The following Terms of Use (the "Terms") govern and apply to your access and use of the website maintained by Jasmine Anthea Naturals (the "Website"), including any reliance upon the information provided therein. The terms "we," "us," and "our" refer to Jasmine Anthea Naturals.
1. Acceptance of Terms
By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and irrevocably agree to be bound by these Terms and all applicable laws, statutes, and regulations. If you do not fully agree to these Terms, you are strictly prohibited from accessing or using the Website and our e-commerce services.
2. Modifications to the Terms
We reserve the right, at our sole discretion, to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon their posting to the Website. Your continued use of the Website after the posting of any revised Terms constitutes your unconditional acceptance of those changes.
1. Eligibility
By accessing or using this Website, you represent and warrant that you are at least the age of majority in your province or state of residence, or at least eighteen (18) years of age.
2. Responsibility and Liability
You acknowledge that you are responsible for any misrepresentation of your age. We assume no responsibility or liability for any use of the Website by individuals who do not meet these eligibility requirements.
1. Ownership and Copyright Assertion
All content on the Website, including but not limited to logos, text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content, is a collective work under Canadian and other copyright laws and is the proprietary property of Jasmine Anthea Naturals. All rights reserved.
All documentation, data, product descriptions, trademarks, service marks, and other materials developed by us and provided on the Website (collectively, "Company Materials") are the sole and exclusive property of Jasmine Anthea Naturals or its licensors.
2. Limited License
Nothing in these Terms grants you any ownership rights or license to the Company Materials, except for a limited, non-exclusive, non-transferable, and revocable license to view and use the Company Materials strictly for the purpose of accessing the Website and placing orders. You shall not reproduce, distribute, or otherwise use the Company Materials for any other commercial purpose without our express written consent.
3. Right to Update IP
We reserve the right to change, update, or remove any Company Materials, including product descriptions, at any time without prior notice.
Prices of products and services on the Website are displayed in Canadian Dollars (CAD). If you are making a purchase from outside of Canada, note that the total transaction cost will be based on the exchange rate for your country’s currency.
Prices and availability status for our products and services are subject to change without notice. The products listed on this Website may have limited quantities and are subject to our Return Policy, which can be found here.
We reserve the right limit our product sales based on a person’s geographical location, jurisdiction and/or the quantity of our products (per order). Any products listed on our Website as discounted or “sale” are final sale.
The products we make available on this Website, including samples, are for your personal, non-commercial use only. Under these Terms, any product purchased from the Website cannot be resold without the written consent of Jasmine Anthea Naturals.
Though Jasmine Anthea Naturals attempts to be as accurate as possible, we cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, ingredients or other information or content on the Website.
Customers are required to adhere strictly to all product instructions, precautions, disclaimers and usage guidelines. Prior to application, it is the customer's sole responsibility to verify the ingredient list to guard against known allergens, allergic reations or sensitivities.
We have made every effort to display the colors of our products as accurately as possible. However, due to the fact that every computer monitor or mobile device has a different capability to display colors, we cannot guarantee that the color you see accurately portrays the true color of the product.
Informational Content Disclaimer
The Website may contain historical or educational information concerning herbs, botanicals, and their cosmetic benefits. This information is provided strictly for general reference and educational purposes only.
It remains your responsibility to conduct adequate research to make an informed purchasing decision. This content is not intended to be used to diagnose, treat, or cure any diseases or ailments and should not be used as a substitute for professional medical advice. If you have any medical questions or concerns regarding the use of our products, you must seek the guidance of a physician or qualified health care practitioner.
We reserve the right to change or update our informational content at any time if needed.
* Accurate Billing Information
When making a purchase on the Website, you agree to provide a valid payment instrument (including credit/debit card details or digital wallet information) and represent that you are authorized to use this instrument. You must provide current, complete, and accurate payment and billing information.
* Total Price and Responsibility
You are solely responsible for the full transaction amount, which may include the cost of the products/services as well as applicable taxes, fees, and shipping costs.
