through email, telephone, mail, or other correspondence; create an Account on the Website; or communicate with us. The Personal Information may include: your full name; contact information, such as your address, telephone number, or email address; your date of birth; and any other Personal Information that you choose to submit to us.
9.3 When you interact with us or other users of the Website we collect certain information. This information may include: information about how, when, and where you use the Website; error logging, event recording and user experience data; and the settings you use on our Website. We also collect information about you from other sources. We may obtain this information from sources such as publicly available sources. When you use our Website, we may also collect information that is automatically sent to us by your web browser or your device. This information may include your IP address. We may also collect other information, such as the type of browser you use, which of the Website’s pages you view, and the files you request.
9.4 We use this information to improve our understanding of how users use our Website, to improve our Website, attract more users, to learn together with our users, and to store data for users own personal use. We may also use the information collected for our own products’ research and development purposes. The amount of information that is sent to us by technological means depends on your browser or device and settings you use. Please refer to the instructions provided by your browser or device if you want to learn more about what information it sends to Website you use, or how you may change or restrict this.
9.5 We and any third-parties we partner with may use cookies and other similar technological means (collectively, “Cookies”) on our Website to help us collection information through technological means. These technological tools may track or collect information such as: IP addresses; the type of web browser and operating system used; and the pages of the Website visited. We use Cookies for various reasons, including: to improve functionality and performance of our Website, including tailoring our Website to increase relevancy of content displayed to you; to facilitate your transactions on the Website; to authenticate users of our Website; to provide us with insights on how users use our Website and other analytics, such as traffic on our Website; and to remember your settings and preferences. Cookies also help to avoid delivering the same advertisements to you too many times and measure the usefulness of advertisements you have been delivered. Information gathered by Cookies may be shared with third parties, including advertisers. This means that sometimes you’ll see our Website advertised elsewhere on the internet.
9.6 We obtain your consent to our Cookies by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make your choice. You have the right to object to the use of Cookies. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective in relation to Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to Adobe’s website (www.adobe.com). Please be aware that if you disable or remove these Cookies some parts of our Website will not work and that when you revisit our Website your ability to limit cookies is subject to your browser settings and limitations. You can also find out more information about managing, disabling, and deleting cookies at www.allaboutcookies.org.
9.7 Do Not Track is a privacy option that people can set in certain web browsers. Do Not Track is a way for individuals to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or other online services. However, we do not recognize or respond to Do Not Track requests, and we have no special monitoring services to identify which browsers are using Do Not Track options and which do not.
9.8 The information we collect from you may be used by us for the purposes for which it was collected, as provided in this Privacy Policy, or for other purposes that are disclosed to you and to which you consent. We may use and disclose information collected from you as follows: to register your Account on the Website; to verify and authenticate your Account information; to facilitate a transaction; to serve you relevant advertisements and content; to send you informational, administrative, or promotional communications if you explicitly consented to receive these communications; to respond to inquiries and provide you with customer support; to increase the security and safety of our Website and users; to perform analytics on our Website; for any other purposes that are disclosed to you and to which you consent; and for any purpose required by law. We also combine, analyze, process, and store information we collect from you for the purposes of facilitating and improving our Website. We may transfer information we collect from you to third party service providers that assist us with carrying out any of these purposes.
9.9 You have a right to access to your Personal Information and to request a correction to it if you believe it is inaccurate. If you have submitted Personal Information and would like to have access to it, or if you would like to have it corrected please contact us using the contact information provided below.
9.10 Some or all the information we collect may be stored or processed in jurisdictions outside of Canada. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions.
9.11 We reserve the right to transfer Personal Information to a third-party in the event that we merge with or are acquired by a third-party, or as part of the negotiations leading up to such merger or acquisition. We also may disclose your Personal Information for any other purpose permitted by law or to which you consent.
9.12 This Privacy Policy does not apply to applications, technologies or websites that are owned by and/or operated by other parties. The relevant third party’s terms of use, privacy policy, permissions, notices and choices should be reviewed by yourself regarding their collection, storage and sharing practices since they may be different from ours.
9.13 The security of your Personal Information is important to us. We protect your Personal Information by maintaining administrative, physical, and technological safeguards appropriate to the sensitivity of such Personal Information. Personal Information may only be accessed by persons within our organization who require such access to provide you with the services indicated above. When a user contacts us and requests that their information be deleted, the information will be permanently deleted from our database. Users may also, upon request, review any information we hold about them in our possession.
9.14 You recognize and agree that when submitting your personally identifiable information to UNITY, while UNITY has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. There is always a risk of harm that remains despite the fact that UNITY has applied mitigation measures designated to minimize the risk and impact of potential harms. Harms could include identity theft or financial loss. In the unlikely event of an interception or unauthorized access despite UNITY’s best efforts, UNITY shall not be responsible for such interceptions or unauthorized access, or any direct or indirect, special, incidental, or consequential damages suffered by a customer or user. UNITY does not warrant, either expressly or impliedly, that the information provided by any customer shall be free from interception or unauthorized access and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.
