Terms of Service
www.nutrimal.co
Effective date: 1st October 2021
Introduction
Welcome to www.nutrimal.co (“Site” or “Website”).
This website is owned and operated by Nutrimal Supplements Inc. from Canada. Throughout the Site, the terms “we”, “us”, “Nutrimal” and “our” refer to Nutrimal Supplements Inc. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or when ordering something from us, you (“User” or “Customer”) engage in our “Service” and agree to be bound by the following terms and conditions/terms of use (“Terms”), including those additional terms and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICY, YOU SHOULD NOT USE THE SERVICES.
Nutrimal – General Information
About. Whole animal superfoods. Where old fashioned meets new and improved. Nutrimal offers health related products, supplements, research material and several other products and services through its website. To find out more information about what we do, please refer to our website.
Descriptions. The pictures of the products (and packaging) on our website are for illustrative purposes only. We work to ensure that colors are displayed accurately but we can’t guarantee that a device’s display of the colors exactly reflects those of our products.
Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.
Eligibility
The purchase of products through Nutrimal is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
Health Advice
Nutrimal website may contain from time to time information related to various health, medical and fitness conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a professional health care provider. You should not use the information contained herein for diagnosing a health or fitness problem or disease.
You should always consult with a healthcare professional or provider, and carefully read all information provided on the site or in any product label or packaging, before using any Nutrimal products, following research before starting any diet or exercise program or before adopting any treatment for a health problem, or if you have or suspect you might have a health problem.
You fully understand and accept that you will use the products at your own risk and will not hold Nutrimal liability in any way when using these products. Using, accessing and/or browsing the Site and/or providing personal or medical information to Nutrimal does not create a physician-patient relationship between you and Nutrimal.
Risks
There are risks involved with the use of various health products and medications, including serious illness and death. Nutrimal does not accept responsibility for any of these risks, nor does accept any responsibility for determining whether any particular health product or medication is safe or suitable for you to use. You fully accept these risks and responsibilities.
Orders
All orders are subject to acceptance and availability. We may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any product from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Products for Personal Use Only
The products available on the Site are for personal use only. You may not sell or resell any of the products that you purchase or otherwise receive from us. Nutrimal reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that Nutrimal believes, in its sole discretion, may result in the violation of these Terms.
Payment
Our Site accepts all major payment methods which include:
- Visa (credit and debit cards)
- MasterCard (credit and debit cards)
- American Express
- Any other payment method displayed on our Site.
We reserve the right to add or change our payment methods at sole discretion anytime.
Pricing Policy
Prices shown on the Site are in Canadian Dollars.
Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website. If you had placed your order for a product before the price change, the price will be as stated on our website at the time when you had placed your order.
Although we endeavour to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Nutrimal shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Permitted use
You agree to use the Site and the Services only for purposes that are permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by Nutrimal;
- Gain unauthorized access to Nutrimal’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Nutrimal’s networks, and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by Nutrimal in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
Limited License and Site Access; Acceptable Use
You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Accounts, Registrations, and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.
Intellectual Property Rights
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at marco@nutrimal.co
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.
Monitoring Activity
Nutrimal has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Nutrimal has no obligation to display or post any content.
Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NUTRIMAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL NUTRIMAL, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, ANTICIPATED SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, OR COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS AND CONDITIONS; AND/OR (II) YOUR USE OF OR RELIANCE UPON ANY PRODUCT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
TO THE EXTENT THAT OUR LIABILITY HAS NOT BEEN EXCLUDED OR LIMITED UNDER THESE TERMS AND CONDITIONS, NUTRIMAL’S TOTAL MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS AND CONDITIONS, AND/OR (II) YOUR USE OF OR RELIANCE UPON ANY PRODUCT, WHETHER SUCH LIABILITY ARISES OUT OF OR RELATES TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY ($50.00) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATION OR EXCLUSION OF LIABILITY. IN ANY SUCH INSTANCE, THE ABOVE LIMITATION OR EXCLUSION SHALL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold Nutrimal and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Canada and you hereby submit to the exclusive jurisdiction of the Canadian courts.
Children
If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.
Links To Other Web Sites
Our site may contain links to third-party web sites or services that are not owned or controlled by us. Nutrimal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Nutrimal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Changes
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revized since your last visit to the website by referring to the "Effective Date of Current Policy" date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revized by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
Severability
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
Assignment
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
Force Majeure
Nutrimal is not liable for any delays caused by circumstances beyond Nutrimal’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.
Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and Nutrimal concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive Nutrimal's right to act concerning subsequent or similar breaches.
Term and Termination
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to Nutrimal shall survive any termination.
Contact Us
For any questions, complaints, and queries or to report any violations, kindly send an email to marco@nutrimal.co