Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and the use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other copyright laws, and is the property of the Afformation Inc., operating as The Positive Change (hereinafter “The Positive Change”). The collective work includes works that are licensed to The Positive Change, Copyright 2020. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of [placing an order] with the The Positive Change.
You may not display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Positive Change. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All content of the products are protected by the Copyright Laws of Canada. [All offenses are punished under the Department of Justice on summary conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding six months or to both, or on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both (source Department of Justice Canada).]
Limitation of Liability
The Positive Change shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the [performance of the products], even if The Positive Change has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that The Positive Change [product] is mistakenly listed at an [incorrect price], The Positive Change reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Positive Change serves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Positive Change shall issue a credit to your credit card account in the amount of the incorrect price.
Term and Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or [shopping process]. These terms and conditions, or any part of them, may be terminated by The Positive Change without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
The Positive Change may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Positive Change.
Your use of this site shall be governed in all respects by the laws of the province of Ontario and the laws of Canada applicable therein, without regard to choice of law provisions, [and not by the 1980 U.N. Convention on contracts for the international sale of goods]. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Positive Change [products]) shall be in the courts in Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Positive Change [products]) must be commenced within [one (1)] year after the claim or cause of action arises. The Positive Change failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. The Positive Change may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
While The Positive Change uses reasonable efforts to include accurate and up-to-date information on the site, The Positive Change makes no warranties or representations as to its accuracy and The Positive Change makes no warranties about our site and products, nor any other matters and disclaims all warranties and conditions, whether express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose. The Positive Change assumes no liability or responsibility for any errors or omissions in the content on the site. Your use and browsing of the site is at your risk. Neither The Positive Change, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you ‘as is’ and without warranty of any kind. Please note that [some jurisdictions] may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties The Positive Change also assumes no responsibility, and shall not be liable for any damage to your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of, or browsing in the site, or your downloading of any materials including data, text, images, video, or audio from the site. The Positive Change has not reviewed all of the sites linked to the site and is not responsible for the contents of any off-site pages or any other sites linked to the site. Your linking to any other off-site pages or other sites is at your own risk.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including The Positive Change or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. The Positive Change may at any time revise these Terms and Conditions by updating this posting without notice to you. Each time you visit this site, you are bound by these Terms and Conditions as they exist on the date of your visit. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound.
You agree to indemnify, defend, and hold harmless The Positive Change, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD PARTY LINKS
In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
CHANGES TO POLICY
QUESTIONS AND FEEDBACK
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.
ONLINE POLICY ONLY
TERMS AND CONDITIONS
All funds taken in CAD (Canadian Dollar). Payment Methods: VISA and MasterCard. We do not offer any refunds or transfers.
All event and gift card purchases are [non-refundable unless stated otherwise]. We do not allow the third party sale of our gift cards. Any gift card being sold by any person or business that is not the The Positive Change will be void.
You agree to indemnify, defend, and hold harmless The Positive Change, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
At The Positive Change, we always validate our [gift cards] for the original purchase price. Our gift cards never expire, but prices are subject to change. Gift cards are always accepted at face value. Gift cards are non-refundable and have no cash value. Gift cards may be used towards any treatment, service, gratuity or product at The Positive Change. Lost or stolen gift cards will not be replaced, they should be treated as cash.
The owner of the site is based in Ontario, Canada. We provide this site for use only by persons located in Ontario. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Ontario, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
DISCLAIMER OF WARRANTIES
You understand and agree that your use of the site, its content, and any services or items found or attained through the site is at your own risk. The site, its content, and any services or items found or attained through the site are provided on an “as is” and “as available” basis, without any warranties or conditions 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. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Neither the company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents. Without limiting the foregoing, neither the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the site, its content, or any services or items found or attained through the site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components. We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or any services or items found or attained through the site or to your downloading of any material posted on it, or on any site linked to it.
LIMITATION ON LIABILITY
Except where such exclusions are prohibited by law, under no circumstance will the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the site, any linked websites or such other third-party sites, nor any website content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.