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TERMS OF USE

These Terms of Use (the “Terms”)—together with the other documents referenced and linked below (collectively, the “Agreement”) describe your rights and responsibilities concerning your receipt of online services offered by Naturo Group Investments Inc., its subsidiaries and affiliates (collectively, “Naturo”) through the website mytracewellness.com (“Website”), including offering Products for sale through the online store (“Products”) located on the Website (collectively, the “Services”). In this Agreement, the terms “we”, “our” and “us” refer to Naturo.

The Website is only offered and available to users of the age of majority in their jurisdiction and who reside in Canada.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with Naturo, in accordance with local laws, and meet all of the foregoing eligibility requirements.

The Website is only offered and available to users of the age of majority in their jurisdiction and who reside in Canada.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with Naturo, in accordance with local laws, and meet all of the foregoing eligibility requirements.

If you do not meet all of these requirements, do not agree with all of these terms or you are not the age of majority in your jurisdiction, do not use the Website.

1. Use,  Accuracy of and Reliance on Information

Although Naturo uses reasonable commercial efforts to ensure that the information contained on the Website is accurate, Naturo does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Website.  

The information on this Website is provided solely and exclusively for informational purposes and is not meant to substitute for the advice of your physician or other healthcare professional.  There may also be links to third party websites that are provided only for informational purposes.  Naturo is not responsible for, and shall not be liable for, your or any other person’s actions or decisions taken in reliance on the information contained on this Website or on third party sites.  Naturo does not provide any representations or warranties about the information provided on this Site.  The sole responsibility for health decisions remains with you. 

You should consult with a healthcare professional before using any nutritional or herbal including the Products on this Website.  Our Products are not medicines and, by offering the Products, Naturo does not make any recommendations or representations regarding the Products and health benefits.  The Products are not intended to treat or prevent any condition.  Read all information provided with our Products including information provided on Product labels. 

Online Store Terms 

Prices for Products listed on this Website, unless otherwise noted, are not inclusive of shipping charges, and of any applicable value-added, sales, use, excise, transfer, transport, or other tax, tariff or duty of any sort imposed by any government authority (“Taxes”). Customers are solely responsible for all Taxes payable in connection with the purchase of Products.  All purchases through the Website are subject to Product availability. We may, in our sole discretion, limit or cancel the quantities offered on Website or limit the sales of Products to any person, household, geographic region or jurisdiction. We reserve the right, in our sole discretion, to refuse orders. If we believe that an order is false or fraudulent, we may cancel the order and reserve the right to inform the relevant authorities.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.  In the event that a Product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for that at the incorrect price, whether or not the order has been confirmed and your payment completed.

When you create and thereafter use a customer account to purchase Products, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your customer account information, including your username or password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are solely responsible for all activities that occur under your customer account or using your username and password.  You are also responsible to keep you information up to date by informing us of any changes at the email we have provided to you.  We have the right to disable any customer account, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We further reserve the right to terminate customer accounts or use of this Website, change the content on the Website (including discontinuing or changing Products on the Website) and cancel orders at our sole discretion.

We allow three days from the date of delivery to notify us if there is any type of defect with a Product or if the package it was in was damaged in transit. If we aren’t notified of defects or damages within the three-day window, it is understood that the package and Products were in good condition upon delivery.  For further information on shipping and returns, see our Shipping and Returns Policy

Other Terms

You understand and acknowledge that your purchase of Products and use of the Services is also governed by the Naturo Privacy Policy, which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information by us and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy.   In addition, you also agree that your purchase of the Products and your use of the Services will also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Products, Services or on the Website.

2. Ownership

All of the content on or made available via the Website, including without limitation all of the page headers, images, illustrations, photographs, graphics, audio clips, video clips, multimedia clips, interfaces and text, together with all information, designs, and formulas regarding Products and Services (collectively “Material”) is the property of us or our licensors—as are all related trademark, copyright, patent and/or other intellectual property rights.

The Material is protected under copyright, trade secret, patent, trademark and other laws of Canada and other countries, and Naturo owns all copyright in the selection, co-ordination, arrangement and enhancement of the Material on the Website.  

All company names, brand names, trademarks and logos are the property of their respective owners, including without limitation, all trademarks, brand names and logos owned by Naturo such as “NATURO” and “TRACE”. No part of the Services will be construed as granting any license or right to use any trademarks (whether by implication or otherwise), including our trademarks, except with our express written permission or such other party that may be the owner thereof.  

