Terms of Use

Introduction and Acceptance

Welcome to the phsantebeaute.com website located at http://www.phsantebeaute.com/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website, which may include the purchase of goods. By visiting and / or using the Website you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).

The Website is owned and operated by pH Santé Beauté Inc., a duly incorporated company in the province of Québec, Canada. The present TOU may refer to the Website or pH Santé Beauté Inc. (and / or its officers, directors, employees, agents or representatives) or both, depending on the context.

The TOU were last modified on June 9, 2016. phsantebeaute.com reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website.
In these TOU, a Website visitor or user may be referred to as “you”. When a Website user has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Website user has made a purchase, they may be referred to as a “Client”.

If you have any questions about the TOU, please contact:

phsantebeaute.com Legal Services
info@phsantebeaute.com
or:

phsantebeaute.com Legal Services
5040, avenue du Parc
Montreal (QC)
CANADA
H2V 4G1

General Code of Conduct for Use of the Website

By visiting and / or using the Website, you agree to:

i.    Not use the Website in any manner that in any way violates these TOU;
ii.    Not use the Website in any manner that violates any intellectual property rights of any third party;
iii.    Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
iv.    Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to phsantebeaute.com or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether Personal Information or not) of phsantebeaute.com, other phsantebeaute.com users, or any other third party;
v.    Not: (1) take any action that imposes or may impose (as determined by phsantebeaute.com in its sole discretion) an unreasonable or disproportionately large load on phsantebeaute.com’s (or its third party providers’) infrastructure; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures phsantebeaute.com may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
vi.    Use the Website in compliance with all applicable local, state / provincial, national, and international laws.

Products and Health Disclaimer

The products sold on phsantebeaute.com have been approved by Health Canada under the Natural Health Products Regulations.

However, they have not been proven or approved to necessarily diagnose, treat, cure or prevent any particular disease. The information (in any form, including but not limited to text, audio and video) provided on the Website is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should consult with a healthcare professional before starting any diet, exercise or supplements program, before taking any medication or supplement, or if you have or suspect you might have a health problem. No action should be taken solely on the information on the Website, regardless of demonstrated or perceived scientific merit.

Products available on the Website are manufactured and / or formulated for phsantebeaute.com by various manufacturers under license. phsantebeaute.com cannot be held responsible for typographical errors on product packaging or product formulation changes. Products available on phsantebeaute.com should only be used by persons 18 years and older.

phsantebeaute.com shall not be held responsible for any health problems that may arise from use of the information on this site or products sold. All information, materials and services presented within this site are for educational purposes only. The material, information, services, and products contained on this site are not intended to be used alone as a treatment, cure or prevention of any condition or disease. You are advised to consult with a healthcare professional regarding the suggestions, recommendations and products found on this site and before starting any diet, exercise or supplements program, and phsantebeaute.com shall not be held responsible for any damages (pecuniary, health, or otherwise) from your failure to do so, or your failure to abide by any other provision or recommendation in the present section.

Accounts and Logged-in Users

In order to make a purchase on phsantebeaute.com, you are required to create an account. Accounts are free, and are available to anyone who provides a valid email address, and first and last name (that should match your credit card information). When creating an account, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. Alternatively, you may use valid Facebook credentials to log in to the Website. If you have created an account and are logged-in to the Website using your email address and password or Facebook credentials, you may be referred to in the present TOU or the Privacy Policy as a “Logged-in User”.

It is strongly suggested if you are a Logged-in User that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. phsantebeaute.com, and / or its respective officers, directors, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any damages resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Website with your account information by accessing your account through any other means, and disclaims any responsibility in this regard. 

phsantebeaute.com reserves the right to terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU.

Purchases and Payment Processing

All purchases made through the Website are processed using a secure https:// connection, and payment processing is handled through online payment processor PayPal. Terms for payment are prepayment (at the time of purchase). Major credit cards are the only accepted means of payment at this time, but this is subject to change without notice.  Once transactions are accepted by PayPal, they are processed in accordance with PayPal program rules and procedures. phsantebeaute.com and PayPal are unaffiliated companies and phsantebeaute.com has no influence on the PayPal operations, and phsantebeaute.com shall in no way be held responsible for any damages resulting from any error or failure on the part of PayPal. 

Prices

All prices are firm and in Canadian dollars, which may be converted to other currencies by PayPal at the time of payment processing, depending on your country of origin and / or credit card account agreement. Invoiced pricing includes all Federal taxes, and Provincial sales taxes as applicable, and shipping. As a purchaser through PayPal, you have a certain level of protection as per PayPal Purchase Protection. Additional insurance, special packing costs and expenses are the responsibility of the Purchaser and must be arranged prior to purchase.
In the event that an item is mistakenly listed at an incorrect price, phsantebeaute.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. phsantebeaute.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Client's credit card charged. If the Client has already been charged for the purchase and the order is cancelled, phsantebeaute.com shall issue a credit to the credit card used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping).

Foreign Purchases - Duty/Brokerage Fees and Taxes

Shipments made outside of Canada are tax-exempt, but may be subject to duties, national or local taxes in your jurisdiction and/or brokerage fees.  You acknowledge that you are solely responsible for any of these additional charges.

