Website Terms of Use
Modified: March 2023
Welcome to Carnelian Naturals
Please carefully read these Terms and Conditions which govern the relationship and legal agreement between you (“you”, “user”, “your”) and Carnelian Naturals Inc. (“Carnelian Naturals”, “We”, “Us”, “Our”) before using Our website: www.carnelian-naturals.ca, (“Website”, “Site”, “Service”). Use of this site is voluntary. This agreement contains the terms and conditions for use of the website. By accessing, browsing and using this Site and Services, you accept that you have read, understood and agree to these Terms and Conditions and acknowledge that your use constitutes a legal signature. If you do not accept and agree to these Terms and Conditions, then you are not authorized to access , browse or use the Site and must discontinue the use this Site. If you are using this Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on behalf of your employer. You must ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. This Website is only offered and available to users of the age of majority in their jurisdiction and who reside in Canada. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Carnelian Naturals Inc., in accordance with local laws, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. The use of the Website is subject to the additional terms, disclaimers, caveats, and notices that may appear elsewhere on the Website.
Changes to the Terms of Use
Carnelian Naturals Inc. may revise and update these Terms of Use at any time at our sole discretion. All changes are effective immediately when posted, and apply to all access to and use of the Website subsequently. Your use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to be aware of the changes to the Terms of Use of this Website as and when you may use it. We undertake no obligation to check, supervise, or monitor materials posted to the Website by you or other third parties. We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of these Terms, or for any other reason whatsoever. Carnelian Naturals Inc. reserves the right to withdraw or modify this Website, and any service or material we provide on the Website, at our sole discretion, without giving any prior notice. We will not be liable, if for any reason, all or any part of the Website is unavailable at any time or for any duration of time. We may, at times, restrict access to some parts of the Website, or the entire Website, to users, including registered users.
User Responsibility
When you create and use a customer account to purchase products, (or if you are provided with, a username, password or any other piece of information as part of our security procedures), you must treat such information as confidential, and you must not disclose it to any other person or entity. You are solely responsible for all activities that occur under your customer account or using your username and password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your customer account information, including your username or password, or other security information. We have the right to disable any customer account, username, password or other identifier at any time at our sole discretion without giving any reason, including whethert, in our opinion, you have violated any provision of these Terms of Use. We further reserve the right to terminate customer accounts or use of this Website, change the content on the Website (including discontinuing or changing products on the Website) and cancel orders at our sole discretion.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (1) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (2) attempting to probe or scan the security vulnerability of the Website, or any associated system, service or network, or to breach security or authentication measures; (3) In any way that violates any applicable federal, provincial, state, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from the US, Canada or other countries); (4) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, trojans, worms or other malacious material to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; (4) using the Website to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (5) forging any TCP/IP packet header or any part of the header information in any email or post using the Website; or (6) Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use “bots,” spiders or automatic device, process, software or means (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and only for purposes consistent with these Terms; (7) You may not circumvent any access or use restrictions, data encryption or content protection related to the Website; (8) You may not data mine the Website or in any way cause harm to the Website; (9) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
Disclaimer Applicable to Products and Information
All of our products are manufactured in accordance with industry standards and regulations, and are intended for use as dietary supplements to support health and wellness. However, Carnelian Naturals Inc. cannot guarantee the effectiveness of any of our products, nor can we accept liability for any adverse reactions or negative effects that may occur as a result of using our products. Our products are not intended to diagnose, treat, cure, or prevent any disease, and they should not be used as a substitute for professional medical advice or treatment. Consumers should always consult with a healthcare professional before using any dietary supplement.
The information provided by Carnelian Naturals Inc. is intended for educational and informational purposes only. While we strive to ensure the accuracy and completeness of the information we provide, we cannot guarantee that it is free from errors or omissions. Furthermore, the information we provide is not intended to be a substitute for professional medical advice or treatment. Consumers should always consult with a healthcare professional before using any dietary supplement or making any changes to their health and wellness routine based on the information provided by Us.
he Information and Products on This Site May Contain Statements That Have Not Been Evaluated by the U.S. Food and Drug Administration. These Products Are Not Intended to Diagnose, Treat, Cure, or Prevent Any Disease.
Limitation of Liability
To the fullest extent permitted by law, Carnelian Naturals Inc. disclaims all liability for any damages or losses arising from the use of our products or information, whether direct, indirect, incidental, consequential, or otherwise. This includes, but is not limited to, damages for personal injury, property damage, loss of profits, or any other losses or damages arising from the use or inability to use our products or information. We assume no responsibility or liability for any actions taken as a result of using the Website, or for errors or omissions in the content of the Website.