* Payment Authorization
By submitting a payment, you authorize us (and our designated payment processor) to charge the full transaction amount to the payment instrument you designate. You also authorize us to collect and store the designated payment instrument information for the purpose of completing the transaction and invoicing.
* Pre-Approval Notice
If paying by credit or debit card, you acknowledge that we may obtain a pre-approval from the card issuer for the full transaction price. If a transaction is cancelled before completion, this pre-approval may result in those funds being temporarily unavailable to you, and we are not responsible for the timing of their release.
* Transaction Cancellation Rights
We reserve the right to cancel any transaction if we believe it violates these Terms or if, in our sole judgment, doing so will prevent financial loss to you or to us.
* Financial Loss Prevention and Data Sharing
To prevent financial loss or to address a suspected violation of law, you authorize us to contact your payment instrument issuer, law enforcement, or affected third parties and to share the details of any payment transaction you are associated with.
*Right to Refuse or Cancel Orders
We reserve the right to refuse or cancel any order placed on our Website for any reason, at our sole discretion. This includes, but is not limited to, the following circumstances:
Suspected Fraud or Unauthorized Activity: If we suspect the order involves unauthorized, illegal, or fraudulent activity, including the purchase of products for resale without authorization.
Errors in Pricing or Product Description: If the product or service is listed at an incorrect price or with an inaccurate description due to a typographical error or error in information received from our suppliers.
Product Availability: If the product is out of stock or otherwise unavailable.
*Notice and Refunds
In the event we cancel an order, we will attempt to notify you promptly using the email address, billing address, and/or phone number provided at the time of purchase. If the transaction was completed, it will be cancelled, and the full purchase price will be refunded to the original payment instrument used for the transaction.
1. Currency and Exchange Rate
All prices for products and services displayed on the Website are listed in Canadian Dollars (CAD). If you are making a purchase from outside of Canada, the final transaction cost will be calculated based on the exchange rate between CAD and your country's currency at the time of purchase.
2. Price and Availability Changes
Prices and the availability status of our products and services are subject to change at any time without prior notice. We are not liable to you or to any third party for any modification, price change, suspension, or discontinuance of a product or service.
3. Product Limits and Geographic Restrictions
We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We also reserve the right to limit the quantities of any products or services that we offer, either per order or per customer.
4. Limited Quantities and Returns
The products listed on our Website may be available in limited quantities. All purchases of products listed as discounted or on "sale" are considered final sale. All sales are subject to our full Return Policy, which is located at www.jasmineanthea.com/return-policy.
5. Resale Prohibited
Under these Terms, any product purchased from the Website cannot be resold without the express written consent of Jasmine Anthea Naturals.
By accessing or using the Sites, you agree that you will not engage in any activity that is harmful, illegal, or interferes with the proper functioning of the Sites. Prohibited activities include, but are not limited to, the following:
1. Unauthorized Access and Interference
Tampering: Attempting to probe, scan, test the vulnerability of, or breach the security or authentication measures of the Sites or any related system or network.
Interference: Interfering or attempting to interfere with the service of any user, host, or network, including submitting a virus to the Sites, overloading, "flooding," "spamming," or "crashing."
Automated Use: Using any automated system, including "robots," "spiders," or "offline readers," to access the Sites in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional web browser.
2. Illegal and Harmful Content
Illegal Activity: Using the Sites for any illegal purpose or in violation of any local, state, national, or international law.
Harmful Content: Posting, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Intellectual Property: Uploading, posting, or transmitting any content that infringes upon the proprietary rights of any third party, including copyright, patent, trademark, or trade secret rights.
3. Misrepresentation and Data Collection
Impersonation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Data Mining: Collecting or harvesting any personally identifiable information from the Sites, including account names, or using the communication systems provided by the Sites for any commercial solicitation purposes.
Unauthorized Commercial Use: Using the Sites for unauthorized advertising, solicitations, or any other commercial purpose that is not expressly permitted by Jasmine Anthea Naturals.
1. License and Promotional Use
When submitting any "User Submissions"—including public comments, reviews, or general feedback, whether made on our Website, via email, or other channels—you grant Jasmine Anthea Naturals a worldwide, perpetual, non-exclusive, royalty-free license to use, reproduce, modify, edit, publish, distribute, and translate that submission for any purpose, including promotional and marketing uses.
