TERMS AND CONDITIONS OF USE
By using the website www.herbdispenser.com (the “Website”), including, but not limited to, by making purchases, ordering products, reviewing past orders and accounts, and/or creating, revising, managing and/or reviewing patient records, you are agreeing to the terms and conditions within this policy and all ancillary policies.
We, being 1591659 Ontario Corp. o/a Herb Dispenser (“Herb Dispenser”), may from time to time review and revise this policy. The revised policy will be effective and binding on you at the time it is posted on the Website.
1. Ownership and Content
You acknowledge that any and all information and/or content displayed on or in relation to the Website, including the manner in which the content is presented, is our property.
In order to make a payment through the Website, you agree to our Payment and Order Policy.
4. Practitioners and Patients
To be considered a Practitioner, all individuals must apply for practitioner user status through the Website, by providing us with all requisite information. We reserve the right to deny anyone practitioner user status for any reason whatsoever, in our sole discretion.
All patient users must be associated with a practitioner user. If you are a patient user you must be associated with one and only one practitioner user. The patient user must have a prescription from the practitioner user in order for the patient user to order through the Website.
In the case that a patient user changes practitioners, the new practitioner must create a new record for the patient user.
All amounts owing to practitioner users pursuant to the Website may be tracked through the Website. Practitioner users who believe there is an error with respect to their amounts owing must contact us via e-mail at mail at support at herbdispenser.com
5. Linked Sites
The Website may contain links to other websites. We do not assume responsibility for the accuracy or appropriateness of the content contained on those websites. You enter those sites at your own risk. A link to those websites should not be construed to mean that we are affiliated or associated in any way or that we endorse or recommend those websites.
You are subject to the following disclaimers:
Knowledge and Experience of Practitioner Users
All practitioner users represent and warrant to us that you have sufficient experience and knowledge to make informed decisions to order through the Website, whether the order is a catalogue item or a custom item. You expressly acknowledge that you are making all of your own decisions in connection with all orders and that we are not making any recommendation with respect to such orders or with respect to their use. All patient users expressly acknowledge that we do not provide any recommendation with respect to the use of the order relating to you and that you and/or your practitioner have solely been involved in the process of ordering various items for your use.
Possible system failure
All orders placed through the order entry system are taken on a best efforts basis. We are not be responsible for errors, negligence or inability to execute orders. Nor are we responsible for any delays in the transmission, delivery or execution of customer’s order due to breakdown or failure of transmission or communication facilities, or to any other cause or causes beyond our reasonable control or anticipation.
Order entry systems have been designed to provide an efficient and dependable method for entering orders. Commercial internet service providers are not 100% reliable and a failure by one or more of these providers may affect internet based order entry. The customer acknowledges that the order entry system is a mechanical system and as such may be subject to failure beyond our control.
You shall indemnify and hold harmless the Website and the Herbal Dispenser and its affiliates, directors, officers and shareholders from and against any and all costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, that you may incur as a result of, or in connection with, (a) any breach of any representation or warranty made by you to us; (b) your failure to comply with any of our policies; (c) your use and/or actions in relation to the Website and/or our services; and (d) the fitness of any product or order received through the Website.
8. Default; Rights and Remedies
Upon any failure by you to comply with your obligations to us, we shall have all of the rights and the remedies available to us, whether at law, in equity or otherwise, including, without limitation, rights and remedies under this Agreement and/or any policy adopted by us. Without limiting our rights and our remedies, we may turn your account over to a collection agency or a lawyer for collection. No delay or failure on the part of us in exercising any right or any remedy shall operate as a waiver of that right or that remedy and no single or partial exercise by us of any right or any remedy shall preclude other or further exercise of that right or that remedy or the exercise of any other right or any other remedy.
In addition to the other rights and the other remedies available to us, in the event of any failure by you to comply with this policy and/or any of the ancillary policies, we may charge the credit card which you have provided us including, without limitation, any and all costs created by your order, cancellation fees, restocking costs and shipping and handling costs. You expressly authorize us to charge your credit card for all of such amounts.
9. Limitation of Liability
You are subject to the limitations of liability contained in this policy and all ancillary policies adopted by us. In the event that, notwithstanding such limitations of liability, we are determined to be liable to you in connection with any transaction between us and you pursuant to this policy and/or the ancillary policies, our liability to you shall be limited to the greater of (a) the amount, if any, that you paid in such transaction or (b) $100. We are not, in any event, liable for any consequential, exemplary or indirect damages.
10. Absence of Relationship
The sole relationship between you and us is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between us exists.
11. Governing Law
These Terms and Conditions of use, all ancillary policies and the use of the Website and our products and services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You irrevocably agree to the exclusive jurisdiction of the courts of Ontario for the resolution of disputes between us relating to this Agreement.
12. Headings and Extended Meanings
The headings appearing in this agreement are for convenience only and shall not in any manner affect the interpretation hereof. Words importing the singular number include the plural and vice versa and words importing gender include all genders.
13. Entire Agreement and Survival
These Terms and Conditions of use and all ancillary policies constitute the entire agreement between the parties with respect to the subject matter hereof. These Terms and Conditions of use and the ancillary policies are intended to be enforceable to the fullest extent permitted by applicable law. If any term of the same are held to be unenforceable for any reason, such unenforceability shall not affect the other terms of the same and the term that would otherwise be unenforceable shall be enforced to the fullest extent that it would be enforceable.
We reserve the right to assign any or all of our rights and obligations hereunder as we, in our sole discretion, determined appropriate or necessary, without the consent of you. This policy and all ancillary policies shall be binding on all permitted assigns and successors of us and you.
Our failure to exercise any of our rights upon a breach of any of the provisions of these Terms and Conditions of use or any of the ancillary policies shall not be deemed a waiver as to any subsequent breach.
16. Costs and Expenses Related to Collection
In the event that we must take any action against you to enforce your obligations under these Terms and Conditions of use and/or any ancillary policies, including, without limitation, turning your account over to a collection agency or a lawyer for collection, you shall pay all of the costs and the expenses incurred by us, including, without limitation, reasonable attorneys’ fees, in connection with such action.
17. Further Assurances
You covenant and agree that you and your successors and permitted assigns will sign further agreements, assurances, papers and documents, and documents and generally do and perform or cause to be done and performed such further and other acts and things that may be necessary or desirable by us from time to time in order to give full effect to this Agreement, the ancillary policies and every part hereof.
18. Force Majeure
If we cannot perform any obligation hereunder as a result of any event that is beyond our control, our delay or failure to perform such obligation shall be excused and we shall not be liable for any damages as a result of, or in connection with, such delay or such failure.
If you have any questions or concerns relating to the Terms and Conditions or to any of its ancillary policies, please contact us via e-mail at mail atsupport at herbdispenser.com.
These Terms and Conditions of Use are subject to all applicable Canadian laws and regulations.