Terms of service
ELEMENTAL NURTURE - TERMS OF SERVICE
OVERVIEW This website is operated by Elemental Nurture. Throughout the site, the terms “we,” “us,” and “our” refer to Elemental Nurture. Elemental Nurture provides this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on an e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your province or state of residence or have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION We strive to provide accurate and up-to-date information regarding our products and services. However, we are not responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete, or timely sources of information.
Our products are designed to be beneficial and safe when used according to instructions. However, actual use is beyond our control, and it is the customer’s responsibility to determine the suitability of the products for their intended use and ensure their safe application. We are not liable for any consequences arising from the use or misuse of our products.
The statements on this website have not been evaluated by any regulatory body, including Health Canada or the FDA. Our products are not intended to diagnose, treat, cure, or prevent any diseases. Information on this site is for educational purposes only and should not be considered medical advice. Always consult a qualified healthcare professional before using our products, especially if you are pregnant, nursing, or have an existing medical condition.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part of it) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Our promotions and discounts are not retroactive, and we do not provide rain checks.
SECTION 5 - PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit sales of our products to any person, geographic region, or jurisdiction on a case-by-case basis. We also reserve the right to limit quantities of any products or services we offer. Descriptions of products or pricing are subject to change at any time without notice.
We do not warrant that the quality of any products, services, or information purchased will meet your expectations.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event of changes or cancellations, we may attempt to notify you using the contact information provided at the time of order.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
For more details, please review our Returns Policy.
SECTION 7 - THIRD-PARTY LINKS Certain content, products, and services available via our Service may include materials from third parties. We are not responsible for examining or evaluating third-party content or for any transactions made in connection with third-party websites.
SECTION 8 - PROHIBITED USES In addition to other prohibitions outlined in the Terms, you are prohibited from using the site for unlawful activities, to violate any laws, to infringe upon intellectual property rights, or to submit false or misleading information. We reserve the right to terminate your use of the Service for any prohibited use. You are prohibited from reselling our products unless with authorization from Elemental Nurture.
SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. You agree that your use of the service is at your sole risk.
In no case shall Elemental Nurture, our affiliates, employees, service providers, or licensors be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of our Service.
SECTION 10 - INDEMNIFICATION You agree to indemnify and hold harmless Elemental Nurture and its affiliates from any claims due to your breach of these Terms of Service.
SECTION 11 - TERMINATION These Terms remain effective unless terminated by either party. We may terminate this agreement at any time if you fail to comply with any term.
SECTION 17 - ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, along with any policies or operating rules posted by us on this website or in relation to the Service, form the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or concurrent agreements, communications, or proposals, whether written or oral, between you and us (including, but not limited to, any previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed against the party that drafted them.
SECTION 18 - GOVERNING LAW
These Terms of Service, as well as any separate agreements through which we provide you Services, will be governed by and construed in accordance with the laws of Canada.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can view the most current version of the Terms of Service at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Continued use of or access to our website or the Service after the posting of any changes constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
For any questions about the Terms of Service, please contact us at https://elementalnurture.ca/pages/contact.
Text Marketing & Notifications
We value your privacy and the information you consent to share regarding our SMS marketing service. We use this information to send you text notifications about your order (including abandoned checkout reminders), marketing offers, and transactional texts, such as requests for reviews.
Our website uses cookies to track items you add to your shopping cart, including when you abandon your checkout. This helps determine when to send reminder messages via SMS.
By consenting to Elemental Nurture’s SMS marketing at checkout, or by initiating a purchase or subscribing via our tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), marketing offers, and transactional messages, including requests for reviews, even if your number is registered on any provincial, state or federal do-not-call list. Message frequency may vary. Consent is not a condition of purchase.
To unsubscribe from text marketing messages, reply with STOP to any message you receive from us, or use the unsubscribe link in any of our messages. Other forms of opting out will not be accepted as valid. While we do not charge for the service, you are responsible for all charges and fees from your wireless provider. Message and data rates may apply.
For any questions, reply HELP to the number you received messages from. You can also contact us via https://elementalnurture.ca/pages/contact for more information.
We reserve the right to modify any phone number or short code used to operate the service, and you will be notified in such cases. Messages sent to outdated numbers, including STOP or HELP requests, may not be received, and we are not liable for honoring requests sent to such numbers.
To the extent allowed by applicable law, we are not liable for any failure, delay, or misdirection of delivery of information through the service, errors in such information, or actions you may take or fail to take based on such information or the Service.
Your privacy is important to us. Please review our Privacy Policy for more details on how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing Elemental Nurture's products or services, you agree that any dispute, claim, or controversy arising from: (a) these Terms, or their breach; (b) your use of Elemental Nurture’s website or services; or (c) any alleged violation of federal, provincial, or local law, shall be resolved exclusively through binding individual arbitration administered by the Canadian Arbitration Association, in accordance with its applicable rules.
Arbitration is a form of dispute resolution where disputes are submitted to a neutral third party (an arbitrator), rather than being decided in a court trial. The arbitrator will issue a written award that includes the findings of fact and law. The arbitrator cannot commit errors of law, and the award may be subject to judicial review by a competent court. Each party is responsible for their own legal fees and costs associated with the arbitration.
Class Action Waiver:
You and Elemental Nurture agree that claims will be handled individually, not as part of a class, consolidated, or representative proceeding. The arbitrator cannot consolidate claims from other parties or handle them in a class proceeding. Any disputes over the enforceability of this waiver must be determined by a court, not an arbitrator.
