Terms & Conditions
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE.
Use of this Site
All users of this site agree that access to and use of this site are subject to the following terms, conditions, disclaimer and other laws as may be applicable. This shall act as a legally binding agreement between the visitor (“you”) and the websites operated by Organika Health Products Inc.(“Organika”), located at www.organika.com and www.organika.ca (“Site” or “Sites”). If you do not agree to these terms, conditions, and disclaimer – a prerequisite requirement for use of this website – then please exit immediately.
The English text segment of this website will be considered authoritative for any discrepancies that may occur between the English and other language segments.
Although accessible by others, the Site and its contents are intended for access and use by residents of Canada only.
This Site does not provide medical advice
The content of this Site is for informational purposes only, and no warranty is made that the information is error-free. It is not intended as a substitute for advice from your physician or other healthcare practitioner. Consult your physician or other healthcare practitioner for advice. The products are not intended to diagnose, treat, cure, or prevent any disease. Reliance on any information provided on this Site or provided by Organika is solely at your own risk.
Trademarks and Copyright
This Site contains the trademarks of Organika and all rights in respect of all of such trademarks are reserved and protected by domestic and international copyright, trademark and other laws. Contents of this Site are copyrighted and shall not be used or reproduced in any way, whether in text, image or other communication format. You may not distribute, modify, transmit, reuse, repost or use any Site Content for public or commercial purposes, without the express written permission of Organika.
Unless encrypted, Information transmitted over the internet is insecure and Organika does not make any representation or warranty regarding the confidentiality of Information so transmitted.
Furthermore, Organika is not responsible for any Information posted in any websites accessible though this Site.
Within the Site, there may be links to external websites that are not under the control of Organika. Access to any other site linked to this Site is at your own risk. We assume no responsibility to you to choose to visit a third party website – we do not confirm the accuracy of their information, we do not assess the potential for contraventions to your local laws, nor do we endorse or evaluate for the appropriateness of comments, statements or views that you may encounter when visiting their website. Links to these sites do not imply endorsement of, or responsibility for any of the content, quality, nature or accuracy.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Organika, and is protected to the full extent allowed by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Without expressed, written consent, no part of this Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution. The data and information present on this Site are exclusively for your personal, private, and non-commercial use. Organika reserves the right to take such steps as it deems necessary, including litigation, to restrain the unauthorized use of this Site and/or its Contents.
SMS/MMS Mobile Message Marketing Program
- User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Organika and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of Organika’s store, new products and other updates. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
- Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
- Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in the Province of British Columbia before one arbitrator.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Sites or otherwise disclosed, submitted or offered in connection with your use of the Sites shall be and remain Organika’s property. Organika will own the rights, titles and interests, and not be limited in its use, commercial or otherwise.
Users agree that no comments, quote requests or testimonials submitted to the web site will violate any right of any third party, including copyright, trademark, privacy or other rights. You agree not to submit material containing any libelous or otherwise unlawful, obscene or abusive material. You are solely responsible for the material you submit or any comments you make. We reserve the right to remove material that is against these terms, is unhelpful, unsubstantiated or otherwise unsuitable.
Disclaimer and Limitation of Liability
We do not make any representations or warranties, express or implied, statutory or otherwise, with respect to the Site, its Content, Organika’s products, Organika’s services, information or other materials provided by Organika in connection with the use of the Site, including without limitation no representations or warranties of merchantability, suitability, fitness for a particular purpose or otherwise. The information in the Sites may also contain errors or technical inaccuracies. Information may be updated, removed or changed at any time, without notice. Organika is not responsible for any errors or omissions in the website. Organika does not warrant that your activities or use the Sites is lawful in any particular jurisdiction and, in any event, Organika specifically disclaims such warranties.
This Site is provided for informational purposes only. All information is subject to change without notice. The use of this Site or your communication with us by email or through this Site does not create any advisory or fiduciary relationship. Any use of, or actions taken based upon, any of the information contained on this Site is done entirely at your own risk.
In no event shall Organika or any other parties involved in the creation or delivery of this Site be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Site, or sites accessed through this Site, or content or information provided herein. Your sole and exclusive remedy for dissatisfaction with the service is to stop using the Site. Organika is not responsible for any damage to the user’s computer, cell phone or other equipment from potential security breaches, computer viruses, bugs or network failures.
If any word, term, or provision of these Terms and Conditions are deemed invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the Province of British Columbia, Canada (without regard to the conflicts or choice of law principles thereof). The parties irrevocably consent to the jurisdiction of British Columbia, Canada and agree that any court of competent jurisdiction sitting in British Columbia, Canada shall be an appropriate and convenient place of venue, and shall be the sole and exclusive place of venue, to resolve any dispute with respect to these Terms and Conditions.
Questions or Concerns