Terms of Use
TERMS AND CONDITIONS OF USE
Please read this Website Use Agreement (“this Agreement”) carefully. This Agreement is between you and the Health Palace Inc. (“Health Palace”) and governs your use of the Health Palace website (“this Site”), currently at www.healthpalace.ca, including the services that are provided through this Site. By accessing, browsing and/ or using this web site you acknowledge that you have read, understood, the following terms and conditions of this agreement and you accept unconditionally these terms and conditions that govern the use of this web site. IF YOU ARE NO AGREE TO ALL THESE TERMS AND CONDITONS, DO NOT USE THIS WEB SITE.
USE OF THIS SITE
Your access to and use of this Site is subject to the following terms and conditions and all applicable laws and regulations that apply to this Site, to the Internet and/or to the World Wide Web. Your accessing and browsing of this Site constitutes acceptance of these terms and conditions without reservation, limitation or qualification, and acknowledges that any other agreements between you and Health Palace, are superseded and of no force or effect.
Health Palace manages this Site from its offices within Canada. Health Palace makes no representation that this Site or its content (including, without limitation, any products or services available on or/ through this Site) are appropriate or available for use in other countries. When you access this Site from outside Canada, you must accept all responsibility for compliance with local laws, if applicable. This Site is intended to be read in English. Any translation of this Site may be imprecise and inaccurate in whole or in part. The translation process used on this Site is an automated/computerized service provided by Google and is provided as a convenience to the users of Health Palace website. Any use or reliance on such translation is at your own risk, liability, and responsibility. Health Palace assumes no liability or responsibility for any errors, omission or ambiguities in the content translated in this Site. In no event, Health Palace is liable for any damages whatsoever arising out of your use of the translation of this site or the content thereof, including direct, indirect, incidental, consequential or punitive damages.
These terms and conditions are subject to changes at any time, and it is your responsibility to keep apprised of such changes. Any such changes shall be effective immediately upon posting to this Site. Your continued access and/or use of this Site constitute your continuing acceptance of these terms and conditions without reservation, limitation, or qualification.
Health Palace neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with Health Palace.
Health Palace's web site may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Health Palace and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of Health Palace and/or other parties is granted to or conferred upon you.
The Information posted by this Site is believed to be accurate when posted, but is not warranted or represented in any way to be so. Health Palace's Site information may contain technical inaccuracies or typographical errors. Health Palace reserves the right to make changes, corrections and/or improvements to Health Palace Information, and to the product and programs described in such Information, at any time without notice. ANY USE OR RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. Health Palace assumes no liability or responsibility for any errors or omissions in the content of the Site. In particular, Health Palace will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on the Site. ALL HEALTH PALACE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Health Palace makes no representation or warranties of any kind, express or implied, with respect to this web site or its contents, including without limitation the products, information or services offered or sold on or through this Site. Health Palace does not warrant the accuracy, completeness, updated, and reliability of the information, materials or services provided on or through this Site. Health Palace does not warranties the satisfaction of government regulations requiring disclosure of information concerning products or services offered on this Site.
Health Palace hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of this Site are for informational purposes only. Information contained on this Site, and reference to resource material is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. No warranty is made or given that any Information on or linked to this Site is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published.
The Information contained in this Site, or obtained as a consequence of using this Site is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Any user should always seek the advice of their physician, pharmacist, or other qualified health care practitioner prior to commencing any treatment for any conditions, diseases or maladies, and questions in relation to such treatment should be directed to such professional health care providers. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE FROM YOUR HEALTHCARE PROFESSIONAL OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF INFORMATION OBTAINED FROM THIS SITE. The information available on or through this Site, including, but not limited to, information that may be provided on by healthcare or nutrition professionals employed by or contracting with Health Palace, should not use for diagnosing or treating a health problem or disease, or prescribing any medication. It is at your own risk reliance on any Information provided on this Site or provided by Health Palace employees or others appearing on this Site at the invitation of Health Palace.
You should speak with your doctor or your healthcare professional, and carefully read all information provided by the manufacturer of a product on or in any product label or packaging, before taking any dietary, nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. This Site does not recommend the auto prescription in any time. You should consult your doctor or other Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements. Information and statements regarding dietary supplements not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all products packaging prior to use.
This Site may contain content from third party sources. Health Palace does not necessarily endorse any third party products, views or information presented on this Site and such information or content may not reflect the opinions, recommendations or practices of Health Palace.
