Terms and Conditions
Last updated: January 10, 2020
These Terms and Conditions (these “Terms”) set forth the terms and conditions that apply to your access and use of the website located at www.patient-choice.com (the “Site”) owned and operated by Empress Agri Sales Inc. d.b.a. Patient Choice (“Patient Choice”, “we”, “us” and “our”) and all materials and services made available on the Site.
These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell Products to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent and warrant that you are at least the age of majority in your province or territory of residence and capable of forming a binding contract under applicable law. Persons under the age of majority in their province or territory of residence are not permitted to access or use the Site or order Products through the Site.
You may not use the Site or any Products made available to you through the Site for any illegal or unauthorized purpose nor may you, in the use of the Site or the Products, violate any laws in your jurisdiction.
A breach or violation of any of the Terms will result in an immediate termination of your right to access and use the Site.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, access to the Site or any contact on the Site without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
SECTION 4 - MODIFICATIONS TO THE SITE
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site.
SECTION 5 - PRODUCTS AND PRICING
We have made every effort to display as accurately as possible the colors and images of Products that appear on the Site, typically based on content provided by third parties. We cannot guarantee that your computer monitor's display of any color will be accurate.
By ordering Products through the Site, you agree that your order is an offer to buy, under these Terms, the Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
We reserve the right, but are not obligated, to limit the sales of Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products, Product pricing, discounts and promotions posted on the Site are subject to change at any time without notice, at the sole discretion of us, at times at the advice of the underlying producer of such Product. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Site is void where prohibited.
Posted Product prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
If you order a Product through the Site, you represent and warrant that you are buying the Product from the Site for your own use only and not for resale or export.
SECTION 6 - PAYMENT AND ACCURACY OF BILLING AND ACCOUNT INFORMATION
Unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept payment via credit card and PayPal for all purchases. We reserve the right to add or change accepted methods of payment at our sole discretion without notice.
You agree to provide current, complete and accurate payment and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - SHIPMENTS, TITLE AND RISK OF LOSS
We will arrange for shipment of Products you order to you via the shipping method you select at the time of your order. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
All products will be shipped by courier to the shipping address associated with the Account. No products will be shipped outside of Canada.
Products are typically delivered within 3 - 7 business days. For any specific questions on shipping or other information, please contact our Patient Care Team at 1-888-585-8890 or email@example.com.
Title to and risk of loss of the Products will pass to you upon transfer of the Products to the applicable carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
SECTION 8 - RETURNS AND REFUNDS
All Products are final sale and non-refundable, except in the event of a Product recall or defect covered by the applicable producer’s standard warranty (a “Defective Product”). To return a Defective Product, you must contact us at firstname.lastname@example.org to obtain a return merchandise authorization (“RMA”) number and the address to which the Defective Product should be returned to. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned Defective Products. Refunds for Defective Products will be processed within 10 days of our receipt of the Defective Product. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
SECTION 9 - THIRD-PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.
Any use by you of third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 10 - THIRD-PARTY LINKS
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party websites, or the goods, services, resources and content available thereon, should be directed to the applicable third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Any ideas, suggestions, concepts, processes or techniques which you provide to Patient Choice related to the Site, the Products or our business (“Feedback”) are and will be Patient Choice’s exclusive property without any compensation or other consideration payable to you, and you do so of your own free will and volition. Patient Choice may or may not, in our sole discretion, use or incorporate the Feedback in whatever form or derivative Patient Choice may decide into the Site, the Products, our business or other products or services, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Patient Choice in any Feedback and, as applicable, waive any moral rights.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any person’s intellectual property rights or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove or suspend access to the Site for indefinite periods of time or terminate the Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk.
We do not grow, produce, manufacture or control any of the Products offered on the Site. Accordingly, we do not provide any conditions or warranties with respect to the Products offered on the Site. However, the Products offered on the Site may be covered by a producer’s warranty as detailed and made available by each respective producer, To make a warranty claim, please follow the instructions included in the producer’s warranty.
THE SITE AND ALL PRODUCTS OFFERED ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE PRODUCER’S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.
IN NO CASE SHALL PATIENT CHOICE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCTS OFFERED THROUGH THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT. PATIENT CHOICE’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH THE SITE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PATIENT CHOICE’S LIABILITY IN SUCH JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Patient Choice, and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively the “Indemnified Parties”), harmless from any claim, demand, loss, damage, cost or liability (including reasonable attorneys’ fees), incurred by or made against the Indemnified Parties arising out of or relating to these Terms, the Site or the Products, including without limitation in relation to: (a) your use or misuse of the Site or Products; (b) your breach of these Terms or the documents they incorporate by reference; or (c) your violation of any law or the rights of a third-party.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may: (a) terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or (b) deny you access to the Site (or any part thereof).
SECTION 17 - GOVERNING LAW; JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
All disputes arising out of or in connection with these Terms will be referred to and finally resolved by arbitration under the domestic rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the British Columbia International Commercial Arbitration Centre. The case will be adjudicated by a single arbitrator and will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its domestic rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English. Notwithstanding the foregoing, Patient Choice may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms are specifically enforceable by Patient Choice through injunctive relief and other equitable remedies without proof of monetary damages.
SECTION 18 - MISCELLANEOUS
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable will be stricken from these Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
The following sections will survive any termination or expiry of these Terms: Sections 6, 8 through 11 and 14 through 18.
SECTION 19 - CONTACT INFORMATION
Questions about these Terms should be sent to us by email to email@example.com or via www.patient-choice.com/contact.