9.15 By using our Website, you confirm that you are at least 18 years old and the age of majority in your country and have the legal ability to consent to the use of your Personal Information on our Website. IF YOU ARE UNDER 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, THEN PLEASE DO NOT USE OR ACCESS OUR WEBSITE. If you are the parent or legal guardian of a child under 18 years old who uses our services and you wish to have your child’s Account terminated and Personal Information deleted, then please contact us at the address below to have your child’s Account terminated and Personal Information deleted.
9.16 If you have any questions regarding this Privacy Policy, or to access your information, please contact our Privacy Officer Cindy Hernandez at cindy@unitynutrition.ca
Term And Termination
10.1 These Terms are effective upon your acceptance of these Terms. If you have not accepted these Terms, you must cease using the Website immediately.
10.2 You may terminate these Terms at any time by providing us written notice at info@unitynutrition.cawith your Account name. If you terminate these Terms you are prohibited from accessing or using the Website.
10.3 We may terminate these Terms at any time by providing written notice to the contact address on file in your Account.
Disputes
11.1 You agree that in the event of any dispute between you and the Company arising out of or relating to these Terms or the relationship between any the Company and you, that you and the Company shall consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both you and the Company. If you and the Company do not reach settlement within a period of 60 days, then such dispute shall be referred to and finally resolved by mandatory and binding arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre. The appointing authority shall be the British Columbia International Commercial Arbitration Centre. The case shall be administered by the British Columbia International Commercial Arbitration Centre in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada. The number of arbitrators shall be set to one unless otherwise required by the Rules. The language of the arbitration will be English. The existence and content of the arbitration proceedings, including documents submitted by the parties, correspondence to and from the British Columbia International Commercial Arbitration Centre, correspondence to and from the arbitrator, and orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third-party (except for professional advisors) without the express written consent from the other party unless: (a) (i) the disclosure to the third-party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third-party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein; or (b) such disclosure is required by applicable law or court order. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its rights, and for any other purpose, in any court of competent jurisdiction.
You may opt out of the above arbitration clause in this section 11.1. If you opt out, then neither you nor we will be able to require the other to participate in arbitration for the purposes of resolving any dispute, claim or controversy between you and the Company arising out of or relating to these Terms or the relationship between both the Company and you. To opt out, you must, within 30 days of accepting these Terms, deliver to the Company a clear written statement indicating that you wish to opt out of the arbitration provisions in these Terms. The statement must contain: (a) your name; (b) your address; (c) your telephone number; (d) your email address; and (e) your Account name (if any). The opt-out statement must be delivered to the following address:
PO BOX 10045,
Pacific Centre,
Vancouver, BC V7Y 1A1
If you opt out of the arbitration clause in the manner provided above, then you irrevocably agree that the courts of British Columbia will have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or related to these Terms or your relationship with the Company.
11.2 You agree to waive any right you may have to commence or participate in any class action against either the Company related to any claim and, where applicable, you also agree to opt out of any class proceedings against the Company. Where applicable, if a dispute arises between us and you, you waive any right you may have to participate in a trial by jury with respect to that dispute.
MISCELLANEOUS
12.1 Sections 2,5,6,8,9,10, and all other provisions of these Terms which must survive termination of these Terms to fulfill their purpose will survive termination of these Terms or the cancellation of your Account.
12.2 These Terms, which incorporate the Privacy Policy, constitute the entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
12.3 Notwithstanding section 12.2 of these Terms, your use of the Website is subject to any other written and duly executed contracts you may have with the Company (a “Supplemental Contract”). In the case of any conflict between these Terms and a Supplemental Contract, the terms of such Supplemental Contract shall prevail.
12.4 We may assign these Terms in part or in their entirety, including our rights, interests, and obligations hereunder, without notice to you or your consent. These Terms are personal to you and you may not assign these Terms nor your rights, interests, or obligations under this these Terms to any person.
12.5 The courts in some countries or provinces will not apply the law of British Columbia to some types of disputes. If you reside in one of those countries or provinces, then where British Columbia law is excluded from applying, your country or province’s laws will apply to such disputes related to these Terms. Otherwise, these Terms are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
12.6 Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. No waiver of a breach of these Terms will constitute a waiver of any other breach of these Terms.
12.7 To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms are held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
12.8 Headings are for convenience only and shall not affect the interpretation of these Terms.
12.9 References to dollar amounts in these Terms and on the Website are in Canadian dollars unless otherwise stated in writing.
12.10 The parties acknowledge that they have required that the Terms, and all related documents be prepared in English. Les parties reconnaissent avoir exigé que les présentes modalités de vente et tous les documents connexes soient rédigés en anglais. If these Terms are translated into another language, the English language text shall in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in these Terms, it means “including (or includes) without limitation”.
12.11 These Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs and permitted assigns.
12.12 The Company may give notice to you by email, letter, or SMS to the applicable address or number you provide on your Account or by notice posted on the Website. You may provide notice to us by letter to PO BOX 10045, Pacific Centre, Vancouver BC V7Y 1A1.
12.13 You agree to provide such further documents or instruments, and take such further actions, reasonably requested by the Company, to effect the purposes of these Terms and carry out its provisions.
12.14 In no event will the Company be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent that such failure or delay is caused by any circumstances beyond the Company’ reasonable control, including acts of God, flood, fire, earthquake, tsunami, explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of these Terms, national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.