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Last Updated: July 13, 2021
This website (the “Site”) and the information it offers (the “Content”), e-commerce and other services (the “Services”) and products it offers (the “Products”) are owned, operated and provided by Myterra Labs Inc. (“Myterra”, “we”, “our” and “us”, including, where applicable, any affiliate of Myterra).
These Terms and Conditions are a binding agreement that applies to use of the Site, including reviewing Content, buying Products and using the Services and are governed by the law applicable to consumer protection, personal information protection, contracts and other laws (the “Applicable Law”). In the case of the sale of Products there may be additional terms that apply that will be set forth in the order forms and purchase information provided on check out. These additional terms are hereby incorporated into these Terms and Conditions.
Access is Agreement to these Terms and Conditions: These Terms and Conditions are a binding agreement between you and Myterra. These Terms and Conditions apply to your access to and use of the Site, including any review of the Content and use of the Services. These Terms and Conditions include disclaimers, exempt Myterra and other persons from liability, indemnify Myterra and other persons, and include other important provisions. You must read these Terms and Conditions and any information linked to or otherwise referenced in these Terms and Conditions, and accept these Terms and Conditions, before using the Site.
YOUR ACCESS TO OR OTHER USE OF THE SITE, ANY CREATION OF AN ACCOUNT, ANY LOGIN TO YOUR ACCOUNT, ANY PURCHASE OF A PRODUCT AS A GUEST OR ACCOUNT HOLDER CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE IN ANY WAY, INCLUDING REVIEWING ANY CONTENT OR BUYING ANY PRODUCTS OR SERVICES.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS PLEASE CONTACT [NTD].
Updates to the Terms and Conditions: Myterra may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Site after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions will be posted on the Site home page sixty days prior to the change. Where required by Applicable Law as defined below in these Terms and Conditions, you will be notified by email or other method at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Using the Site: You may view and print Content from the Site for personal, informational, and non-commercial use. You may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any Content without Myterra’s express written consent. Without limiting the generality of the foregoing, you may not use the Site, the Services, the Products or any Content for commercial purposes without Myterra’s express written consent.
User ID: Your unique user name and password are, collectively, your (“User ID”). Your User ID is the key to your personal account (“Account”). You are responsible for maintaining the confidentiality of your Account, including your User ID. Use a user name that is different from any known user names you have on social media or other public websites. Use unique numbers, letters and special characters in your password. Do not disclose your User ID to anyone or share your User ID with anyone. If you lose control of your User ID, you may lose control over your personal information and may be subject to legally binding actions taken on your behalf and associated liability. Therefore, if your User ID has been compromised for any reason, you should immediately notify us at firstname.lastname@example.org and change your password.
Account: You do not need to create an Account to make a purchase of Products or Services. If you do elect to create an Account in the course of being granted access to your Account, you will be required to create a User ID. Your User ID identifies and associates you with your Account and is required for you to login to your account. With your User ID, you may log in to your account and purchase Products and Services. You agree to: (a) immediately notify Myterra by email at email@example.com of any unauthorized use of your Account or any other breach of security, or any suspicion of such authorized use of your Account, and to identify your user name in the email, and (b) ensure that you log out from your Account at the end of each session. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES PERFORMED USING YOUR ACCOUNT AND THAT MYTERRA HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS WHILE ACCESSING THE SERVICES, PURCHASING PRODUCTS OR OTHERWISE ACCESSING YOUR ACCOUNT.
Prohibited Use of the Products and Services: You agree not to make any unlawful use of the Products or Services. In particular, but without limiting the generality of the foregoing, you acknowledge that the Products and Services are provided solely for your personal use.
Account Status: You agree that we may refuse, cancel or terminate any Account, or refuse to sell Products and Services to you at any time and without notice if, at our discretion we determine that you have failed to comply with these Terms and Conditions, or you are otherwise ineligible use this Site for any reason. YOU AGREE THAT MYTERRA HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED ACCOUNT.
Sale of Products: Myterra reserves the right, in its discretion, to cancel or refuse orders for failure to comply with Applicable Law, including if we believe that you have made a false or fraudulent order that is or appears to be inconsistent in any way with Applicable Law, and to inform the relevant authorities in accordance with Applicable Law. All sales are subject to availability, which may in some circumstances change during checkout, payment and confirmation processes associated with a given order. Myterra may, in its discretion, limit or cancel the quantities offered on the Site or limit sales of the products and Services to any person, household, geographic region or jurisdiction.
