Terms of service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The following terms and conditions govern your use of the websites operated by Living Farmacy Inc.
LIVING FARMACY INC. reserves the right to change these Terms and Conditions of Use at any time without prior notice by posting changed Terms and Conditions of Use on the LIVING FARMACY INC. Website. You are advised to review the LIVING FARMACY INC. Websites regularly for any changes. These Terms and Conditions of Use were last updated on November 9, 2019. In any event, you agree that by accessing and using an LIVING FARMACY INC. Website you are bound by these terms and conditions as the same may be changed from time to time.
HEALTH DISCLAIMER NOTIFICATION
The information contained in this website, Living Farmacy Inc. and/or its subsidiaries, has not been evaluated by Health Canada or the FDA in the U.S.A. The information on this website is not intended for diagnosing, treating, curing, or preventing diseases of any kind. The information on this website should not be used as a therapeutic measure or replace the advice of a health care professional. The information presented above, or the information received via phone or email, should not be construed as practice of medicine. Living Farmacy Inc. is not responsible for the abuse and/or misuse of any product sold due to a consumer using this website. Customers of this website, previous and future, who do not consult with a healthcare professional prior to the purchase and use of any product, assume all risks and consequences.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
Living Farmacy Inc. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.
The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from Living Farmacy Inc. via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.
We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
REGISTRATION OBLIGATION
If you choose to register with LIVING FARMACY INC. for the purchase of goods, you agree to: (i) provide true, current and complete information about yourself, online; and (ii) maintain and promptly update on-line information about yourself to keep it true, current and complete.
COPYRIGHT, OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
The materials (the "Materials") contained in the LIVING FARMACY INC. Websites including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by, and protected by copyrights and other proprietary rights in favour of, LIVING FARMACY INC. and third parties. All rights reserved. You shall not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or use the Materials, in whole or in part, without the prior written consent of LIVING FARMACY INC. . You may print, in hard copy, portions of an LIVING FARMACY INC. Website only for the purpose of placing an order with LIVING FARMACY INC. .
TRADE-MARKS
Certain names, words, phrases, logos, marks and designs that appear on LIVING FARMACY INC. Websites (including, without limitation, "LIVING FARMACY ", "CRAFT SMOOTHIES", are official marks, trade-marks or trade-names of LIVING FARMACY INC. in Canada. LIVING FARMACY INC. is also the owner in Canada of additional official marks, trade-marks and trade names, registered and unregistered. Nothing in this Agreement or on an LIVING FARMACY INC. Website shall be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a license or other right to you to use any of the marks or names or any other intellectual property right of LIVING FARMACY INC. The names of other companies, products and services referred to on an LIVING FARMACY INC. Website may be trade-marks or trade-names of their respective owners. Any use of the trade-marks or trade-names of LIVING FARMACY INC. or of third parties without the prior written consent of the applicable party is strictly prohibited.
COMPLIANCE WITH LAWS
In addition to complying with these Terms and Conditions of Use, you agree to use the LIVING FARMACY INC. Websites and Materials for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of an LIVING FARMACY INC. Website in any jurisdiction of the world whose laws (common, statutory, regulatory or codified) would: (i) void these Terms and Conditions of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the LIVING FARMACY INC. Website illegal, are not authorized to use the LIVING FARMACY INC. Website.
USE AND RESTRICTIONS
You are only permitted to use an LIVING FARMACY INC. Website for your own personal, non-commercial purpose. Materials may only be printed, copied or saved to your own computer for your personal, non-commercial use. Use of any automated system or software to extract data from an LIVING FARMACY INC. Website for commercial purposes (including, without limitation, screen scraping, database scraping and any other activity intended to collect, store, summarize or manipulate any Materials or data, whether by an automated program or a manual process) is prohibited. Additionally, you agree that you will not:
- take any action that imposes or may impose (to be determined in the LIVING FARMACY INC. ’s sole discretion) an unreasonable or disproportionately large load on the LIVING FARMACY INC. ’s infrastructure;
- interfere or attempt to interfere with the proper working of an LIVING FARMACY INC. Website, or any activities conducted on or with an LIVING FARMACY INC. Website;
- bypass any measures the LIVING FARMACY INC. may use to prevent or restrict access to LIVING FARMACY INC. Websites.
Living Farmacy reserves the right to change its prices at any time during the subscription period and will publish, prior to the price change, notices on its website or through any other mode that we choose to inform you of the changes.
