These Terms & Conditions and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
Changes to Terms of Service
You can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
Disclaimers
THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY ORGANIC TRADITIONS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS.
ORGANIC TRADITIONS DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN & EXCHANGE TERMS, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.
Dispute Resolutions
(a) Arbitration: Except as expressly set forth in this section 21 and subject to section 21(c), all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms & Conditions, the Website or any related matters (collectively "Disputes" and each a "Dispute") will be referred to and finally resolved by binding arbitration administered by the Canadian Arbitration Association in accordance with its rules and these Terms & Conditions. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held at Toronto, Ontario and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is CAD$10,000 or less, then the arbitration will be subject to Canadian Arbitration Association Shorter Rules of Procedure and, unless you and Organic Traditions expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and Organic Traditions; and (ii) there will be not be any in-person hearing (including any hearing by teleconference, videoconference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this section 21(a) does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).
(b) Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in section 21(a), then subject to section 21(c) the Dispute will be resolved before the Supreme Court of Ontario sitting in the City of Toronto, and you and Organic Traditions each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that Organic Traditions may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms & Conditions.
(c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to Organic Traditions Customer Service representatives at info@organictraditions.com or 1-888-343-3278 (United States Customers) or 1-800-304-1497 (Canadian Customers). and Organic Traditions at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by Organic Traditions during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.
(d) Temporary/Injunctive Relief: Notwithstanding that a Dispute is subject to arbitration under section 21(a): (i) you or Organic Traditions may commence litigation in the Supreme Court of Ontario sitting in the City of Toronto, seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and Organic Traditions each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) Organic Traditions may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms & Conditions.
(e) NO JURY OR CLASS PROCEEDINGS: YOU AND ORGANIC TRADITIONS. EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR ORGANIC TRADITIONS IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU.
Questions or Comments
If you have any questions about these Terms & Conditions, please contact us at:
Organic Traditions
5787 Steeles Avenue West
North York, Ontario
M9L 2W3
1-888-343-3278 (United States Customers) or 1-800-304-1497 (Canadian Customers).
info@organictraditions.com