Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and 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.
Prana BioVegan Inc.
Health Disclaimer Notice
Information contained within this site, from Prana BioVegan and/or its affiliates, has not been evaluated by Health Canada or the FDA in the United States, and is not intended to diagnose, treat, cure or prevent any disease. The information on this website should not be used as a therapeutic modality or as a substitute for the advice of a healthcare professional, or as a substitute for any information contained in or on any product label or packaging.
Any information presented herein, or information received via telephone or email, should not be construed as the practice of medicine. Prana BioVegan is not responsible for the misuse and/or abuse of any product sold as a result of a consumer using this website, nor is Prana BioVegan responsible for any problems or difficulties which may arise through consumer use of products sold by Prana BioVegan. Website users, previous and future customers who fail to consult their health care professional prior to the purchase and subsequent use of any product, assume the risk of any adverse effects.
Shipping
Your shipping rates are displayed in your shopping cart and at the time of check-out . You may choose the appropriate rate that applies to you. If you choose "Pickup", Prana BioVegan will contact you to make arrangements for you to pick up you product(s) at our Montreal location.
Canadian orders are shipped via UPS from our warehouse in Montreal, Quebec, Canada usually by the next business day from the time of payment. Canadian residents should receive orders within 10 business days (usually within 5).
You will receive a tracking number via email once your order is shipped so that you may track your package online at www.ups.ca or by calling UPS directly.
Items that are returned to Prana BioVegan due to the wrong address being entered by the customer or due the customer refusing the items or not picking them up from the Postal Outlet when carded, will incur additional shipping charges and/or restocking and processing fees.
If an item is damaged due to shipping, is incorrect or missing, you must report this at the time of receipt to Prana BioVegan. Prana BioVegan will not be held responsible for any items that have not been reported within 7 days of receipt of your order from the UPS, from another courier, or from our pick-up location.
Ordering, Exchange Rates, Tax and Payment Options.
All product pricing is listed by default in Canadian funds. If you are an American/International customer, your actual exchange rate will be set by your credit card carrier.
All Canadian residents are subject to GST, while Quebec residents are subject to both PST and GST. Taxes are not charged for residents of the United States or other residents outside of Canada.
We accept the following payments: Visa, Mastercard, American Express, Discover, Certified Cheques and Money Orders. Certified Cheques and Money Orders must be negotiable in Canada. Sorry, but we do not accept personal cheques at this time.
Orders from pranana.com are securely sent to our order desk where they are reviewed. Once the order and S&H have been verified and paid in full, your order will be processed and shipped.
At Prana BioVegan we try our best to keep our inventory up to date. In the rare case that there is an item that is out-of-stock or on back-order you will be notified and will have the option to receive a refund on that item or wait for the item to be restocked.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canadian and other copyright laws, and is the property of Prana BioVegan. The collective work includes works that are licensed to Prana BioVegan. Copyright 2009, Prana BioVegan 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 Prana BioVegan or purchasing Prana BioVegan products. You may 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, or to place an order with Prana BioVegan or to purchase Prana BioVegan products. 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 Prana BioVegan. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Prana BioVegan used in the site are trademarks or registered trademarks of Prana BioVegan
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Prana BioVegan disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Prana BioVegan does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Prana BioVegan does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Prana BioVegan 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 Prana BioVegan 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.
Typographical Errors
In the event that a Prana BioVegan product is mistakenly listed at an incorrect price, Prana BioVegan reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Prana BioVegan reserves 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, Prana BioVegan shall issue a credit to your credit card account in the amount of the incorrect price.
Term; 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 Prana BioVegan without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Prana BioVegan 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 Prana BioVegan.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the province of Quebec,Canada, 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 Prana BioVegan products) shall be in the provincial or federal courts located in Montreal, Quebec. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Prana BioVegan products) must be commenced within one (1) year after the claim or cause of action arises. Prana BioVegan's 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. Prana BioVegan may assign its rights and duties under this Agreement to any party at any time without notice to you.
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 a Prana BioVegan or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Prana BioVegan does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Prana BioVegan is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Prana BioVegan reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Prana BioVegan in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Prana BioVegan, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' 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 increased value to our visitors, Prana BioVegan may link to sites operated by third parties. However, even if the third party is affiliated with Prana BioVegan, Prana BioVegan has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Prana BioVegan. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Prana BioVegan seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).