Terms and Conditions
Effective date (last updated): October 9, 2018
Welcome to Viva Naturals!
Please read these terms and conditions which govern the relationship between you and Viva Naturals Inc. (“WE”, “US”, “OUR”) when you use the website(s) vivanaturals.com and krilloil.com (“SITE(S)”) and purchase products on this SITE.
By using this SITE, you agree to these terms and conditions. If you do not agree to these terms and conditions, do not use this SITE. WE reserve the right to change, modify, add, or remove portions of these terms and conditions at any time; please check here periodically for changes. If required by law, WE will provide notice of material changes by posting a notice on this SITE, amending the effective date at the top of this page, and/or sending you an email. Your continued use of this SITE following posted changes indicates your acceptance of those changes.
WE are incorporated in Canada and operate this SITE from OUR office at:
Viva Naturals Inc.
100 Sheppard Ave E, Suite 700
Toronto, Ontario, Canada
PRIVACY AND SECURITY
WE are committed to protecting the privacy and security of personal data and other information you submit on this SITE. Please see OUR Privacy and Cookies Policy for further detail.
All content, and the compilation of such content, on this SITE is OUR property, except for any content belonging to third-party service providers, and is protected by Canadian and international copyright laws. OUR intellectual property (“IP”), which includes but is not limited to OUR registered trademarks, trademarks, trade names, trade dress, domain names, logos, and products, may not be used without OUR express authorization and, without limiting the generality of the foregoing, OUR IP may not be used in connection with any products or services that do not belong to US, or are authorized by US, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits US. All other trademarks appearing on this SITE that do not belong to US are the property of their respective owners.
LICENCE AND RESTRICTIONS ON USE
You may use this SITE only as permitted by law. WE grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of this SITE. WE have copyright in all material contained on this SITE, unless otherwise expressly stated. None of the material on this SITE may be copied, reproduced, duplicated, republished, resold, framed, uploaded, posted, transmitted, distributed, or otherwise exploited in any way. You are prohibited from using any robots, spiders, data mining or scraping technology, or any similar third party tools for the extraction or reproduction of any data or content from this SITE. Any modification to the materials on this SITE, or use of such materials for any other purpose other than those described herein, violates OUR copyright and other proprietary rights and is strictly prohibited. WE reserve and retain all rights not expressly granted to you in these terms and conditions. It is expressly prohibited, and a violation of these terms and conditions and OUR proprietary rights, to link to this SITE without obtaining OUR prior written consent; please contact US at the above address to request OUR consent.
By using this SITE, you represent that you are at least the age of majority in your state, province, or place of residence. To order products on this SITE, you may create and use a customer account or you may checkout as a guest. You are responsible for maintaining the confidentiality of your account and password. You are also responsible for all activities that occur under your account or password, and for keeping your information true, accurate, current and complete. WE reserve the right to refuse service, terminate accounts, terminate your rights to use this SITE, remove or edit content, and cancel orders, at OUR sole discretion and without notice. If you know or suspect that the confidentiality of your account and password have been compromised, you must immediately change your password; if you have any difficulties, please notify US at the email address listed above.
You are communicating with US electronically when you send messages on this SITE or send US emails. You consent to receiving electronic communications from US such as emails, messages on this SITE, and notices posted on this SITE. You agree that all agreements, notices, messages, disclosures, and other communications that WE provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMER REGARDING INFORMATION AND PRODUCTS
Information on this SITE is provided for informational purposes only and is not meant to substitute for the advice of your physician or other healthcare professional. WE are not responsible for, and shall not be liable for, your or any other person’s actions or decisions taken in reliance on the information on this SITE. OUR products should not be confused with prescription medicines and should not be used as a substitute for medically-supervised therapy. Consult with a healthcare professional before beginning any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
THE INFORMATION AND PRODUCTS ON THIS SITE MAY CONTAIN STATEMENTS THAT HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION. THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
REVIEWS, COMMENTS, AND OTHER CONTENT
You may post product reviews, comments, and other content (“Content”) on this SITE as long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Content you post. Please see OUR Privacy and Cookies Policy regarding the personal data of children and sensitive personal information. You represent and warrant that you own or otherwise control all rights to the Content you post, and that the Content is accurate, does not violate these terms and conditions, and will not cause injury to any person or entity, and that you will indemnify US for all claims resulting from Content you post. WE are not responsible or liable for any Content you post on this SITE.
