Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls are controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to WellnessFirst Shop Inc., 77 City Centre Drive, Suite 501 East Tower, Mississauga, ON L5B 1M5.
  • Country refers to: Ontario, Canada
  • Device means any device that can access the Service such as a computer, a mobile phone, or a digital tablet.
  • Service refers to the Website.
  • Sites (Site) refer to the Website including other internet sites, mobile apps, and social media sites.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of Terms and Conditions Generator.
  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  • Website refers to Wellnessfirstshop.com, accessible from https://wellnessfirstshop.com.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

By using the Sites, you accept these Terms and Conditions of use. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and WellnessFirstShop. These Terms and Conditions set out the rights and obligation of all users regarding the use of the Service.

The Website WellnessFirstShop.com is owned and operated by WellnessFirstShop Inc. Except where stated otherwise, the term “WellnessFirstShop” used on the Sites shall be deemed to include WellnessFirst Shop Inc. and its affiliates, subsidiaries, successors, and assigns.  By accessing or using the Sites, or by posting a link on any website(s) owned or operated by or on behalf of you (“You” or “Your”), You signify that You have read, understand and agree to be bound by these terms and conditions (these “Terms and Conditions”). You expressly agree that use of the Site is at Your sole risk.

If you do not agree to these Terms, please do not use the Sites. WellnessFirstShop reserve the right, at its discretion, to change modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Sites following the posting of changes to these Terms and Conditions will mean you accept those changes.

Restrictions on use of materials

WellnessFirstShop, the WellnessFirstShop logo, and slogan are copyrights of WellnessFirst Shop Inc. Other registered trademarks, trademarks, related words, domain names and logos which are the property of WellnessFirstShop may appear from time to time on the Sites. All other trademarks, product names and company names or logos cited herein which are not the property of WellnessFirstShop are the property of their respective owners. WellnessFirstShop trademarks may not be used without WellnessFirstShop express authorization.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website. Please read Our Privacy Policy carefully before using Our Service.

Link to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 CAD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, agents, licensors, or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

  

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Product Information

We cannot guarantee the availability of any products or items described on the Sites due to space limitations, unavailability of supply or for other reasons. All prices shown are before any applicable tax. WellnessFirstShop reserves the right to limit quantities and to correct errors or omissions prior to processing a purchase request. We strive to provide accurate product and pricing information; pricing or typographical errors may occur. Without limiting the generality of any other Terms and Conditions on the Sites, WellnessFirstShop does not accept liability for any errors or omissions which may be found on the Sites or for unavailability of any product.

 

Governing Law

The Website is controlled by WellnessFirstShop from its office within the Province of Ontario, Canada. The laws of Ontario, Canada shall govern this Terms and Your use of the Service. By accessing the Sites, You agree that all matters relating to access to, or use of, the Sites, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable to the Province of Ontario, without regard to the conflicts of law principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily.  You are responsible for complying with Your own local laws.

Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

The Right to Limit Quantities, Denial and Cancellation of Orders

We reserve the right to make changes, additions, deletions, cancellations to any program, limit quantities of promotion, product, purchase, or sale at any time for any reason and without notice. In the event of a change our maximum liability shall be limited to issuing a refund for any item purchased which we do not deliver. WellnessFirstShop reserves the right to deny and cancel orders any time after the placement, for any reason, at our sole discretion. You will be notified by email, to the email address given during checkout of the decision made by WellnessFirstShop to cancel your order. Should your order be cancelled ,WellnessFirstShop will not be obligated to fulfill/ship your order. After cancellation has taken place, WellnessFirstShop will return all money exchanged, back to the original payment method used during checkout.

Orders may be denied and cancelled in whole, or in part by WellnessFirstShop for any the following reasons (through not limited to):

  • Limited product quantities available to fulfill your order
  • Inaccuracies or errors related to product within your order
  • Suspected intent to resell
  • Shipping to any of following locations: warehouses, freight forwarding businesses, hotels/motels
  • Product Recalls, affecting an item within your order
  • Issues determined by WellnessFirstShop fraud prevention department

 

Reviews

WellnessFirstShop does not support the comments or opinions of reviewers and assumes no responsibility or liability for any content posted by You and any third party. WellnessFirstShop reviews are moderated for appropriateness. Visitors may post reviews and comments so long as the content does not violate the Product Review Guidelines. We reserve the right (but not the obligation) to remove or edit reviews, and regularly reviews posted content. If you do post a review, you grant WellnessFirstShop a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such contest throughout the world in any media.

Disclaimer Regarding Health Information

The information provided on the Sites is not intended to be used as a substitute for professional medical diagnosis or treatment. It is for informational purposes only and is not intended to provide specific advice for you and should not be relied upon in that regard. You should seek the advice of Your doctor or pharmacist prior to starting any treatment or in connection with any health problems or questions.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@wellnessfirstshop.com

By mail:
WellnessFirst Shop Inc.
77 City Centre Drive
Suite 501, East Tower
Mississauga, ON Canada
L5B 1M5

By Telephone: 1-877-207-8372

 Effective and Last Updated: May 15, 2020