ERRORS
The LIVING FARMACY INC. attempts to ensure that the information on the LIVING FARMACY INC. .com Website is accurate. However, no warranty of accuracy or completeness is expressed or implied. The LIVING FARMACY INC. expressly reserves the right to correct errors and to change or update information on the LIVING FARMACY INC. .com Website at any time without notice. In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, the LIVING FARMACY INC. reserves the right to correct the error and revise your order accordingly or to cancel the order and to refund any amount charged to you. Your only remedy in the event of an error to your order is to cancel your order and to obtain a refund.
GOVERNING LAW
These Terms and Conditions and each purchase of Products through the www.livingfarmacy.com Website and the Mobile Application are governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.
FORCE MAJEURE
Living Farmacy shall not be liable for any damages caused by any delay or failure to perform its obligations where such delay or failure is caused directly or indirectly by an event beyond its reasonable control including, without limitation, (i) acts of God, (ii) natural disasters, (iii) acts of war, insurrection and terrorism (iv) shortages of goods, labour or transportation.
DISCLAIMER AND LIMITATION OF LIABILITY
Except as expressly set out in these Terms and Conditions, there are no warranties, representations or other agreements regarding the Products ordered through the www.livingfarmacy.com Website and the Living Farmacy Mobile Application. To the extent permitted by law, Living Farmacy shall not be liable to you for indirect, special, consequential, incidental or punitive damages (including, without limitation, damages for or in relation to lateness in delivery, loss of revenue or profits, or the cost of substitute goods), arising directly or indirectly from any breach of contract (fundamental or otherwise) or from any warranties contained herein, or from any acts or omissions that may give rise to legal liability (whether in tort, including for negligence, strict liability or under any other theory of legal liability), regardless of whether or not such damages were foreseeable. In no event shall the liability of the Living Farmacy arising out of or related to any order exceed the total amount paid by you pursuant to such order.
DISCONTINUANCE
Living Farmacy may discontinue or suspend, temporarily or permanently, any presently available Products at any time without prior notice.
ACCURACY OF INFORMATION
While every effort is made to ensure the accuracy of the information on LIVING FARMACY INC. Websites, no warranty of accuracy or completeness is expressed or implied. We reserve the right to correct errors and to change or update information at any time without notice.
OUTBOUND LINKING
Any link, (including hyperlinks, buttons or referral devices of any kind) used on an LIVING FARMACY INC. Website is provided for your convenience only, and you access any link at your own risk. The appearance of a link on an LIVING FARMACY INC. Website does not constitute an endorsement, recommendation or certification by LIVING FARMACY INC. , nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with LIVING FARMACY INC. .
INBOUND LINKING
LIVING FARMACY INC. generally does not object to links to LIVING FARMACY INC. Websites from third party sites. However, there are certain conditions that must be followed: Unless LIVING FARMACY INC. enters into a specific written agreement with you, you may not use any of the LIVING FARMACY INC. ’s names, logos, designs, slogans, or marks in or with your links, except that you may link to an LIVING FARMACY INC.
Do not present the link to an LIVING FARMACY INC. Website in any way that suggests LIVING FARMACY INC. has any relationship or affiliation with your site or in any way that suggests LIVING FARMACY INC. endorses, sponsors or recommends the information, products or services on your site. Use of any of LIVING FARMACY INC. 's content, names, logos, photographs, designs, slogans or marks in any advertising, publicity, promotion, or in any other commercial manner without LIVING FARMACY INC. 's written permission for a particular use is strictly prohibited.
Use of any of the LIVING FARMACY INC. 's names, logos, designs, slogans, or marks, or any other words or codes identifying an LIVING FARMACY INC. Website in any "metatag" or other information used by search engines or other information location tools to identify and select sites, without LIVING FARMACY INC. 's written permission for a particular use, is strictly prohibited.
LIVING FARMACY INC. is not responsible for any loss, damage, liability or expense that may accompany or result from your use of the link or domain name for an LIVING FARMACY INC. Website including, but not limited to, any computer virus, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions.
LIVING FARMACY INC. reserves the right in its sole discretion to order you to delete or modify your link to an LIVING FARMACY INC. Website for any reason.
The link to an LIVING FARMACY INC. Website may not be used or associated with any pornographic (including any depictions of nudity), unlawful, defamatory or other materials that would adversely affect the LIVING FARMACY INC. 's name, reputation or goodwill.