2. User Compliance
By submitting content, you represent and warrant that your User Submission complies fully with all requirements set forth in the Acceptable Use Policy (Section 11) and all other provisions of these Terms and Conditions.
3. Content Monitoring and Removal
We reserve the right, but are not obligated, to monitor, edit, or remove any User Submissions that we determine, in our sole discretion, to be misleading, fabricated, offensive, or in violation of any provision of these Terms.
4. No Responsibility for Accuracy
You acknowledge and agree that Jasmine Anthea Naturals assumes no responsibility and no liability for any User Submissions, including their accuracy, completeness, legality, or any errors or omissions contained within them. You rely on User Submissions at your own risk.
1. Incorporation by Reference
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy describes our practices concerning the collection, use, and disclosure of your personal data and the use of cookies on the Website.
2. User Acceptance
By using or browsing this Website, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy.
3. Policy Location
For complete details, please refer to our Privacy Policy, available here: https://www.jasmineanthea.com/privacy-policy.
1. Right to Interrupt Service
You acknowledge and agree that your access to the Website may be temporarily interrupted or suspended, both on a scheduled and unscheduled basis, to allow for maintenance, upgrades, emergency services, or for any other reason deemed necessary by us.
2. Limitation of Liability for Downtime
You further agree that we shall have no liability whatsoever for any damage, loss, or inconvenience caused by or resulting from any unanticipated or unscheduled downtime or service interruption, regardless of the cause. You waive any claims against Jasmine Anthea Naturals arising from such interruptions.
You agree to defend, indemnify, and hold harmless Jasmine Anthea Naturals and its affiliates, directors, officers, agents, employees, and successors against any and all legal claims, demands, liabilities, damages, losses, and expenses (including, but not limited to, reasonable attorney's fees) which may arise from or relate to:
1. Your use or misuse of the Website;
2. Your breach of any provision of these Terms and Conditions;
3. or Your conduct or actions in connection with the Sites.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
1. Disclaimer of Warranties
Your use of the Website and any products or services provided by us are at your sole and exclusive risk and are provided on an "as is" and "as available" basis.
We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
2. No Guarantees
We make no warranties or representations that:
- The Website will meet your specific requirements or needs.
- The Website will be uninterrupted, timely, secure, or free from error or viruses.
- The results that may be obtained from the use of the Website or any information obtained through the services will be accurate or reliable.
3. User's Assumption of Risk
Any damage to your computer system, loss of data, or any other loss that results from your access to or use of the Website is your sole responsibility. We are not liable for any such damage or loss.
1. General Exclusion of Liability
You acknowledge and agree that Jasmine Anthea Naturals shall not be liable for any damages or losses incurred by you as a result of your use of the Website or any products/services offered therein, to the fullest extent permitted by applicable law.
This limitation applies to all claims, including, but not limited to, damages for lost profits or revenues, loss of data, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
2. Maximum Liability Cap
Notwithstanding the foregoing exclusion of liability, in the event that Jasmine Anthea Naturals is found liable for any damage or loss arising from your use of the Website, our maximum cumulative liability to you is expressly limited to the greater of:
- One Hundred Canadian Dollars ($100 CAD); or
- The total amount you paid to Jasmine Anthea Naturals in the six (6) months immediately preceding the date the claim first arose.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision in the future. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Jasmine Anthea Naturals.
The headings and titles used in these Terms are included for convenience and reference only and will not be given any legal effect or otherwise define, limit, or affect the substance or scope of the provisions of these Terms.
1. Jurisdiction
These Terms, and any documents, policies, or agreements expressly incorporated herein by reference (including but not limited to the Privacy Policy), shall be governed and interpreted in accordance with the laws in force in the Province of Ontario and the federal laws of Canada applicable therein, without reference to any principles of conflicts of law.
2. Dispute Resolution
The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario to settle any claim, dispute, or difference arising out of or in connection with these Terms.