PRODUCT INFORMATION, DESCRIPTION, INGREDIENT AND PICTURE
Actual product packaging and materials may contain more and different information than what is shown on our website. We suggest that you do not rely only on the information presented and that you always read labels, warnings, and directions before using or consuming a product. Please see full disclaimer below.
Disclaimer: We do work to ensure that product information is correct; however, occasionally manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our website. We stongly suggest that you do not rely only on the information presented and that you always read and follow labels, warnings, and directions before using or consuming a product. This product may not be right for you. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. HealthPalace.ca assumes no liability for inaccuracies or misstatements about products.
TRADEMARKS AND COPYRIGHT
Everything you see or read on this Site is copyrighted, including design, page headers, button icons, graphics, images, text and arrangement thereof, and software used in this Site, and all intellectual property rights therein, including all copyright and trademark rights, are property of Health Palace, its licensors or others, as the case may be. Nothing from this Site may be used by you except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of Health Palace. Health Palace neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with Health Palace.
Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this Site without the written permission of Health Palace or any third party that may own any such item displayed on the Site. Your use of any of the trademarks, logos, service marks, designs and other intellectual property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these Terms and Conditions.
EQUIPMENT
You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.
SUBMISSIONS
Any communication or material you transmit to Health Palace or through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Submissions”), is and will be treated as royalty-free, non-confidential and non-proprietary.
Any Submissions you transmit or post become the property of Health Palace, its affiliates and assigns, and may be used, subject to our Privacy Policy in connection with any personal information that may be included in the Submission, for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other uses in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at Health Palace’ discretion. Health Palace is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. In that regard, by transmitting any Submission to Health Palace, you will be deemed for all purposes to have assigned and transferred to Health Palace all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral and/or personal rights in and to the Submission, and you acknowledge and agree that any act that is required to send a Submission will be deemed for all purposes to be your electronic signature to these terms and conditions.
Any Submissions that you transmit, or post constitutes your warranty that such content is not subject to any third party copyright or any other proprietary rights and that you have full capacity and authority to make such submission.
Without limiting the generality of section above, you agree to sign and deliver to Health Palace on demand all further documents and assurances that Health Palace may request in connection with the assignments, transfers, releases and waivers contemplated by that section.
Although Health Palace may from time to time monitor or review discussions, chats, postings, transmission, bulletin boards, and the like on the Site, Health Palace is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site.
Health Palace is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site, and Health Palace will have the right (but not the obligation) to remove from any such forum or news group anything which it sees fit to remove for any reason. You must not submit or otherwise publish through this Site or through any available forums or news groups anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services. Health Palace will fully cooperate with any law enforcement authorities or court order requesting or directing Health Palace to disclose the identity of anyone posting any such information or materials.
SOCIAL MEDIA
Health Palace maintains and interacts with various Social Media sites. These social media sites include but are not limited to various blogs, bulletin boards, networks, multi-media and news media sites or other user generated content sites (“Health Palace Social Media Sites”). By accessing, viewing and/or posting any content to any Health Palace Social Media Site on the internet, you accept, without limitation or qualification, the complete terms of use for those sites.
You agree that you are at least 18 years old and will not: violate any local, state, federal and international laws and regulations, transmit any material that is unlawful, disruptive, threatening, profane, abusive, or otherwise objectionable, transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
Health Palace is not responsible for the comments and postings therein and reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Social Media Site, at any time, without notice and for any reason and in its sole discretion.
PERSONAL INFORMATION PRIVACY
Health Palace collects, uses and discloses personal information in accordance with its Privacy Policy. Health Palace may modify its Privacy Policy from time to time in its sole discretion. Every time you use this Site, you consent that Health Palace collects, uses and disclosures of your personal information in accordance with its Privacy Policy, in effect then.
Unless encrypted, information sent or received over the Internet is insecure and Health Palace cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Health Palace will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to Health Palace through this Site.
ADVERTISING CONTENT
The ads posted on this Site may include inaccuracies or errors. Health Palace does not under any circumstances accepts responsibility for the accuracy or otherwise of any ads or messages in this Site, nor is any kind of warranty provided, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of a third party's rights of any kind. We are not responsible for any loss or damage that might be incurred by you as a result of your use of this Site or any advertisers or other third parties linked to this Site.
We specifically disclaim any and all liability to you and advertisers on this Site of any kind, for loss or damage of any nature, whatsoever and howsoever arising, whether due to inaccuracy, error, omission or any other cause, whether on the part of us, or our employees or agents, or any other person, due to your or their use of the ads, the information contained therein, or any other information available on this Site.