To the maximum extent permitted under applicable law, you agree that Carnelian Naturals Inc. and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, vendors, attorneys or affiliates may not be liable to you or any third party shall not be liable for any direct, indirect, general, compensatory, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use of data, business interruption or other intangible losses (even if Carnelian Naturals Inc. has been advised of the possibility of such damages), resulting from the use or the inability to use the Website, any websites linked to it, any content on the Website or such other websites or any services or products obtained through the Website or such websites, including any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to, personal injury, pain, and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data or the cost of procurement of substitute services resulting from the use or inability to use the website or any other matter relating to the website, and without regard to whether such damages, or claims of damages arise based in contract, tort, including negligence, breach of contract or otherwise. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the above limitations may not apply to you.
The limitations of damages and liability provided herein are material elements of this terms of use. You acknowledge and agree that Carnelian Naturals Inc. would not be able to provide the website without such limitations.
Indemnification
By using our products and information, you agree to indemnify and hold harmless Carnelian Naturals, its officers, directors, employees, agents, contractors, licensors, suppliers, successors and assigns from and against any and all claims, damages, judgments, award, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of our products or information, or your violation of these Terms and Conditions. Your use of the Website and the products is at your sole discretion and risk. We expressly disclaim all warranties of any kind, whether explicit or implied, including, but not limited to, any warranties of title, merchantability, quality, non-infringement and fitness as to the information, materials, content, data, products and/or services on the website.
All information provided on the Website is without warranty to its completeness, timeliness, accuracy, suitability or authenticity. We do not warrant the accuracy of any third party content contained within or referred to, or pointed to at the website, including any links to third party websites ind information. We are not liable for any defamatory, offensive or illegal conduct of any user.
Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply in whole or in part to you. In that event, except as prohibited by law, any implied warranties are limited in duration to 60 days from the date you first access the website.
Governing Law and Jurisdiction
This legal statement and disclaimer shall be governed by and construed in accordance with the laws of the province of Ontario, Canada. Any disputes arising from or related to the use of our products or information shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
You agree that all matters relating to access and use of this Site and Content, and all of the communications, transmissions and transactions associated with this Site, shall be deemed to have occurred in the Province of Ontario, Canada, and shall, together with these Terms and Conditions, be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada as applicable, without giving effect to any principles of conflicts of law. You and Carnelian Naturals Inc. hereby consent and irrevocably submit and attorn to the exclusive personal and subject matter jurisdiction and venue of the courts of Ontario, Canada, with respect to such matters, and for the resolution of any dispute based upon or relating to these Terms and Conditions.
Your use of this Site from any location is subject to your compliance with any laws and regulations that may be applicable to you. You agree that your use of this Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using this Site due to any restriction whatsoever.
General Provisions
These Terms and Conditions, together with Carnelian Naturals Inc. Privacy Policy and any other guidelines and policies incorporated by reference herein, constitute the entire agreement between you and Carnelian Naturals Inc. regarding your use of this Site and its Content (“Agreement”). If any part of this Agreement is deemed indefinite, invalid, illegal, void, or otherwise unenforceable by a court of competent jurisdiction, that part shall be deemed severable to the minimum extent necessary and all other parts of this Agreement will continue in full force and effect.
This Agreement supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. No representations, statements or inducements, written or oral, not contained in this Agreement shall bind either you or Carnelian Naturals Inc. Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing and signed by the parties hereto. No failure by Carnelian Naturals Inc. to enforce any part of this Agreement shall constitute a waiver of any of Carnelian Naturals Inc. rights under this Agreement. Only a specific, written waiver executed by Carnelian Naturals Inc. authorized representative shall have any legal effect whatsoever. Carnelian Naturals Inc. may assign this Agreement to any other person on Carnelian Naturals Inc. discretion. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part.
You agree that this Agreement is an electronic document and will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings, based upon or relating to this Agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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. Carnelian Naturals Inc. will send notices and other communications to you by email, using the address you have provided to Us. You agree to send Carnelian Naturals Inc. notices and other communications pertaining to your use of this Site and this Agreement at Our email address listed below. You agree that the delivery of Our communications is effective when sent by Carnelian Naturals Inc., regardless of whether or when you read Our communication or receive it.
Carnelian Naturals Inc. shall be not held liable for any delay or failure in performance of any part of this Terms of Use from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, pandemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow-downs over the internet or any third party internet service providers. Except to the extent required by applicable law, you agree that any claim or cause of action arising out of or related to the use of the Website or the terms and conditions contained in this Terms of Use must be filed within one year after such claim or cause of action arose or the claim or cause of action shall be forever barred.
Contact Us
Subject: Attention – Terms and Conditions
Email: info@carnelian-naturals.ca
