What are your Terms of Use?
Thank you for visiting the CanadaOnly™ Web site (the “Site”). CanadaOnly.ca is a leading online grocer, health and wellness store. The Site is designed to provide a convenient, private and informative shopping experience for consumers to purchase products essential to healthy, everyday living. Accessible 24 hours a day, 7 days a week, the CanadaOnly.ca online store offers a larger selection of products than typical store-based retailers, along with a wealth of health-related information, buying guides and other tools designed to help consumers make educated purchasing decisions. CanadaOnly Inc. and its subsidiaries, affiliates, and fulfillment partners (“we,” “us,” “our”) want each visitor to the Site (“you”) to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other. By using the Site you agree to be bound by the terms set forth herein. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing..
TRADEMARKS
CanadaOnly™ and the following are our trademarks and service marks:
CanadaOnly.Ca
All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the “Account Information”) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy by clicking here.
You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree that your use of robots, spiders, crawlers, wanderers, Web agents and other such automated processes on the Site will be Standard for Robot Exclusion (SRE) -compliant robots (“robots”) and when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit http://www.canadaonly.ca/robots.txt (“the robot.txt file”). You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or the Site, without prior notice.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
SWEEPSTAKES AND CONTESTS
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Site. Each of these activities shall be governed by specific rules accessible from the page offering the promotion.
SITE CONTENT
You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under Canadian copyright law, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the Canadian copyright laws, you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.
COLOR/PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
OUR RIGHTS
We may elect to monitor areas of the Site by electronic or other means and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit the quantities of items purchased by each customer. In addition, we reserve the right to cancel any order or part of an order or refuse service to anyone for any reason. Such reasons may include but are not limited to, unauthorized coupon use, product availability, price discrepancy, or pricing error. We reserve the right to charge fees or extra shipping charges for any product that is back ordered. We also reserve the right to change the terms of any offer or promotion at any time without notice. The posting of prices on our site is not an offer for the sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for the sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party’s website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post or submit reviews of products or services, comments, suggestions, or other material (“Submissions”) as long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct shthat would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). While you may omit your name from or use a “nickname” in your Submission, you may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. CanadaOnly.ca, inc. reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assume no liability for any Submission posted by you or any other person or entity.
By sending us a testimonial via our Submit a Testimonial page, you consent that the submission becomes property of Canada Only and may be used freely and at our discretion.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
The exchange rate on our website is at par $1.00CDN = $1.00USD. Your exchange rate may vary based on your agreement with your Credit Card Company and/or exact exchange rate at the time of purchase.
It is your responsibility to know and follow any regulations in your cardholder agreement regarding international transactions. Any additional fees assessed by your credit card company are solely your responsibility.
While we endorse the quality of all of our products, we are not doctors and do not make any attempts to diagnose or treat any illnesses of any kind. We do not advise you to alter your diet, begin a supplement regime, or make other changes or decisions that affect your health without first consulting your doctor.
We make the best efforts to ensure that all product descriptions are accurate. For special-diet products (for example, gluten-free), we obtain our information from product manufacturers and distributors and relay that information to you. Be advised that formulations may change from time to time and such changes may not be reflected immediately on our website. For your health and safety, you should review the information on the package of any item prior to consumption to ensure the product does not contain any allergens or other ingredients you would like to avoid.