3. Permitted Use of the Website; Prohibitions

You may download, print and store selected portions of the Material provided that you: (a) only use these copies of the Material for your own personal, non-commercial use; (b) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (c) do not modify or alter the Material in any way; and (d) do not delete, obscure or change any copyright, trademark or other proprietary notice contained in the Material. 

Any use of any of the Material (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above.  

For any content that you submit on the Website or through any social media platform, you grant Naturo a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit on or through the Website (or any social media platform) may be used at Naturo’s sole discretion. Naturo reserves the right to change, condense or delete any content on the Website (or any social media platform) that Naturo deems, in its sole discretion, to violate any provision of these Terms. Naturo reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Naturo, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Naturo, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting content to the Website or through social media, you represent and warrant that you are the sole author and owner of the intellectual property rights in the content and that you waive all moral rights in such content.  You must not submit, publish or otherwise disseminate to  Naturo or through the Website (or a social media platform) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

We may enforce our rights to the fullest extent of the law should you breach any of these terms and conditions.

4. Links

The Website may contain links to other web sites.  These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Naturo of the linked web site or information contained therein.  Your use of such sites and your dealings with the owners or operators thereof are at your own risk.

5. Errors and Inaccuracies; Corrections  

The Website may contain typographical errors or inaccuracies and may not be complete or current.  Products on the Website may not be exactly as shown in photos or images.  We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you.

All Products, Services and Materials are provided “as is”, “where is”, “as available”, without representations or warranties of any kind, unless such warranties are expressly provided by us or required by applicable law.  TO THE FULL EXTENT PERMITTED BY LAW, NATURO, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, ITS CONTENTS, PRODUCTS AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE.  ALL PRODUCTS PURCHASED THROUGH THE WEBSITE ARE SUBJECT ONLY TO WARRANTIES PROVIDED BY THE MANUFACTURER, IF ANY. WITHOUT LIMITING THE FOREGOING NATURO SPECIFICALLY DISCLAIMS LIABILITY FOR PRODUCT USE, MISUSE, IMPROPER SELECTION OF PRODUCTS, AND NON-COMPLIANCE WITH PROVIDED DIRECTIONS.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Without limiting the foregoing, we do not represent or warrant that the Material is accurate, complete, reliable, useful, timely or current or that the Website will operate without interruption or error.  We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Website or you downloading of any Material, or inability to do any of the foregoing. 

6. Limitation of Liability

Your use of the Products, the Website and the Services is undertaken at your own risk. Under no circumstances will Naturo or any directors, officers, employees, agents, contractors and suppliers of Naturo, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Website, the Products, the Services, your reliance on any Material, or any consequences flowing therefrom.  Naturo is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING THE FOREGOING, THE ENTIRE LIABILITY OF NATURO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO NATURO FOR ANY PRODUCT OR SERVICE PURCHASED ON THIS WEBSITE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

If you are dissatisfied with the Website, the Products, the Services, any Material or with this Agreement, your sole and exclusive remedy is to discontinue using the Products, the Services and the Website.  Because some jurisdictions do not allow the exclusion or the limitation of liability for certain types of damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

7. Indemnification

You agree to indemnify and save harmless Naturo, its affiliates and their respective directors, officers, employees, agents, contractors and suppliers of Naturo (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Website, the Products, the Services or your breach of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Website.

 8. Governing Law and Courts; Timing of Claims

This Agreement and your use of the Services and purchase of Products (including access to the Website and the online store) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Website and the Services will be deemed solely based in the Province of British Columbia, Canada; and that the Services and the Website will be deemed to be passive in nature and not giving rise to personal jurisdiction over Naturo in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Services and purchase of the Products and this Agreement. However, you agree that nothing herein precludes Naturo’s application for injunctive remedies or other urgent legal relief in any jurisdiction. 

9. Severability; Waiver

The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.  No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

10. Survival

The provisions of Sections 1, 4-5 and Sections 7-13 will survive termination of the Agreement, howsoever occasioned.

11. Entire Agreement

This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your purchase of the Products, use of the Services and Material, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Website. You agree that we have this right, and that your continued use of the Products or the Services following notice of such change means that you agree to and accept the amendments. 

Questions about our Products, Services, or regarding your rights and responsibilities under this Agreement, can be directed 

Last modified:  March 4, 2020