CANADA SITE TERMS AND CONDITIONS
The following Terms and Conditions of Use (“Terms”) apply to all visitors or users of the Site www.thursdayplantation.ca (the “Site”), owned and operated by Integria Healthcare (Australia) Pty Ltd (“Integria”), an Australian corporation.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SITE FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH INTEGRIA, OR (C) ARE PROHIBITED FROM ACCESSING OR THE SITE OR ANY OF THE SITE’S CONTENTS, GOODS OR SITE BY APPLICABLE LAW.
You may be required to register for an account with us in order to access or use parts of the Site. Your account gives you access to the Site and functionality that we may establish and maintain from time to time and in our sole discretion. If you elect to take advantage of such features, you must register through the Site by completing the applicable registration form to create your account with a unique username and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site.
If you choose to register an account on the Site, you will create a username and password for your account. By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Integria; (b) to provide true, accurate, current and complete information about yourself when we request it; (c) to maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Site permit such updates; and (d) to use limited-access portions of the Site only using access credentials that we have issued to you and not to violate these Terms. It is your responsibility to maintain the confidentiality of your account, including your login credentials and information associated with the account. Integria encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Integria immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. Integria will not be liable for any losses or damages caused by any unauthorized use of your account, financial or otherwise.
By providing Integria your email address you consent to receiving Site-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers, promotions, or relevant news about Integria. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account or by following the instructions included in the email you receive. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
If you violate these Terms, we may terminate your account and refuse to process your order(s) without prior notice. We may also terminate your account without prior notice if we, in our sole discretion, decide that it would be in Integria’s best interests to do so.
Information Accuracy and Site Operations
We strive to be as accurate as possible with everything posted on the Site. However, we do not assume any responsibility for the accuracy of information on the Site. Integria reserves the right to do any of the following without prior notice: (a) Suspend, terminate or modify the access to or operations of the Site (b) Change or modify the Site or any portion of it, or the products and their descriptions (c) Interrupt the functions or features of the Site for maintenance or other changes, including the ability to place orders.
Any statements on the Site or any products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the Site have been approved or endorsed by the FDA or any regulatory agency. The products on the Site are not intended to diagnose, treat, cure or prevent any disease. The information on the Site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
The content, information, software, designs, materials, functions and data included in and contained on the Site or made available via the Site (the “Content”) is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you access the Site. All Content including but not limited to designs, structure, text, logos, product packaging, trade dress, product configuration, brand names, product names, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming, and all other copyrightable work or trademarks on the Site are protected by copyright and/or trademark law and are the property of Integria or its licensors. Except as allowed under applicable law, no Content, in whole or in part, may be used, copied, sold, reproduced, duplicated, modified, or otherwise exploited without prior express written permission from Integria.
Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and use the Site only for authorized uses. In connection with these uses, Integria grants you a limited, non-exclusive, revocable, non-assignable and non-transferable license to: access, copy, download, display, view, use, play and/or print one (1) copy of the Content made available on the Site on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, Site or brands. Any “re-mailing” or high-volume or automated use of Site is prohibited, as is use of the Site after your authorization has been revoked or terminated.
As a condition of your use of the Site, you warrant to Integria that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or our computer network or interfere with any other party’s use and enjoyment of the Site. You may not convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree not to attempt to reverse-engineer the Site or access any protected or non-public portion of the Site without express authorization from Integria.
In addition to our other legal rights, we may limit or terminate your license to use the Site, or certain features of the Site, at any time and for any reason, without any prior notice to you whatsoever.
Linking to The Site
Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site and creating any link from another site to any page on this Site without our prior written permission is strictly prohibited. Permitted links to the Site must comply with applicable laws, rules and regulations.
Third- Party Sites
Termination of Access/Restriction of Access
Integria reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice.
No Warranty/ Limitations of Liability
THE INFORMATION, CONTENT, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. INTEGRIA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS OR TO THE SITE AT ANY TIME. THE SITE DOES NOT PROVIDE ADVICE AND IT SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
INTEGRIA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED INFORMATION AND GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED INFORMATION AND GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INTEGRIA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED INFORMATION AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTEGRIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY INTEGRIA PRODUCT OR LINKS TO ANY THIRD PARTY SITE FROM THE SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED INFORMATION AND GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INTEGRIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to defend, indemnify and hold harmless Integria and its affiliates, subsidiaries, agents, licensors, and managers, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any information submitted to us via your account; or (vi) any other party’s access and use of the Site with your unique username, password, or other appropriate security code. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Binding Arbitration/Class Waiver
For any dispute with Integria, you agree to first contact us at and attempt to resolve the dispute with us informally. In the unlikely event that Integria has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any of Integria’s claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) in the city of Fort Worth, Texas under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Integria from seeking injunctive or other equitable relief from the courts as necessary to protect any of Integria’s proprietary interests.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE LEGAL PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND INTEGRIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Choice of Law / Jurisdiction
The laws of the State of Texas govern these Terms and any dispute of any sort that may arise between you and Integria or its affiliates, without regard to conflict of laws rules, as if entered into by residents of Texas and fully performed therein. You irrevocably consent to the jurisdiction of the state courts located in or serving Tarrant County, Texas or a federal court of competent jurisdiction in the Northern District of Texas for any action relating to the Site or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
We make no representation that the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Trademark / Copyright/ Notice of Infringement
All Content of the Site including but not limited to text, design, graphics, interfaces, or code are Copyright 2020 Integria Healthcare or its licensors. All rights reserved.
All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Integria Healthcare, or other respective owners that have granted Integria license to use such marks.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Site;
4. Information reasonably sufficient to permit Integria to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Integria and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Integria’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
Please send all notices under this section to firstname.lastname@example.org with DMCA in the subject line.
Assignment / Entire Agreement / Severability / Admissibility
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Integria without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Integria with respect to the Site and this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Integria with respect to the Site.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Modification and Changes to these Terms and Conditions
We reserve the right, in our sole discretion, to change these Terms at any time by posting a revised Terms on the Site or linking to revised Terms via the Site. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Site following the posting of changes to these Terms means you accept the changes and agree to be bound by them.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Integria’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms, the practices of the Site, or your dealings with the Site, please contact us at:
#5 – 4090 Ridgeway Drive
Mississauga, ON L5L 5X5
Or by email at email@example.com
Last Updated: August 10, 2020