Terms & Condition

Fresh Soul Canada Terms and Conditions

Please review the following terms and conditions (“Terms of Use”) that govern your use of Fresh Soul’s (“Fresh Soul,” “our,” “we” or “us”) website Freshsoul.ca (the “Site”). Your use of our Site constitutes your agreement to follow and be bound by the Terms of Use.

General

Please review the following Terms of Use, additional terms (“Additional Terms”) that may apply to your use of certain services or features available through the Site and our other policies that govern your visit to our Site and your use of our Site. Your use of our Site constitutes your acceptance of, and agreement to follow and be bound by, such policies and by the Terms of Use and Additional Terms. Fresh Soul® reserves the right, at any time, to modify, alter or update our Site, policies, these Terms of Use and Additional Terms. 

Site Contents

Unless otherwise noted, the design of the Site, the Site as a whole and all materials that are part of the Site (collectively, “Contents”) are protected by copyrights, trademarks, trade dress or other intellectual property rights owned, controlled or licensed by Fresh Soul or its subsidiaries and affiliates.

The Contents are intended solely for your personal, non-commercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, non-commercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, scrape, data mine, or exploit in any way, any of the Contents or the Site. Unauthorised use of the Contents is expressly prohibited, and may result in severe damages and penalties.

Links to Other Websites and Services

The Site and other websites provided by the Fresh Soul may include links to other internet sites, content, videos (embedded or direct links), applications or social media platforms maintained by third parties (“Linked Sites”). Fresh Soul provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement of the Linked Sites by Fresh Soul or any of its affiliates. Your access to any Linked Sites is at your own risk and by accessing them you leave the Fresh Soul website. Linked Sites are not under the control of Fresh Soul or any of its affiliates and we are not responsible for the contents, operation or legality of any Linked Site, including the privacy policies or tracking technologies they may use. We encourage you to check the applicable terms of use and privacy policy on any Linked Site, including to determine how they will handle any personally identifying information they collect from you.

User Profile Information

Fresh Soul will require that you set up a user profile in order to use certain portions of the Site, such as when you register for a shopping account and participate in services including Wish List and Product Reviews. You will need to provide a password, username or other information such as your name and email address. You agree and represent that all the information provided by you is accurate and up-to-date. Should your information change, you must update it in your user profile. You are solely responsible for keeping your user profile information confidential. You may not transfer, sell, assign or sublicense your user profile to any third party without our prior written approval. You are solely responsible for all your individual usage or activity on the Site including, but not limited to, use of the Site by any person who uses your user profile, with or without authorisation. You agree to notify Fresh SoulFresh Soul immediately of any unauthorised use or any other breach of security on your account. Fresh Soul will not be liable for losses incurred as a result of an unauthorised use of a password or account. Personal information submitted through the Site is governed according to the Fresh Soul Privacy Policy.

Passwords

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of uppercase and lowercase letters, numbers and symbols) with your account. Fresh Soul cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. If you believe your password has been compromised or someone has improperly accessed your account, please visit our Password Reminder page.

Eligibility

By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning if we believe that you are under the age of 13.

Use of Site

You agree not to disrupt, overwhelm, attack, modify or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site. Other than connecting to Fresh Soul’s servers by http requests using a Web browser, you may not attempt to gain access to Fresh Soul’s servers by any means.

Without limiting the description above, by using this Site you agree not to:

  • abuse, harass, defame, threaten, impersonate or intimidate other users;
  • post or transmit, or cause to be posted or transmitted, any content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive, profane or otherwise violates any law or right of any third party;
  • use the Site for any illegal or unauthorised purpose, including violating any local, provincial, national or international laws (including but not limited to infringing any trademark, trade secret, copyright, patent or other proprietary rights of any party);
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or any other personally identifiable or private information from any user;
  • create, submit, upload, post or otherwise make available any unwanted or unsolicited email (“Spam”) to any users including advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
  • frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Fresh Soul without express written consent.
  • use any meta tags or any other “hidden text” utilising Fresh Soul’s name or trademarks;
  • submit stories or comments linking to multilevel marketing schemes, pyramid schemes or off-topic content;
  • use any robots, spiders, scrapers or any other automated means to access the Site for any purpose.
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • upload viruses or other malicious code;
  • bypass any measures we may use to prevent or restrict access to the Site; or
  • advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Site in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
User Submitted Content

Users may post or provide reviews, comments, photos, videos and other content, and submit suggestions, ideas, feedback comments, questions or other information (“User Submitted Content”), as appropriate for the intended purposes of the various aspects of the Site. Fresh Soul reserves the right, but not the obligation, to remove or edit such User Submitted Content without prior notice.