Shipping

phsantebeaute.com ships via Canada Post, via various options indicated under shipping options at the time of purchase. span Please note that the indicated shipping times for these options include business days (Monday through Friday, excluding holidays) only. These shipping times do not include one additional business day for processing of your order.

phsantebeaute.com shall in no way be held responsible for any damages resulting from any error or failure on the part of Canada Post. Canada Post shall be responsible for damages incurred during shipping. Risk of loss, damage or destruction shall pass to the Client upon delivery, except as provided for in the next section.

Returns, Exchanges and Refunds

phsantebeaute.com will gladly exchange products if we have mistakenly shipped the wrong item. In such cases, we will pay all shipping costs. All products returned must be unopened (an unbroken seal), unless the Client discovers the product is damaged or spoiled after opening the packaging. We do not accept responsibility in cases where the Client has entered an incorrect or incomplete address or has ordered a product incorrectly so please enter all ordering information carefully. After your order is shipped, phsantebeaute.com is unable to accept any changes to, or cancellation of, your order except in cases (due to phsantebeaute.com error) of damaged, defective, or incorrectly shipped merchandise.

phsantebeaute.com will provide new product or refund the total costs (including taxes and shipping) in cases where damaged product is received. You must notify phsantebeaute.com of the damaged product within one week after you receive the order.

In all cases when the Client requests an exchange or refund, please contact phsantebeaute.com and include your order information (date of purchase and product(s) purchased) and a description of the reason for your request, and it will provide you with instructions to complete your exchange or refund. phsantebeaute.com reserves the right to make a final determination of the extent of the damage to the goods and if a refund or exchange is warranted, yet making every effort to ensure your satisfaction.

Refunds will only be issued to the same credit card that was used for the original purchase. Items must be returned within 30 days of receipt. 

External Links

From time to time phsantebeaute.com may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. phsantebeaute.com provides those links as a convenience to you and phsantebeaute.com takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. phsantebeaute.com does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those third parties. 

In no way will phsantebeaute.com be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

Copyright and Intellectual Property Rights

The content, arrangement and layout of the Website, including, but not limited to, the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to phsantebeaute.com, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of phsantebeaute.com, or as permitted by the functionality of the Website. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and phsantebeaute.com may take action accordingly.

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party computer code. For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.

Interruption of Service

From time to time, the Website may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, phsantebeaute.com shall not be held liable for any damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto. 

Termination of the Website

You agree that phsantebeaute.com, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if phsantebeaute.com believes that you have acted inconsistently with the letter or spirit of the TOU.

phsantebeaute.com may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Furthermore, you agree that the phsantebeaute.com shall not be liable to you or any third party for any damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from phsantebeaute.com’s termination of the Website or any part thereof.

All provisions of these TOU which by their nature should survive termination shall survive termination of the Website, including without limitation, intellectual property ownership provisions, disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

You expressly understand and agree that your use of the Website, the information thereon (whether provided by phsantebeaute.com or third parties), or any activity arising from the use of the Website or the information thereon is at your sole risk. The Website, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or damages (financial or otherwise) resulting from your use of the Website, the information thereon, or any activity arising from the use of the Website or the information thereon. 

The information or resources provided through the Website written or produced by phsantebeaute.com staff, freelance writers or other subcontractors (whether paid or voluntary) is known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and phsantebeaute.com shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website. 

phsantebeaute.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. phsantebeaute.com, and its directors, employees, agents, suppliers, partners and subcontractors (whether paid or voluntary) do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website will meet your requirements. 

Limitation Of Liability

You expressly understand and agree that phsantebeaute.com and / or its partners shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, the use of the Website, activities arising from your use of the Website, products purchased on the Website, or any third party materials on the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by phsantebeaute.com, their affiliates, business partners, agents or other subcontractors (whether paid or voluntary); any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.  

Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by phsantebeaute.com or its agents or subcontractors (whether paid or voluntary), you agree to indemnify, defend and hold harmless phsantebeaute.com and their officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable (whether paid or voluntary) from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information or products thereon; (ii) your participation in any activities arising from the Website or the information thereon; (iii) your violation of, or failure to perform your obligations under the TOU; or (iv) your violation of any rights of a third party.

Governing Laws and Jurisdiction

Use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and phsantebeaute.com shall be brought exclusively in the courts located in the judicial district of Montreal, Quebec, Canada.

Miscellaneous Provisions

i.    The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and phsantebeaute.com with respect to your use of the Website, superseding any prior agreements between you and phsantebeaute.com.  
ii.    phsantebeaute.com shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond phsantebeaute.com’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation. 
iii.    If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy as the case may be, shall remain in full force and effect.
iv.    The parties acknowledge having expressly required that the TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique relative à la protection des renseignements personnels soient rédigées en anglais. In case of discrepancy between the English and French versions of either document, you agree that the English language version shall be the controlling version.
v.    The section titles in the TOU and Privacy are for convenience only and have no legal or contractual effect.

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