When you post Content on this SITE, you grant US a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications, and display such Content throughout the world in any media for all purposes, including in advertising and promotions. You further grant US the right to use the name you submit in connection with such Content. WE reserve the right, but not the obligation, to remove or edit any Content you post on this SITE.
PRODUCTS AND PRICES
WE strive to provide accurate product and pricing information on this SITE, but pricing and typographical errors may occur from time to time. WE do not guarantee the availability of any product described on this SITE. All prices shown are prior to any applicable taxes. WE reserve the right to limit quantities and to correct errors or omissions prior to processing a purchase order. WE are not liable for any errors or omissions on this SITE or for unavailability of any product. Information including product availability and pricing is subject to change, at OUR discretion, at any time without notice.
You agree to defend, indemnify and hold harmless Viva Naturals Inc., its affiliates, their respective officers, directors, employees, agents, and representatives (the “Indemnified Parties”) from and against any claims, liabilities, damages, losses, expenses, actions, or demands, including without limitation reasonable legal, attorney’s and accounting fees and costs (judicial and extra-judicial), regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the Indemnified Parties, arising out of or in connection with: (1) your access to and use of this SITE; (2) your purchase or use of any service or product made available through this SITE; (3) your breach of these terms and conditions or any other policy on this SITE; (4) your infringement of any intellectual property, publicity, confidentiality, property, or privacy rights of any person; (5) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including without limitation all regulatory, administrative, and legislative authorities; and (6) any misrepresentation made by you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Depending on your place of residence, the laws applicable in that jurisdiction may not allow all or part of the below limitations of liability or exclusions to apply to you; the following limitations and exclusions will apply to you only to the maximum extent permitted by applicable law. For example, the Consumer Protection Laws applicable in Quebec do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages.
YOU AGREE THAT THIS SITE AND ALL OF ITS CONTENTS, MATERIALS, PRODUCTS, PRICES, AND SERVICES MADE AVAILABLE THROUGH THIS SITE (“CONTENTS”) ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, AND “NON-RELIANCE” BASIS. YOU AGREE THAT YOU USE THIS SITE AT YOUR SOLE RISK AND THAT VIVA NATURALS INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION THEIR ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED, OR THAT YOUR ACCESS TO THIS SITE WILL BE CONTINUOUS OR UNINTERRUPTED.
YOU AGREE THAT VIVA NATURALS INC., ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ITS CONTENTS. YOU ACKNOWLEDGE THAT THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, SAVINGS, SALES, BUSINESS OR REVENUE, LOSS OF REPUTATION OR GOODWILL, LOSS OF CHANCE OR OPPORTUNITY, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURAICEIS IN THIS SITE OR ITS CONTENTS.
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THIS SITE.
GOVERNING LAW AND JURISDICTION
This SITE can be accessed in numerous countries and regions around the world, each with its own laws and regulations that may differ from those of Ontario and Canada. By accessing this SITE, you agree that all matters relating to access or use of this SITE, or any hyperlinked site, shall be governed exclusively by the laws of Ontario and the federal laws of Canada, without regard to conflict of laws principles. You voluntarily agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of Ontario. You are responsible for complying with your own local laws and regulations.
If any part of these terms and conditions is deemed indefinite, invalid, illegal, void, or otherwise unenforceable, that part shall be deemed severable and other parts of these terms and conditions will continue in full force and effect. These terms and conditions constitute the entire agreement between you and US governing your use of this SITE. If WE fail or delay in exercising any right or remedy available to US under these terms and conditions or otherwise, it shall not constitute OUR waiver of such right or remedy.
Suggested language on order/checkout page:
“I agree to the Terms and Conditions and Privacy and Cookies Policy.”
(You must click “agree” before placing your order)