Prices: Unless otherwise stated, all prices are in Canadian Dollars. Prices for all Products and Services are indicated on the Site and are subject to change without notice. Where a price is inconsistent as between publicly-accessible portions of the Site and portions of the Site available only by logging in to an Account, the price as indicated on the portion of the Site available only by logging in to an Account is the correct price. Applicable sales taxes and shipping fees will be added prior to purchase as indicated in the details that will be provided during confirmation of a purchase. You are responsible for paying all costs, fees and applicable taxes for services at the time of the transaction with a valid payment method. If your payment method fails, or your Account otherwise becomes past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel for accounts over 180 days past due.
Payment: Payments are securely processed using a third party payment processor. When you complete your payment you will be transferred to the third party processor’s website and their terms and conditions will apply.
Refunds & Credits: Myterra stands behind the quality of the Products and Services. If you are unsatisfied for any reason, please contact us at firstname.lastname@example.org to address your concerns. Myterra may, at its discretion, offer credit for future purchases.
Prohibited Use of the Site: You may not use the Site or any content for any unlawful purpose or any unsafe purpose. Without limiting the generality of the foregoing, while accessing or using the Site, including reviewing content or using the services, you agree that you will not:
Without limiting other recourse, including but not limited to any remedy available under applicable law, we may limit, delay, suspend or terminate any access to the Site, content, Account, access to services or services, linked websites, or take technical and legal steps to keep users off the Site if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of Myterra or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of Myterra Group (as defined below), or any other person. Without limiting the generality of the foregoing, we may, in appropriate circumstances and at our discretion, suspend or terminate access, or modify or discontinue the Site, services, at our discretion.
No Spam, Spyware or Spoofing: Myterra takes compliance with Applicable Law pertaining to commercial electronic messages, including but not limited to Canadian Anti-Spam Legislation (“CASL”), very seriously. We will not send you commercial electronic messages without consent as set forth in CASL. For example, you may choose to receive a newsletter or other commercial electronic messages from Myterra on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Site more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any Applicable Law.
Accuracy of Site Content: All Content is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site and the Content are regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. Myterra assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms and Conditions, Myterra does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by Myterra or by any third party, which appears on the Site. Subject to the foregoing, Myterra works to keep the Site updated and working properly. Please report any perceived problems, perceived offensive or inappropriate Content, and any perceived policy violations to us by email at email@example.com.
Content and Intellectual Property Rights: The Site and all Content, including these Terms and Conditions are © 2021 Myterra, its suppliers or affiliates. All rights reserved. The copyright for the Site and all Content is owned by or licensed to Myterra and is protected under Applicable Law including the Copyright Act (Canada), common law rights, and by other copyright laws in other jurisdictions. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Myterra, other than as expressly provided for in these Terms and Conditions. Nothing on the Site shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of Myterra or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, or by common law, including any rights in copyright, goodwill, trademark, branding, trade secret, or confidential information (collectively, “Intellectual Property Rights”).
Trademarks: Without limiting the generality of the foregoing, the Product names, company names and logos of Myterra, any affiliate or any third party used on the Site may be trademarks, including registered trademarks of Myterra. Such trademarks, Product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of Myterra or any owners or other relevant parties as applicable relating to the trademarks, Product names, company names or logos.
Reservation of Rights: Without limiting the generality of the foregoing Myterra’s methods and processes may be subject to rights, including Intellectual Property Rights, of Myterra or a third party. Myterra and any applicable third parties reserve all such rights.
Confidentiality: Electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose Myterra to any liability for damages you may suffer as a result of communicating with Myterra by electronic communications or if Myterra communicates such information to you at your request.
Outbound Links: The Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you and as a Service, and not as an endorsement by Myterra of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. Myterra makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
Inbound Links: You agree not to link to the Site in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, Myterra generally agrees with linking to the Site through a link, including a plain text link or logo link, without an additional written agreement between yourself and Myterra. Notwithstanding the foregoing, Myterra reserves the right to require that you remove any link from a website owned, operated, posted on or otherwise used by you to publish a reference to the Site through a link, at Myterra’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Site, Myterra, or Myterra Group (as defined below in these Terms and Conditions).
