Terms and Conditions
AGREEMENT BETWEEN USER AND WWW.LIBERATIONTHEREMEDY.COM
Welcome to www.liberationtheremedy.com. The www.liberationtheremedy.com website (the “Site”) is comprised of various web pages operated by Liberationtheremedy.com and associated companies. www.liberationtheremedy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.liberationtheremedy.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.liberationtheremedy.com is an E-Commerce Site for the sale of holistic wellness products.
We will provide you with access to the Website and the Online Sales in accordance with the Conditions.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
You warrant that: the User Information which you are required to provide is accurate and true to your knowledge. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
We reserve the right to:
modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Visiting www.liberationtheremedy.com or sending emails to Liberationtheremedy.com and associated companies constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER THIRTEEN
Liberationtheremedy.com and associated companies collects personally identifiable information from children under the age of thirteen. Liberationtheremedy.com and associated companies collects this information for the following reason(s):
- Although liberationtheremedy.com does not permit sale to minors, liberationtheremedy.com does not screen the age of its buyers, so a buyer could be under the age of 13.
- If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.liberationtheremedy.com only with permission of a parent or guardian.
All orders are subject to acceptance in accordance with our order screening and approval policies and availability. If the Product you have ordered is not available from stock you will be contacted by e-mail and you will have the option either to wait until the item is available from stock or to cancel your order in accordance with our Cancellation Policy.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Product including, without limitation terms and conditions concerning estimated delivery times and warranty. All details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was inputted. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect product availability exactly at the moment you place an order.
All prices in Canada are inclusive of VAT at the current rates and are correct at the time of entering information. Sales in the United States have sales tax added as required. The total cost of your order is the price of the Products plus Shipping and Handling and Sales Tax (if required by your local jurisdiction). You will receive an electronic confirmation of our receipt of your order via e-mail. Payment can be made by any of the specified Payment Methods. Payment will be debited and cleared from your account before shipping your Product. You confirm that the credit/debit card that is being used is yours.
All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. We do not store any details of your credit card nor do we have access to any information on the authorization process of your credit card, the only information we are told by our credit card processors (Paypal) is whether your transaction is authorized.
REFUSAL OF TRANSACTION
We reserve the right to withdraw any Products from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from the Website whether or not that Product has been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
The eligibility to purchase Products on the Website is limited to those parties who are over the age of 18, and meet our eligibility criteria.
By making an offer to buy a Product, you specifically authorize us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
See separate return policy.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
www.liberationtheremedy.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Liberationtheremedy.com and associated companies and Liberationtheremedy.com and associated companies is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Liberationtheremedy.com and associated companies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Liberationtheremedy.com and associated companies of the site or any association with its operators.
Certain services made available via www.liberationtheremedy.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.liberationtheremedy.com domain, you hereby acknowledge and consent that Liberationtheremedy.com and associated companies may share such information and data with any third party with whom Liberationtheremedy.com and associated companies has a contractual relationship to provide the requested product, service or functionality on behalf of www.liberationtheremedy.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Liberationtheremedy.com and associated companies or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Liberationtheremedy.com and associated companies content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Liberationtheremedy.com and associated companies and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Liberationtheremedy.com and associated companies or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Liberationtheremedy.com and associated companies from our offices within the USA and Canada. If you access the Service from a location outside of North America, you are responsible for compliance with all local laws. You agree that you will not use the Liberationtheremedy.com and associated companies content accessed through www.liberationtheremedy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Liberationtheremedy.com and associated companies, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Liberationtheremedy.com and associated companies reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Liberationtheremedy.com and associated companies in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Liberationtheremedy.com and associated companies agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIBERATIONTHEREMEDY.COM AND ASSOCIATED COMPANIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LIBERATIONTHEREMEDY.COM AND ASSOCIATED COMPANIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIBERATIONTHEREMEDY.COM AND ASSOCIATED COMPANIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Liberationtheremedy.com and associated companies reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and/or the Province of Ottawa, and you hereby consent to the exclusive jurisdiction and venue of courts in New York and/or the Province of Ottawa in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Liberationtheremedy.com and associated companies as a result of this agreement or use of the Site. Liberationtheremedy.com and associated companies’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Liberationtheremedy.com and associated companies’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Liberationtheremedy.com and associated companies with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Liberationtheremedy.com and associated companies with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Liberationtheremedy.com and associated companies with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Liberationtheremedy.com and associated companies reserves the right, in its sole discretion, to change the Terms under which www.liberationtheremedy.com is offered. The most current version of the Terms will supersede all previous versions. Liberationtheremedy.com and associated companies encourages you to periodically review the Terms to stay informed of our updates.
Liberationtheremedy.com and associated companies welcomes your questions or comments regarding the Terms:
Liberationtheremedy.com and associated companies
Effective as of May 01, 2018