The linking of your website to an LIVING FARMACY INC. Website indicates your agreement to the foregoing terms and conditions.
INDEMNITY
You agree to indemnify, defend and hold LIVING FARMACY INC. harmless from and against any and all claims, liabilities, damages, demands, suits, actions, losses or expenses (including all legal fees) (collectively "Claims") arising out of:
- your infringement of any LIVING FARMACY INC. or third party official mark, trade-mark, trade secret, copyright, patent or other intellectual property rights and from any Claims which may arise, now or in the future as a result of your use of an LIVING FARMACY INC. Website;
- any act or omission by you, your employees or agents which results in: (i) loss, damage, interference with or disruption to, an LIVING FARMACY INC. Website; (ii) use of an LIVING FARMACY INC. Website for any illegal purpose; or (iii) use of an LIVING FARMACY INC. Website to achieve any unauthorized or prohibited access to computer systems and data;
- your use of an LIVING FARMACY INC. Website; and
- your breach of any of these Terms of Use, the LIVING FARMACY INC. ’s Customer Privacy Policyor any rule, regulation, guideline or policy of the LIVING FARMACY INC. as may be established and changed from time to time and posted on the LIVING FARMACY INC. Website.
DISCLAIMERS
YOU UNDERSTAND AND AGREE THAT:
- USE OF AN LIVING FARMACY INC. WEBSITE IS AT YOUR SOLE RISK. THE LIVING FARMACY INC. WEBSITES ARE PROVIDED STRICTLY ON AN "AS IS", "AS AVAILABLE" BASIS. LIVING FARMACY INC. DOES NOT WARRANT, REPRESENT, GUARANTEE OR COVENANT THAT THE LIVING FARMACY INC. WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES LIVING FARMACY INC. MAKE ANY GUARANTEE, WARRANTY, REPRESENTATION OR COVENANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AN LIVING FARMACY INC. WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE ON AN LIVING FARMACY INC. WEBSITE. LIVING FARMACY INC. WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO EXECUTE A TRANSACTION OR OBTAIN GOODS RELATED TO ANY SUCH TRANSACTION, FOR WHATEVER REASON.
- THE DOWNLOADING OF MATERIALS FROM AN LIVING FARMACY INC. WEBSITE IS DONE AT YOUR OWN RISK. LIVING FARMACY INC. DOES NOT AT ANY TIME REPRESENT, COVENANT, GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF AN LIVING FARMACY INC. WEBSITE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL LIVING FARMACY INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES, OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, OR LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF AN LIVING FARMACY INC. WEBSITE, THE USE OF ANY OTHER SITE OR PAGE ACCESSIBLE FROM AN LIVING FARMACY INC. WEBSITE OR THE ACQUISITION OR USE OF ANY GOODS PURCHASED THROUGH AN LIVING FARMACY INC. WEBSITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF LIVING FARMACY INC. ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO ANY SUCH USE OR ACQUISITION EXCEED THE REPLACEMENT COST OF ANY SUCH GOODS. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
GOVERNING LAW
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein.
PRICING
Prices quoted on the LIVING FARMACY Website are in Canadian dollars. Prices are subject to change without notice.
AVAILABILITY
Every effort has been made to stock adequate quantities of the products offered on www.livingfarmacy.com website. If Living Farmacy is unable to fill an order for a Product ordered through the Website, you will be notified by email and we will refund you for the outstanding product or you can opt to receive a substitute or wait for the product to be restocked and sent at a later date.
SUBSCRIPTION
Living Farmacy offers subscription plans for its Products.
The Living Farmacy subscription service is an automatic recurring subscription service. As part of the the subscription service, we offer a number of subscription options that you choose from (each, a plan). Each subscription cycle (excluding those you choose to skip in accordance with the agreement) you will receive a package from Living Farmacy including the contents of your chosen plan (each a delivery). You can find specific details regarding your plan by accessing the site and accessing your account details.
When you register for a subscription, you expressly acknowledge and agree that (a) Living Farmacy Inc. (or our third-party payment processor) is automatically authorized to charge you on a weekly or monthly basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the services or products in accordance with these terms. You acknowledge and agree that Living Farmacy will not obtain any additional authorization from you for such automatic, recurring payments. You may skip your weekly order as often as you’d like by managing your delivery schedule on your delivery schedule page.