Terms and Conditions of Use
Last Modified: November 22, 2018
Holistic Spring is a business registered in Ontario, Canada. In consideration for permitting your access to our website and online store (collectively the “Puremarket Website”) and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of Holistic Spring's, ("we", "us" or "our") Puremarket Website hosted at http://www.puremarket.ca and other domains and sub-domains.
By using the Puremarket Website, you, the user ("you" or "your"), represent and warrant that (a) you are of the age of majority; and (b) you have read and understand these Terms and agree to be bound by them.
If you are using the Puremarket Website on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with Holistic Spring.
Establishing an AccountYou may browse the public facing sections of the Puremarket Website without establishing an account or providing us with any personal information. You may also purchase products from us without an account by proceeding to the online checkout as a guest user. Establishing an account on the Puremarket Website makes the checkout process easier and allows you to store and save products you may wish to later purchase, receive customer offers and obtain other benefits. Upon establishing a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Puremarket Website and your account in accordance with these Terms but reserve the right to revoke the license and your account access at any time.
Account Not Transferable, Updating Your Account & SecurityIf you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Puremarket Website and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether you authorized that activity or not.
Where prices are listed on the Puremarket Website, they are subject to change without notice. Such prices listed are an invitation to make an offer and are subject to acceptance by us. Even in the event of the automated processing of your order on the Puremarket Website, you agree that we will have the opportunity to review and accept such orders. All orders are also subject to availability.
Additional terms, including but not limited to, price, tax, account access and payment may be specified on the Puremarket Website. Those terms, as amended from time to time, are incorporated by reference and form part of this agreement. If any information or terms posted to the Puremarket Website concerning price, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms. Misprints, errors, omissions (including incorrect specifications) or other errors may sometimes occur. As a result, we reserve the right to:
You agree to pay all sales taxes, customs, duties and fees, whether Canadian or foreign, applicable to this agreement or arising in any way from the purchase of products from us.
We use PayPal Canada Co. and their affiliates (“PayPal”) in addition to other third-parties (the “Payment Processor(s)”) to process payments from you. Although we may host or link to their forms on the Puremarket Website, when you provide your payment details on the Puremarket Website, you are providing them directly to the applicable Payment Processor.
We will have access to view portions of your payment information via the Payment Processors, however, we do not collect or store your full credit card information ourselves. You acknowledge that third-party payment processes may have their own terms and conditions and privacy policies that apply to you and your personal information. If you have any questions concerning our third-party Payment Processors, please contact us.
Acceptance of Risk and Disclaimers
Everything on the Puremarket Website, including all products available for order, are provided "as is" without warranty of any kind including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT. IF YOU ARE DISSATISFIED WITH THE PUREMARKET WEBSITE OR ANY PRODUCTS ORDERED FROM OUR PUREMARKET WEBSITE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO (I) REQUESTING A REFUND OR EXCHANGE PURSUANT TO OUR REFUND POLICY, IF APPLICABLE; AND (II) DELETING YOUR ACCOUNT WITH US. IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR PUREMARKET WEBSITE, OR IN ANY WAY RELATED TO THESE TERMS OR OUR PRODUCTS, BE MORE THAN (i) THE AMOUNTS PAID BY YOU TO US OVER THE PRECEEDING TWO (2) MONTHS FROM THE DATE YOU RAISE YOUR CLAIM WITH US; OR (ii) TWENTY-FIVE DOLLARS CAD $25.00, WHICHEVER IS LESS. YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE PUREMARKET WEBSITE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Ownership of the Puremarket Website and Its Contents
Our Puremarket Website contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trade names, trademarks, videos and audio) on the Puremarket Website without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Holistic Spring, including our logos, without our express permission.
Your ContentOur Puremarket Website may permit you and other users the ability to upload and post content, including product reviews ("User Content"). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Puremarket Website. We do not pre-screen all User Content uploaded or posted to the Puremarket Website by you or other users but may do so. We may also delete your User Content. In addition to our Acceptable Use Policy, you agree not to use our Puremarket Website in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms. We may, but have no obligation to, remove User Content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party's intellectual property rights, these Terms or any policy incorporated by reference herein.
Copyright NoticeIf you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Puremarket Website, please notify us at firstname.lastname@example.org. While we take no responsibility for any user or supplier who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf, remove the content in question and/or cancel the infringer's account.
Linked SitesWhether or not we are affiliated with sites or third-party vendors that may be linked to the Puremarket Website, we are not responsible for their content (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We and other users provide links and references to material on other websites not owned or operated by us. Links found on the Puremarket Website are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on such websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and JurisdictionThese Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province. You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference, the sale of our products and your relationship with us.
SeverabilityIf any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Construction Against DrafterIf an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship. Waiver of Class Proceedings and Trial by Jury in relation to any legal dispute connected to or in any way arising out of these Terms. To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist,
Account TerminationYou can terminate your account with us at any time. To do so, please contact us by email. We reserve the right to suspend your account or access to the Puremarket Website at any time, with or without cause, and with or without notice. The cancellation, suspension or termination of access to the Puremarket Website, or your account, shall not terminate this agreement. Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this AgreementYou agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of the Puremarket Website, the transfer of control of Holistic Spring, or otherwise.
WaiverOur failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Other TermsIn the course of using your account with us or using the Puremarket Website, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors, social media login account providers (Facebook, Twitter, etc.), credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
AS THE PUREMARKET WEBSITE AND PRODUCTS CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE PUREMARKET WEBSITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE STOP ACCESSING THE PUREMARKET WEBSITE AND TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THE TERMS OR POLICIES.