Welcome to the Liv’Ez Wellness Company Inc. (hereinafter referred to as “Liv’Ez Co.”)’s website. Please review the terms and conditions of use carefully, as they govern your use of liveeasyco.ca (the "Site").
The following Terms & Conditions of Use are an agreement (the "Agreement") between Liv’Ez Co. and you. Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on the Site. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. You can tell when this Agreement was last modified by checking the "last updated" date that appears at the bottom of the Agreement. If you do not agree to these terms, please do not use the Sites.
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or of any service, content, feature, or product offered through the Site.
Site Contents
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled, or licensed by Liv’Ez Co., and other trademarks appearing on the Site are the trademarks of Liv’Ez Co.
The Site and the Contents are intended solely for personal, non-commercial use unless written copyright permission has been granted to you by Liv’Ez Co. or its authorized representatives. Otherwise, you may download or copy the Contents displayed on the Sites for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
User Comments, Feedback, and Other Submissions
Liv’Ez Co. is pleased to hear from users and welcomes your comments regarding our products and services. Liv’Ez Co.'s company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when products or services developed by employees and agents of Liv’Ez Co. and/or its affiliates might seem to be similar to works submitted by users.
Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews, or photographs), or without a request from us, you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Liv’Ez Co. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Liv’Ez Co. Liv’Ez Co. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Liv’Ez Co. has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Liv’Ez Co., its affiliates or other third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Liv’Ez Co. and its affiliates take no responsibility and assume no liability for any Comments posted by you or any third party.
Personal Information Submitted Through the Sites
Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the Privacy & Security Policy link here and located in the footer section of the Site (the "Privacy & Security"). This Agreement incorporates by reference the terms and conditions of Privacy & Security Policy.
Product Information
Products displayed on the Site are available in Canada. Unless otherwise indicated, prices displayed on the Site are quoted in Canadian Dollars.
Certain products have limited quantities available online through the Site, and are unavailable for purchase when quantities run out.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Shapes & Colours
We have made every effort to display as accurately as possible the shapes and colours of our products that appear at the Site. However, because all products are handmade, shapes and colours of individual products may vary slightly from item to item. We also cannot guarantee that your computer monitor's display of any colour will be accurate.
Promotions
In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games, or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall be followed.
Links to Other Web Sites and Services
The Site may contain links to other websites that are not under the control of Liv’Ez Co. or its affiliates. Neither Liv’Ez Co. nor any of its affiliates has any responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Site's users and are to be accessed at the users’ discretion.
Passwords
You are solely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorised use of your user account, or any known or suspected breach of security, including: loss, theft, or unauthorised disclosure of yours or anyone else's password. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorised use of your user account or any other breach of security known to you.
Disclaimer
The content of the Site is provided "as is" without warranties or conditions of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.
Neither Liv’Ez Co. nor any of its affiliates warrant that the Site or any function contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful components.
Liv’Ez Co. and its affiliates expressly disclaim any duty to update or revise the content of the Site, although we may modify the content at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Liv’Ez Co. and/or its affiliates shall not be liable for any damages of any kind related to your use of the Site.
Neither Liv’Ez Co. nor any of its affiliates represent or warrant that the Site, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Site’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIV’EZ CO. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.
Indemnification
You agree to defend, indemnify, and hold Liv’Ez Co. and its affiliates and each of their respective officers, directors, employees, shareholders, agents, and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, condition or other provision of the Agreement.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Liv’Ez Co. agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action, or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by First Class or Registered Mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
- to Liv’Ez Co.’s corporate counsel at: Benchmark Law Corporation, Attn: Mr. Jeff Johnson, JD, 1383 West 8th Avenue, Vancouver, BC, V6H 3W4, Canada.
- to you at: your last-used billing address or the billing and/or shipping address in your online profile.
To the maximum extent permitted by law, both you and Liv’Ez Co. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law and Jurisdiction
To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of British Columbia and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Supreme Court of British Columbia or Federal Court of Canada.
General
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Liv’Ez Co.’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
Liv’Ez Co. may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of Liv’Ez Co.’s successors, assignees, and licensees.
Termination
These terms are effective unless and until terminated by either you or Liv’Ez Co. Liv’Ez Co. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes
Choice of Language
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only.
Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
This Terms & Conditions of Use was last updated on September 14, 2020.