Terms and Conditions of Sale

 

THIS TUJA E-STORE SERVICES AGREEMENT (THE "E-STORE AGREEMENT") BETWEEN YOU AND TUJA WELLNESS CORP., SET OUT BELOW GOVERNS YOUR USE OF THE TUJA E-STORE SERVICE (THE "STORE SERVICE"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE STORE SERVICE.

 

FOR MORE INFORMATION ABOUT OUR GENERAL WEBSITE TERMS AND CONDITIONS OF USE, PLEASE VISIT http://www.tujawellness.com/usage-agreement.html.

 

As used in this e-Store Agreement, "Tuja" means Tuja Wellness Corp. and any of its applicable affiliates (as defined in the Alberta Business Corporations Act), "Site" means this website operated by Tuja, and "you", and any derivative thereof, means the purchaser (if purchasing a Tuja Product as an individual), or the business employing the purchaser (if purchasing a Tuja Product as a business) and any of its affiliates. Capitalized terms have the meanings given to them in this e-Store Agreement.

 

PLEASE NOTE: YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE STORE SERVICE.

 

1               THIRD PARTY PRODUCTS

This e-Store Agreement governs only the products offered and sold by Tuja (the "Tuja Products").

 

Please be aware that parties other than Tuja may operate stores, provide services, or sell product lines through the Site. In addition, Tuja may provide links to the sites of these third party companies and certain other businesses. Tuja is not responsible for examining or evaluating, and Tuja does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Tuja does not assume any responsibility or liability for the actions, products, and content of these and any other third parties. You agree that Tuja is not in any way responsible for any such actions, products, and/or content. You should carefully review the privacy statements and other conditions of use relating to any such third party offerings.

 

2               PURCHASE AS A GUEST OR TUJA MEMBER

You may use the Store Service as a guest or through your Tuja member account. Any information you provide to Tuja as part of the Store Service shall be subject to this e-Store Agreement and the Privacy Policy, found at http://www.tujawellness.com/privacy-policy.html.

 

3               SHIPPING

Tuja reserves the right to limit the quantities of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if Tuja believes that your conduct contravenes applicable law or is harmful to the interests of Tuja or its representatives, agents, contractors, suppliers or licensees.

 

Tuja will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods clearly indicated on the Store Service; however, Tuja will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, Tuja will notify you as soon as possible.

 

4               ACCEPTABLE USE POLICY FOR YOUR RATINGS, REVIEWS, COMMENTS AND COMMUNICATIONS

All permitted and prohibited uses of this website, including any ratings, reviews, comments and communications are governed by the website's Terms and Conditions of Use, found at http://www.tujawellness.com/usage-agreement.html and, if you are a Tuja member, the Tuja Membership Agreement found at http://www.tujawellness.com/membership-agreement.html.

 

5               PAYMENT AND TAXES

You agree that you will pay for all products you purchase through the Store Service in accordance with this e-Store Agreement. Tuja accepts payment through PayPal, a third party processor, only. This means that

 

(a)            all payment information you provide to purchase a Tuja Product is delivered directly to PayPal, and

(b)            PayPal is responsible for accurate processing of the transaction and appropriate storage and protection of your personal information.

Tuja does not receive, store or handle your personal financial information. Without limiting the foregoing, you understand and agree that Tuja is not liable for any error in invoicing or payment processing, or any breach in security with respect to your payment information associated with PayPal.

 

All prices listed on this website are in Canadian dollars and all other charges are in Canadian dollars.

 

Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase or download the product. We will charge tax for digital goods only in jurisdictions where digital goods are taxable.

 

6               REFUND POLICY

Subject to the refund provisions of this Section 6, all sales and rentals of digital Tuja Products are final.

 

Non-digital, unused, unworn, and unopened Tuja Products may be returned for refund within fourteen (14) days of purchase. You must pay the return shipping costs.

 

Prices for Tuja Products offered via the Store Service may change at any time, and the Store Service does not provide price protection or refunds in the event of a price reduction or promotional offering.

 

If a Tuja Product becomes unavailable following a transaction but prior to a download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Tuja.

 

7               CONTENT AVAILABILITY

Tuja reserves the right to change content options (including eligibility for particular features) without notice.

 

8               USE OF PURCHASED OR RENTED CONTENT

You agree that the Store Service and certain Tuja Products include security technology that limits your use of Tuja Products and that, whether or not Tuja Products are limited by security technology, you shall use Tuja Products in compliance with the applicable usage rules established, from time to time, by Tuja and its licensors ("Usage Rules"), and that any other use of the Tuja Products may constitute a copyright infringement. Any security technology is an inseparable part of the Tuja Products. Tuja reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Tuja for compliance purposes, and Tuja reserves the right to enforce the Usage Rules without notice to you.