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
THIS SITE MAY CONTAIN CERTAIN INFORMATION THAT IS FORWARD-LOOKING AND IS SUBJECT TO IMPORTANT RISKS AND UNCERTAINTIES. THE WORDS "ANTICIPATE", "EXPECT", "BELIEVE", "MAY", "SHOULD", "ESTIMATE", "PROJECT", "OUTLOOK", "FORECAST" OR OTHER SIMILAR WORDS ARE USED TO IDENTIFY SUCH FORWARD-LOOKING INFORMATION. FORWARD-LOOKING STATEMENTS IN THIS SITE ARE INTENDED TO PROVIDE MYTERRA SECURITY HOLDERS AND POTENTIAL INVESTORS WITH INFORMATION REGARDING MYTERRA AND ITS SUBSIDIARIES, INCLUDING MANAGEMENT'S ASSESSMENT OF MYTERRA'S FINANCIAL AND OPERATIONS PLANS AND OUTLOOK. FORWARD-LOOKING STATEMENTS IN THE INVESTOR RELATIONS MATERIALS ON THIS SITE MAY INCLUDE, AMONG OTHERS, STATEMENTS REGARDING THE ANTICIPATED BUSINESS PROSPECTS AND FINANCIAL PERFORMANCE OF MYTERRA AND ITS SUBSIDIARIES, EXPECTATIONS OR PROJECTIONS ABOUT THE FUTURE, AND STRATEGIES AND GOALS FOR GROWTH AND EXPANSION. ALL FORWARD-LOOKING STATEMENTS REFLECT MYTERRA'S BELIEFS AND ASSUMPTIONS BASED ON INFORMATION AVAILABLE AT THE TIME THE STATEMENTS WERE MADE. ACTUAL RESULTS OR EVENTS MAY DIFFER FROM THOSE PREDICTED IN THESE FORWARD-LOOKING STATEMENTS. FACTORS THAT COULD CAUSE ACTUAL RESULTS OR EVENTS TO DIFFER MATERIALLY FROM CURRENT EXPECTATIONS INCLUDE, AMONG OTHERS, THE ABILITY OF MYTERRA TO SUCCESSFULLY IMPLEMENT ITS STRATEGIC INITIATIVES AND WHETHER SUCH STRATEGIC INITIATIVES WILL YIELD THE EXPECTED BENEFITS, BY ITS NATURE, FORWARD LOOKING INFORMATION IS SUBJECT TO VARIOUS RISKS AND UNCERTAINTIES, WHICH COULD CAUSE MYTERRA'S ACTUAL RESULTS AND EXPERIENCE TO DIFFER MATERIALLY FROM THE ANTICIPATED RESULTS OR EXPECTATIONS EXPRESSED. READERS ARE CAUTIONED TO NOT PLACE UNDUE RELIANCE ON THIS FORWARD LOOKING INFORMATION, WHICH IS GIVEN AS OF THE DATE IT IS EXPRESSED IN THIS SITE OR OTHERWISE, AND TO NOT USE FUTURE-ORIENTED INFORMATION OR FINANCIAL OUTLOOKS FOR ANYTHING OTHER THAN THEIR INTENDED PURPOSE. MYTERRA UNDERTAKES NO OBLIGATION TO UPDATE PUBLICLY OR REVISE ANY FORWARD-LOOKING INFORMATION, WHETHER AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE, EXCEPT AS REQUIRED BY LAW.
MYTERRA GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO MYTERRA, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO MYTERRA AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF MYTERRA LABS INC., OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “MYTERRA GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SITE, AND THE CONTENT ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY MYTERRA GROUP, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYTERRA GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. MYTERRA GROUP MAKES NO WARRANTY THAT THE SITE, OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYTERRA GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE, THE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO STATEMENTS BY MYTERRA GROUP OR ANY PERSON ON THE SITE SHALL BE INTERPRETED AS A STATEMENT THAT ANY PRODUCT IS A THERAPEUTIC PRODUCT AS DEFINED IN THE FOOD AND DRUGS ACT (CANADA).
