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1.1 “Company” means 2822161 Ontario Inc. which operates under the tradename recoverymarket.com.
1.2 “Delivery Point” means the shipping and billing address provided by You to the Company.
1.3 “Documentation” means any instructions as well as any other documents which accompany the Goods.
1.4 “Goods” means all products, supplies, equipment, materials, supplied by Company on this Site.
1.5 “Laws” means all applicable federal, provincial, state, and municipal legislation.
1.6 “Losses” means any or all of the following: losses, damages, costs, expenses, penalties, fines, claims, demands, actions, proceedings, liens, court proceedings, judgments, collection costs, unpaid taxes, losses, or any other liability to Company, including legal fees on a solicitor-and-own-client basis, together with any interest in relation thereto at the applicable rate.
1.7 “Site” means the website www.recoverymarket.com and all related links which may be utilized by Company which are attached to this Site.
1.8 “You” means the consumer using this Site to purchase the Goods identified on www.recoverymarket.com.
USE OF SITE
2.1 You agree and understand that to purchase Goods listed on the Site You will be required to provide information to properly register an online profile on the Site, Your information will be used by Company to record, analyze, and manage your past and current purchases, provide You with marketing materials, and may be relied upon for providing You with customer service.
2.2 You agree that you will only use this Site for its intended purpose which is to assess and purchase Goods which are being offered by Company.
SHIPPING & DELIVERY
3.1 Company utilizes third-party services to package and ship your Goods and does not guarantee a time frame for arrival of any Goods even if shipping and delivery estimates are provided on this Site.
3.2 Your shipping address must match your billing address. The Company will only accept orders with shipping addresses that indicate a physical address. The Company will not deliver to P.O. Boxes. All Goods will be delivered to the Delivery Point in accordance with the delivery schedule of the third-party shipper. Unless otherwise instructed by yourself to the third-party carrier, deliveries may be left at the physical address without obtaining a proof of signed receipt. It is your responsibility to track your purchase and secure receipt of the Goods upon its arrival to the Delivery Point.
4.1 Due to the nature of the Goods sold, the Company has a strict no return or exchange policy regardless of whether such Goods have been opened, tampered, used, remain unused, or unopened. All sales are final. If You have any issues with our Goods, please contact our customer service team for assistance regarding the recommended use or disposal of the Goods purchased by You.
INFORMATION REGARDING GOODS
5.1 The Goods displayed on the Site are only distributed in certain select countries. All information presented regarding the Goods on the Site is intended to be used for personal, educational, or informational purposes only. We strongly encourage You and remind You that You are responsible for seeking the advice from appropriate professionals concerning information about our Goods on this Site. Our Goods are not intended to diagnose, treat, cure, or prevent any condition or disease which may arise from any medical procedure undertaken by yourself and our Goods are not a substitute for any form of medical treatment for any condition or disease. All Goods should be used strictly in accordance with any accompanying Documentation. You should always check the ingredients of Goods to avoid potential allergic reactions. These Goods are not intended for use by minors.
5.2 We cannot guarantee the accuracy of the images of the Goods displayed on the Site but have made all efforts to display Goods as accurately as possible.
6.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE SITES, CONTENT, THIRD-PARTY CONTENT, LINKS AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SITE, CONTENT, THIRD-PARTY CONTENT, ANY LINKS TO THIRD-PARTY SITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO: (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (II) RESULTS TO BE DERIVED FROM THE USE OF THE SITE; (III) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; AND (IV) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE, CONTENT AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
6.2 REFERENCE TO THE EFFECTIVENESS OR PERFORMANCE OF ANY GOODS PROMOTED ON THIS SITE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY THE COMPANY.
LIMIT OF LIABILITY
7.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR LOSS OF BUSINESS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OUR SITE OR GOODS WHETHER OR NOT SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR AFFILIATES OR APPLICABLE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”).
7.2 OUR MAXIMUM LIABILITY FOR ANY LOSSES (as defined in section 1.6 of these terms and conditions) WHICH ARISE FROM THE USE OF OUR SITE OR GOODS PURCHASED BY YOU FROM OUR SITE WILL NOT EXCEED FIFTY DOLLARS ($50.00) OR THE PURCHASE PRICE OF YOUR GOODS WHICHEVER IS GREATER.
7.3 NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE COMPANY’S LIABILITY FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (B) GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF COMPANY IN ITS PERFORMANCE OF ITS RESPONSIBINLITES TO YOU UNDER THIS AGREEMENT.
7.4 The internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, ransomware, fraud, error, omission, interruption, deletion, defect, delay in operation or any other technical or other malfunction which occur to your electronic devices.
PATENTS & TRADEMARKS
8.1 All trademarks, trade names, service marks, or third-party content displayed on the Sites, (collectively, the “IP”), is Company’s property or the property of third-parties who have authorized their use. Nothing in these terms and conditions or by virtue of you purchasing our Goods grants You or any of your affiliates any license or right to use any IP without prior written consent from Company.
OBLIGATION TO SUBMIT ACCURATE INFORMATION
9.1 You acknowledge that You are responsible for any material You may submit via the Site, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site any material that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity.
10.1 You agree that You shall hold harmless, be liable to and indemnify Company for all Losses sustained, incurred, or paid by Company which is directly or indirectly attributable to your: (i) breach of these terms and conditions; (ii) misuse of Company’s Site; and (iii) any costs or fees arising in the collection of monies owing from You to Company related to the purchase of Goods.
RIGHT TO TERMINATE PROFILE
11.1 We reserve the right, in our sole discretion, to limit or terminate your access to or use of the Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which the Company may be entitled at law or in equity.
12.1 If Company fails to perform any of its obligations hereunder because of any act of God, war, riot, insurrection, labour interruption, civil commotion, fire, flood or other event or circumstance which is not reasonably foreseeable and which is beyond the reasonable control of Company, then Company shall not be liable for its failure to the extent Goods were not shipped and delivered to You. Subject to the shipping and delivery policy of recoverymarket.com, in the event You do not receive an ordered product because of a force majeure event then You shall be reimbursed the purchase price for the Goods ordered.
13.1 All transactions related to Goods sold on this Site are governed and construed with the laws of the Province of Ontario, and any applicable federal laws of Canada, without regard to conflict of law principles. Both parties agree that any legal proceedings shall take place at the law courts in the City of Toronto, in the Province of Ontario.
13.2 The parties agree that in the interpretation of this contract or any part of it, the doctrine of contra proferentem shall not apply and that any ambiguity shall not be construed against the Company on the basis of this rule of construction.
13.3 If any term of this Purchase Order is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms of this Purchase Order shall remain in full force and effect.
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