Conditions of Use

Welcome to www.PristineLife.ca (the “PristineLife.ca site”).  Pristine Life Inc., and/or its affiliates (“PristineLife.ca”) provide website features and other products and services to you when you visit or shop at the PristineLife.ca site or use PristineLife.ca products or services (collectively, “PristineLife.ca Services”). PristineLife.ca provides the PristineLife.ca Services subject to the following conditions.

By using PristineLife.ca Services, you agree to these conditions. Please read them carefully.

We offer a wide range of PristineLife.ca Services, and sometimes additional terms may apply. When you use a PristineLife.ca Service, you also will be subject to the guidelines, terms and agreements applicable to that PristineLife.ca Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Electronic Communications

When you use any PristineLife.ca Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting notices and messages on the PristineLife.ca site or through other PristineLife.ca Services. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any PristineLife.ca Service–such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software–is the property of PristineLife.ca or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any PristineLife.ca Service is the exclusive property of PristineLife.ca and protected by Canadian and international copyright laws.

Trademarks

Click here to see a non-exhaustive list of Pristine Life trademarks[LINK]. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PristineLife.ca Service are trademarks or trade dress of Pristine Life Inc., or its affiliates, in Canada and other countries. Pristine Life Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Pristine Life Inc.’s or its affiliates’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pristine Life Inc. or its affiliates. All other trademarks not owned by Pristine Life Inc. or its affiliates that appear in any PristineLife.ca Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PristineLife.ca or its affiliates.

Patents

One or more patents owned by PristineLife.ca apply to the PristineLife.ca Services and to the features and services accessible via the PristineLife.ca Services. Portions of the PristineLife.ca Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable PristineLife.ca patents and applicable licensed patents[LINK].

Licence and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, PristineLife.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the PristineLife.ca Services. This licence does not include any resale or commercial use of any PristineLife.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any PristineLife.ca Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by PristineLife.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No PristineLife.ca Service, nor any part of any PristineLife.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PristineLife.ca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PristineLife.ca without express written consent. You may not use any meta tags or any other “hidden text” utilizing PristineLife.ca’s name or trademarks without the express written consent of PristineLife.ca. You may not misuse the PristineLife.ca Services. You may use the PristineLife.ca Services only as permitted by law. The licenses granted by PristineLife.ca terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

If you use any PristineLife.ca Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PristineLife.ca does sell products for children, but it sells them to adults who can purchase products with a credit card or other permitted payment method. If you are under the age of majority in your province of residence, you may use the PristineLife.ca Services only with involvement of a parent or guardian. PristineLife.ca reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PristineLife.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant PristineLife.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant PristineLife.ca and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PristineLife.ca for all claims resulting from content you supply. PristineLife.ca has the right but not the obligation to monitor and edit or remove any activity or content. PristineLife.ca takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

Risk of loss and title for items purchased from PristineLife.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

PristineLife.ca does not take title to returned items until the item arrives at our store. At our discretion, a refund may be issued without requiring a return. In this situation, PristineLife.ca does not take title to the refunded item. For more information about our returns and refunds, please contact info@pristinelife.ca

Product Descriptions

PristineLife.ca attempts to be as accurate as possible. However, PristineLife.ca does not warrant that product descriptions or other content of any PristineLife.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by PristineLife.ca itself is not as described, your sole remedy is to return it in unused condition.

Pricing

With respect to items sold by PristineLife.ca, we cannot confirm the price of an item until you order. 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. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

Other Businesses

In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. PristineLife.ca does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their conditions of use.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE PRISTINELIFE.CA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRISTINE LIFE SERVICES ARE PROVIDED BY PRISTINELIFE.CA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PRISTINELIFE.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRISTINELIFE.CA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRISTINELIFE.CA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRISTINELIFE.CA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRISTINELIFE.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PRISTINELIFE.CA DOES NOT WARRANT THAT THE PRISTINELIFE.CA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRISTINELIFE.CA SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM PRISTINELIFE.CA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRISTINELIFE.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRISTINELIFE.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PRISTINELIFE.CA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law and Disputes

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any PristineLife.ca Service, or to any products or services sold or distributed by PristineLife.ca or through PristineLife.ca Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration Act (New Brunswick) apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter to Pristine Life, 56 King Street, Saint John, NB, Canada E2L 1G4 requesting arbitration and describing your claim. The Arbitration Act (New Brunswick) will govern any arbitration under these Conditions of Use, which shall be conducted by a single arbitrator.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(Not applicable to Quebec consumers) By using any PristineLife.ca Service, you agree that these Conditions of Use and any dispute of any sort that might arise between you and PristineLife.ca shall be governed by the laws of the Province of New Brunswick, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the Province of New Brunswick.

For Quebec consumers: These Conditions of Use and any dispute of any sort that might arise between you and PristineLife.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on the PristineLife.ca site. These policies also govern your use of PristineLife.ca Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Pristine Life Inc.

56 King Street

Saint John NB E2L 1G4