DISCLAIMER OF MYTERRA GROUP COMMUNICATIONS: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR OTHERWISE FROM MYTERRA GROUP CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF THIRD PARTY STATEMENTS: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, THE CONTENT. YOU UNDERSTAND THAT MYTERRA GROUP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE SITE, THE CONTENT OR MYTERRA GROUP.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYTERRA GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH
(A) YOUR USE OR APPLICATION OF THE SITE, THE CONTENT, THE PRODUCTS OR THE SERVICES;
(B) YOUR INABILITY TO USE OR APPLY THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES;
(C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE, WHETHER IN CONNECTION WITH THE PRODUCTS, SERVICES OR OTHER ASPECTS OF THE SITE;
(D) WITH THE SELECTION, ADOPTION OR IMPLEMENTATION OF ANY PARTICULAR COURSE OF TREATMENT FOR ANY ILLNESS OR CONDITION;
(E) ANY MISUSE OF THE SITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS;
(F) ANY MISUSE OF AN ACCOUNT, USER ID INCLUDING BY COMMUNICATION OF A USER ID OR OTHER INFORMATION, INCLUDING REGISTRATION INFORMATION, SUCH MISUSE INCLUDING USE OF A USER ID BY AN INDIVIDUAL OTHER THAN BY AN ACCOUNT HOLDER;
(G) THIS ITEM (G) DOES NOT APPLY TO CONSUMERS IN QUÉBEC: YOUR USE OR APPLICATION OF THE PRODUCTS OR SERVICES;
(H) THIS ITEM (H) DOES NOT APPLY TO CONSUMERS IN QUÉBEC: YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE, IN CONNECTION WITH THE PRODUCTS OR SERVICES; OR
(I) ANY OTHER MATTER RELATED TO THE SITE.
IF YOU CHOOSE TO USE THE SITE, THE CONTENT, THE PRODUCTS, OR THE SERVICES, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM MYTERRA GROUP.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY MYTERRA GROUP OR IN THE CONTENT WHETHER OR NOT MYTERRA GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) MYTERRA GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
INDEMNITY: YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD MYTERRA GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE SITE, OR THE CONTENT. NOTWITHSTANDING THIS INDEMNITY, MYTERRA GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF MYTERRA’S SELECTION AT MYTERRA GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES: FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE SITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT MYTERRA’S DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.
ACKNOWLEDGEMENT: THE PARTIES TO THESE TERMS AND CONDITIONS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
LIMITATION ON QUANTUM: THE FOLLOWING CLAUSE IS NOT APPLICABLE TO CONSUMERS IN QUÉBEC: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, TO A MAXIMUM OF $200.
RESERVATION: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
Notices: Except as expressly stated otherwise, providing an email address or other information to Myterra constitutes your consent to receive any legal notices required by Applicable law at the an email address or other contact information you provide to Myterra. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by Myterra, unless Myterra is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to Myterra. In such case, notice shall be deemed given three days after the notice is sent in the mail by Myterra.
Law and Forum for Legal Disputes: For users in Québec: These Terms and Conditions will be interpreted in accordance with the laws of the Québec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that to the extent any claim or dispute you may have against Myterra is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Québec. You agree to submit to the personal jurisdiction of the courts located within Québec for the purpose of litigating all such claims or disputes. For users outside of Québec: These Terms and Conditions shall be governed in all respects by the laws of Alberta and the applicable federal laws of Canada, without regard to conflict of law provisions. You agree that to the extent any claim or dispute you may have against Myterra is resolved in Court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Alberta. You agree to submit to the personal jurisdiction of the courts located within Ontario for the purpose of litigating all such claims or disputes.
Additional Terms and Conditions: When using a Service, buying a Product, reviewing Content or otherwise accessing the Site, you are subject to any posted policies or rules applicable both to any Service you use or Product you buy through the Site, and to the Site more broadly, which are available on the applicable portion of the Site or may be presented when you use or apply for the Product or Service, in the case of payment our third party payment processor will have its own set of terms you should review. Subject to any such additional policies or rules, these Terms and Conditions constitute the entire agreement between you and Myterra with respect to the Site, the Content, the Products, Services and any information obtained through the Site by communication with Myterra personnel.
Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Site. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that Myterra has the right, in its discretion, to terminate or suspend your access to the Site or to limit or deny your access to or participation in any Content offered by Myterra at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of Myterra, interfere with any other person’s access to or use of the Site, or if Myterra decides in its discretion for any reason whatsoever that access to the Site by any person, access to Content by any person, including use of any Service or purchase of any Product, is otherwise detrimental to the Site, Myterra or Myterra Group more broadly, or Myterra’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact Myterra with details. Myterra may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. Myterra does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with Myterra.
Interpretation: In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
General: You can communicate with Myterra by email as indicated in these Terms and Conditions. You can communicate with Myterra by mail at PO Box 284, Langley, BC, V2Y 0W9. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
Language: You and Myterra have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to Applicable Law, any non-English translation of these Terms and Conditions provided by Myterra is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact Myterra’s Administration Officer by email at firstname.lastname@example.org or by mail at the address above with attention to the Administration Officer.