 

You agree not to access the Store Service by any means other than through the website or software (which may include a login portal) that is provided by Tuja for accessing the Store Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the website or software in any manner or form, or to use modified versions of the website or software, for any purposes including obtaining unauthorized access to the Store Service. Violations of system or network security may result in civil or criminal liability.

 

9               USAGE RULES

(a)            You are authorized to use Tuja Products for personal, noncommercial use only.

(b)            You are not entitled to burn digital Tuja Products.

10            PRODUCT DESCRIPTIONS

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

 

11            INTELLECTUAL PROPERTY

All Tuja Products are the exclusive property of Tuja or its licensors and is protected by international copyright, trade-mark, service marks, patents or other proprietary rights and laws.

 

No portion of the Store Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Store Service in any manner, and you shall not exploit the Store Service in any unauthorized way whatsoever.

 

Notwithstanding any other provision of this e-Store Agreement, Tuja and its licensors reserve the right to change, suspend, remove, or disable access to any Tuja Product, content, or other materials comprising a part of the Store Service at any time without notice. In no event will Tuja be liable for making these changes. Tuja may also impose limits on the use of or access to certain features or portions of the Store Service, in any case and without notice or liability.

 

12            DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(a)            TUJA WARRANTS THAT IT WILL PROVIDE THE STORE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS E-STORE AGREEMENT. EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THE STORE SERVICE, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITATION TO THE FOREGOING:

(i)              TUJA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE STORE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME TUJA MAY REMOVE THE STORE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE STORE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU; AND

(ii)            TUJA DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE STORE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TUJA DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY TUJA PRODUCTS PURCHASED FROM THE SITE.

(b)            IN NO CASE SHALL TUJA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY TUJA, ITS EMPLOYEES OR AGENTS WHERE:

(i)              THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY TUJA OR BY ANY OF OUR EMPLOYEES OR AGENTS;

(ii)            SUCH LOSS OR DAMAGE IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH BREACH; AND

(iii)           ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS E-STORE AGREEMENT.

TUJA WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE STORE SERVICE.

(c)            TUJA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE STORE SERVICE, BUT YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TUJA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

(d)            IN NO CASE SHALL TUJA BE LIABLE FOR ANY CLAIM ARISING FROM THIRD PARTY ACTIONS, PRODUCTS AND/OR CONTENT.

13            WAIVER AND INDEMNITY

BY USING THE STORE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD TUJA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS E-STORE AGREEMENT, YOUR USE OF THE STORE SERVICE, OR ANY ACTION TAKEN BY TUJA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS E-STORE AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS E-STORE AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM TUJA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE STORE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TUJA'S CONCLUSION THAT A VIOLATION OF THIS E-STORE AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS E-STORE AGREEMENT.

 

14            OBJECTIONABLE MATERIAL

You understand that by using the Store Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Store Service at your sole risk and Tuja shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Product types and descriptions are provided for convenience, and you agree that Tuja does not guarantee their accuracy.

 

15            CHANGES

Tuja reserves the right at any time to modify this e-Store Agreement and to impose new or additional terms or conditions on your use of the Store Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this e-Store Agreement. Your continued use of the Store Service will be deemed acceptance thereof.

 

16            ENTIRE AGREEMENT

This e-Store Agreement (together with the general Terms and Conditions of Use, Privacy Policy, and Tuja Membership Agreement, as applicable) constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements, negotiations, discussions, undertakings, representations, warranties and understandings, whether written or verbal (including any previous agreements between you and Tuja). Tuja's failure to insist upon or enforce strict performance of any provision of this e-Store Agreement shall not be construed as a waiver of any provision or right of Tuja. In the event of conflict between this Tuja e-Store Services Agreement, the Tuja Membership Agreement, the Privacy Policy, and the general Terms and Conditions of Use, the following order of precedence shall apply: Tuja Membership Agreement, Tuja e-Store Services Agreement, Privacy Policy, and Terms and Conditions of Use.

 

17            SEVERABILITY

If any term of this e-Store Agreement is or becomes illegal, invalid or unenforceable, the illegality, invalidity or unenforceability of that term will not affect the legality, validity or enforceability of the remaining terms of this e-Store Agreement.

 

18            GOVERNING LAW

This e-Store Agreement shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles. You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to this e-Store Agreement and you agree not to bring any action, suit or proceeding against Tuja, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta.