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Terms of Use
A. Introduction
Welcome to the Naturally Nova Scotia website ("Site"). This Terms of Use Agreement ("Agreement") sets forth the agreement between Naturally Nova Scotia Health Products (collectively, "NNS" or "we") and each user ("you" or "user") governing the use by you of this Site. Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site.
We may, in our sole discretion, modify this Agreement with or without notice to you.
B. Not Healthcare Advice
The information provided on this Site and Linked Sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. It is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information on this Site for diagnosis or treatment of any health issue. You should always speak with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.
C. Purchases
If you make a purchase on the Site, your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement.
Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy.
D. Privacy
Use of this Site is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of this Agreement. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
E. Copyright; Trademarks
You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of NNS or its licensors, and are subject to and protected by international copyright and other intellectual property laws and rights. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of NNS. NNS authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site are the sole property of NNS and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of NNS and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of NNS and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of NNS. NNS will enforce its intellectual property rights to the fullest extent of the law.
F. Links; Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. NNS does not control or endorse any such third party websites. You agree that NNS Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. NNS expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
G. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE NNS SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NNS, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "NNS PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, NNS MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NNS PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
H. Indemnification
You agree to indemnify, defend and hold harmless NNS Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.
I. Site Usage; Termination of Usage
You are required to establish an account on this Site in order to take advantage of certain features of this Site, such as making a purchase. If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or NNS has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, NNS has the right to suspend or terminate your account and prohibit any and all current or future use of the Site (or any portion thereof) by you.
You will create a username and password while completing the account registration process. 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 (a) immediately notify NNS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying NNS. NNS Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
You further agree that you will not access this Site by any means except through the interface provided by NNS for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of NNS is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of NNS is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
NNS makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside Canada, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside Canada do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not NNS Parties, are responsible for compliance with applicable local laws.
This Agreement is effective unless and until terminated by either you or NNS. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. NNS also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in NNS's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or NNS Parties. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. NNS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that NNS Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
You agree that NNS may terminate or suspend your access to all or part of this Site, without notice, for any conduct that NNS, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or NNS Parties.
J. Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the province of Nova Scotia, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the Province of Nova Scotia and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Provinical Courts residing in Halifax, Nova Scotia.
K. Severability; Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
L. Entire Agreement
This Agreement constitutes the entire and only Agreement between NNS and each user of this Site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
M. Miscellaneous
The failure of NNS Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of NNS Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
N. Contact Information
If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.
Purchase Policy
A. Ordering
How to order:
- Online: You can place your order on the NNS website 24 hours a day, 7 days a week, 365 days a year. www.naturallynovascotia.com
- By Phone: You can place your order by phone with one of our customer service representatives at 1-877-434-7206 x 11. Customer service is available from Monday to Friday, 9 am to 5 pm Atlantic Standard Time (AST) with the exception of holidays.
Backorders:
Naturally Nova Scotia strives to offer all of its products 24/7/365. However NNS will not backorder product when it is not available. Any product that is not available will not be available for order through our website. If a product is unavailable and is ordered, NNS will cancel it and remove the product of the order and send an update invoice. Customers will be notified when the product becomes available again.
Changing an Order:
Due to the complexity of locating orders once they have entered our order processing system, orders may not be changed, or added to once they have been processed. Changes to an order, after an order has been placed may be requested, but there is no guarantee that they can or will be implemented.
Cancelling an Order:
You may cancel your order if you email or telephone us before your order is processed.
Sales Tax:
- Orders placed and shipped within Nova Scotia, New Brunswick, or Newfoundland are subject to an 8% Provincial tax (HST) and a 5% Federal tax (GST) for a total of 13%.
- Orders placed and shipped in other provinces and territories within Canada are subject to a 5% Federal tax (GST).
- Orders placed within and shipped to the United States or any other International destinations are exempt from taxes.
- NNS is not responsible for additional or unforeseen expenses, including taxes specific to the destination province, state, and/or country, that may apply to items shipped outside of Canada.
Opt-In Email:
By checking the "Opt-In Email" box on the Registration form, you will receive periodic information regarding product specials, NNS's periodic Product Specials Flyer, and occasional breaking news items on vitamins and nutritional supplements. Our email is "Opt-In" Only and you will not receive it unless you choose to.
Currency:
NNS gladly accepts both Canadian dollar (CAD) and U.S. dollar (USD) currencies.
B. Payment
All orders on the NNS Site require payment via credit card through the NNS online, real-time payment system. NNS accepts Visa, MasterCard, American Express, and Discover for all online payments. NNS will not process and/or deliver product to the customer without full payment for the product and any/all shipping charges.
All orders placed over the telephone require a credit card. NNS accepts Visa, MasterCard, American Express, and Discover for all telephone order payments.
Payment must be received in full prior to release and delivery of products.
C. Returns
If for any reason you are not satisfied with a purchase, please call us to arrange for refund or store credit. NNS will gladly provide a 100% refund on all unopened items returned within 45 days of purchase. Opened items that are returned within 45 days of purchase, will receive a credit only. NNS is not responsible for any return shipping and handling charges.
Products considered to be defective can be returned to NNS within 45 days of Invoice date. Please email, phone or fax for a Return Authorization Number, and return shipping instructions. All defective product returns must be accompanied by a Return Authorization Number and a copy of your Customer invoice. NNS is not responsible for any return shipping and handling charges.
In the event that your shipment is damaged, incorrect, or unsatisfactory, please phone, fax or email us immediately for a resolution. All returns require an Authorization Code, a copy of your Customer Invoice, and are subject to a 15% restocking charge. Please email, phone or fax for your authorization code and shipping instructions. All returns must be sent prepaid within 30 days of the date received, and be accompanied by a Return Authorization code. No collect shipments will be accepted. Any issues with online deliveries must be communicated within six (6) months.
NNS reserves the right to limit quantities purchased.
D. Shipping Methods
- NNS exclusively uses Canada Post for shipping products worldwide.
- An online shipping calculator is available to customers on the NNS website, which offers a variety of service levels and prices.
- Customers on the NNS website can use this online tool to determine pricing and speed of delivery for the goods that are purchased from NNS.
- NNS reserves the right to modify and/or change the shipment pricing presented by the online shipping calculator in the event of a technical problem. The customer will be notified directly in the event this situation is encountered.
- DURING HOLIDAY SEASON, ORDERS MAY BE DELAYED BEYOND REGULAR SHIPPING TIMES. Customers will be notified via email in the event of an extensive delay in delivery of products.
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