You are advised to review the ads and message details carefully before entering into any agreement of any kind with, or before disclosing any personal information to the advertisers on this Site. If you are in doubt, you should obtain legal advice before proceeding.
LIMITATION OF LIABILITY AND INDEMNITY
Your use of and browsing of this Site are undertaken at your own risk. Neither Health Palace, any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Site or any consequences flowing therefrom, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of, or browsing of this Site or your downloading of any materials, data, text, images, video or audio from this Site.
Without limiting the generality of the previous section, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in your jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in your jurisdiction.
In no event will Health Palace or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
In the event of any problem with this Site or any content, you agree that your sole remedy is to cease using this web site. In the event of any problem with the products or services that you have purchased on or through this web site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.
You agree to indemnify and save Health Palace, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, loss, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this Site or any site to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or (c) your violation of any law or regulation. This indemnity survives termination of these Terms and Conditions.
Your sole remedy for dissatisfaction with this Site, Site-related services or products, content or information contained herein or on any hyperlinked website is to stop using this Site, Site-related services or products, content, information or hyperlinked Site.
LINKED SITES
Because Health Palace has no control over and does not endorse any of the sites to which this Site is linked and because Health Palace has not reviewed any or all of the sites to which this Site is linked, you acknowledge that Health Palace is not responsible for the content of any off-site pages or any other sites linked to this Site. Health Palace reserves the right to terminate any link or linking program at any time and the linking of any site to or through this Site does not imply any endorsement by Health Palace of the companies, products or information offered described or otherwise made available on or through such linked sites. By making use of any such links, you understand that the legal statement and privacy policy of the linked site will apply and which may be different from those of Health Palace. Health Palace accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policy of third parties. If you decide to access any site linked through or to this Site, you do so entirely at your own risk.
Framing of this Site by sites or site elements of parties not part of the Health Palace is not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of Health Palace is equally prohibited.
ORDERS ON-LINE
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Health Palace may revise and discontinue products at any time and are not responsible for typographical errors or misprints. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Health Palace makes all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, provincial (state), federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
When you order through this website, Health Palace reserves the right, at its own sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, provincial, national, federal, or international regulations; or problems identified by our credit and fraud avoidance group. Health Palace may also require additional verifications or information before accepting any order. Health Palace will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, Health Palace will issue a credit to your credit card in the amount of the charge.
Health Palace strictly follows all provincial and federal regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within Canada. IF YOU ARE LOCATED OUTSIDE OF CANADA AND ORDER ANY PRODUCTS, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. All other terms and conditions regarding the order, including any return or exchange policy, will be set out in the invoice or other documentation sent with your order.
Prices displayed on this Site (“Prices”) are in Canadian dollars (“Cad”); other currencies are only as reference to facilitate you the use of this site. It is your responsibility to speak to your credit card issuer to find out the exchange rate used by your method of payment.
Prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and provincial, state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. ALL PRICING DOES NOT INCLUDE DUTIES, INSURANCE COSTS, TARIFFS, OR VALUE-ADDED TAXES. IF ASSESSED, THESE CHARGES ARE THE RESPONSIBILITY OF THE RECIPIENT.
In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Health Palace shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, Health Palace will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Terms of payment are within Health Palace's sole discretion, and unless otherwise agreed to by Health Palace, payment must be received by Health Palace prior to Health Palace's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Health Palace. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Health Palace may invoice parts of an order separately. Orders are not binding upon Health Palace, until accepted by Health Palace. Any quotations given by Health Palace will be valid for the period stated on the quotation. You agree to pay interest on all past-due sums at the highest rate allowed by law.
When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Our practice is to confirm orders by e-mail; nevertheless, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
All products and services purchased on or through this web site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Health Palace.
TERMINATION
This Agreement shall commence upon your accessing the Service and/or completing the registration process. You or Health Palace may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.
GOVERNING LAW
Health Palace controls this Site from within the Province of Ontario, Canada. Regardless of your place of residence, the location where you access this Site or any other consideration, you agree that this Agreement, your use of this Site and all related matters are governed by the laws of the Province of Ontario and the laws of Canada in force in there, without regard to its rules relating to conflict of laws. You also agree, that any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Health Palace, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Health Palace") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Health Palace's advertising, purchase or dispute between you and Health Palace arising from or relating to your use of this Site, shall be submit to the exclusive jurisdiction of the Courts of Ontario, Canada.
The failure of Health Palace to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by Health Palace. If any provision of these Terms and Conditions 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 our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or our Terms and Conditions must be filed within one year after such claim or cause of action arose or be forever barred.