By posting or submitting User Submitted Content, you warrant and represent that you own or otherwise control all of the rights to your User Submitted Content including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Submitted Content. To the extent that the content submitted contains images, photographs or pictures (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or the copyright owner of such Images has granted you permission to use the Images; (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images.

By posting, displaying, uploading, inputting, providing or submitting User Submitted Content, you grant Fresh Soul a perpetual, irrevocable, sub-licensable license to use worldwide, royalty free, to copy, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display such User Submitted Content (in whole or in part) and to incorporate such User Submitted Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.

Sole Discretion to Edit or Screen Content

However, Fresh Soul reserves the right to block or remove any User Submitted Content 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; (d) violates any law or regulation or these Terms of Use; or (e) is offensive or otherwise unacceptable to Fresh Soul in its sole discretion. Fresh Soul reserves the right, but undertakes no duty, to review, edit, move or delete any User Submitted Content, in its sole discretion, without notice. If at any time Fresh Soul chooses, in its sole discretion, to monitor the Site, Fresh Soul nonetheless assumes no responsibility for the User Submitted Content, no obligation to modify or remove any inappropriate User Submitted Content, and no responsibility for the conduct of the user submitting any such User Submitted Content. Fresh Soul expressly disclaims any and all liability in connection with User Submitted Content.

You agree that Fresh Soul and its third-party service providers are not responsible, and shall have no liability to you, with respect to any information, communication or materials posted by others, including defamatory, offensive or illicit material, including material that violates these Terms of Use.

Google Maps Privacy and Terms of Service

Your use of mapping available on this Site is governed by the Google Maps Terms of Service, and the Google Privacy Policy will apply to how your personal information is collected, used and disclosed by Google. Google reserves the right to change the Google Terms of Service and Privacy Policy at any time, at their sole discretion. For additional information, please see Google Maps Terms of Service and Google Privacy Policy.

Merchandise Availability

Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. You can always verify availability by calling our Customer Service Number. You will receive a shipping confirmation email once your items have shipped.

Product Information

Fresh Soul products displayed on the Site may be available in selected Fresh Soul stores in Canada. Fresh Soul reserves the right to determine and change the assortment of merchandise available on our Site and in our stores from time to time. Merchandise availability on the Site may be different than in stores.

The prices displayed on the Site are quoted in Canadian dollars, unless otherwise indicated.

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Privacy

Your personal information will be collected, used and disclosed in accordance with our Privacy Policy.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Fresh Soul® DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Fresh Soul DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH FRESH SOUL ENDEAVOURS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER FRESH SOUL NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. FRESH SOUL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF FRESH SOUL’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Fresh Soul, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.

Term, Termination, Denial of Access and Entire Agreement

The Terms of Use shall remain in full force and effect while you use the Site. If in Fresh Soul’s sole discretion you fail to comply with any term or provision of this agreement, Fresh Soul may deny you access to the Site. In the event of denial of access by Fresh Soul, you are no longer authorised to access the Site, and the restrictions imposed upon you with respect to Content copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use and any other legal notices or statements posted on our Site constitute the entire agreement between you and Fresh Soul relating to the subject matter addressed herein.

You may delete your user information at any time, for any reason by going into My Account and deleting the information on file. Deletion of your user information will not delete any previously posted or shared content. 

Site Policies, Modification and Severability

Please review our Additional Terms and other policies posted on this Site. These Additional Terms and policies also govern your use of Fresh Soul services and products. We reserve the right to make changes to our site, policies, Additional Terms and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Applicable Law

Unless the laws of your jurisdiction require that the laws of that jurisdiction apply, the law applicable to the interpretation and construction of these Terms of Use or related to the Site, shall be the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to principles of conflict of laws and you agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. To the extent permitted by applicable law, all proceedings relating to the Site, these Terms of Use, or any transaction using this Site, shall be brought only in the courts of the Province of British Columbia and you and Fresh Soul do hereby consent to the jurisdiction and venue of such courts.

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