Term and Conditions

Welcome to Zwell.ca (this “Site”). This Site is provided by Natural Life Sciences  (“NLS” and/or “we” and/or “us”) as a service to our customers (“you”). Please review the following terms and conditions that govern your use of this Site (the “Agreement“). NLS provides you access to this Site subject to the terms and conditions of this Agreement.  Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. NLS reserves the right to update or modify the Agreement at any time without prior notice. If the Agreement has been updated, NLS will post the new Agreement on this Site and note the date that it was last updated.  Your use of this Site following any such posting constitutes your unconditional agreement to follow and be bound by the Agreement as changed. If you shop on the Site, the Terms of Use applicable to each order are the Terms of Use in effect on the date that you place such order.  For this reason, we encourage you to review the terms and conditions of the Agreement whenever you use this Site.

By using this Site, you represent that you are of the age of majority in your jurisdiction.  If you are not of the age of majority in your jurisdiction, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement.  If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.

COPYRIGHTS and TRADEMARKS

Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips,  downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents“) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to ,NLS or one of their respective affiliates, and are protected by Canadian, U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of NLS and is also protected by Canadian, U.S. and international copyright laws.

NLS and its suppliers and licensors expressly reserve all intellectual property rights in all Contents, products, processes, technology, tools and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of NLS or any third party’s intellectual property rights.

The NLS names and logos and all related product and service names, design marks and slogans are the trade-marks or service marks of NLS. All other marks are the property of their respective companies. No trade-mark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

LINKS

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply NLS endorsement, sponsorship or recommendation of the third party, information, product or service. NLS is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.  Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.

USE OF THIS SITE

This Site and all its Contents are intended solely for personal, non-commercial use. You may download, copy and print one copy of the Contents and other downloadable materials displayed on this Site for your personal use only, and provided that you maintain all copyright and other notices contained on the Site or in the Contents. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, this Site or any related software in any form or by any means. All software used on this Site is the property of NLS or its suppliers or licensors and protected by Canadian, U.S. and international copyright laws. The content and software on this Site may be used only as a shopping resource or to shop on this Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.

PASSWORDS AND ACCOUNTS

You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer.  NLS is not under any obligation to verify the actual identity or authority of any user of a password and login name.  NLS may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password.  You agree that you are responsible for all activities that occur on your account.

You agree to notify NLS immediately in the event that the confidentiality of your account or password is compromised.  NLS has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard.

NLS may cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:  (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. NLS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from NLS on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Firefox, Chrome).

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to NLS on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments“) you grant NLS a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub-licensable right and license to use the Comments however NLS desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way.

For this reason, we ask that you not send us any comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.  NLS is and shall be under no obligation: (1) to display, maintain or use Comments in any way; (2) to maintain any Comments in confidence; (3) to pay to user any compensation for any Comments; or (4) to respond to any user Comments. You represent and warrant that any Comments submitted by you to the Site will not violate the terms and conditions of this Agreement or any right of any third party, including without limitation, copyright, trade-mark, publicity, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity and will not contain any personal information of any third party. You further represent and warrant that no Comments submitted by you to this Site will be or contain libelous or otherwise unlawful, threatening, defamatory, abusive or obscene material, or contain software viruses, disabling mechanisms, harmful content, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.  You will not impersonate any person or entity or misrepresent your affiliation to a person or entity.  You are and shall remain solely responsible for the content of any Comments you make.

You represent and warrant that you have the right to distribute and reproduce the Comments and to grant the license that you have granted above.  You hereby waive all your moral rights in the Comments for the benefit of NLS and its successors, assigns and licensees.

NLS reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant NLS the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify NLS and its affiliates for all claims resulting from or relating to any Comments you submit.

NLS and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

OBJECTIONABLE CONTENT

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use this Site and any service at your sole risk and that TLS and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent or objectionable.

SALE OF PRODUCTS & SERVICES

The sale of products and services on this Site is subject to the Terms of Sale.

QUANTITY LIMITS AND DEALER SALES

NLS reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account or the same credit card, and also to orders that use the same billing and/or shipping address. NLS will provide notification to the customer should such limits be applied. NLS also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from this Site for the purpose of engaging in a commercial sale of that same product(s) with a third party.

INDEMNIFICATION

You agree to defend, indemnify and hold NLS harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of this Site or any breach of this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect.

PRIVACY

NLS’ personal information practices on the Site, including the collection, use and/or disclosure of your personal information, are governed by NLS’ Privacy Policy.  Please review this privacy policy and print a copy for your records.

TERMINATION

The Agreement is effective unless and until terminated by either you or NLS. You may terminate this Agreement at any time, provided that you immediately discontinue any further use of this Site. NLS also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to this Site. Upon any termination of the Agreement by either you or NLS, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Agreement or otherwise, except for one copy of this Agreement and other materials applicable to your use of this Site or orders for products or services you have placed on the Site.

DISCLAIMER

THIS SITE IS PROVIDED BY NLS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TLS MAKES NO REPRESENTATIONS OR WARRANTIES, AND PROVIDES NO CONDITIONS, OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR SERVICES PROVIDED THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, TLS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED RELATING TO THIS SITE OR ANY CONTENT. TLS DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, LEGAL, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE DISPLAYED ON THIS SITE AND THAT THIS SITE WILL BE ERROR-FREE, CURRENT, UNINTERRUPTED, ACCURATE, AVAILABLE, RELIABLE, SECURE OR COMPLETE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TLS AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MANDATARIES, AGENTS, VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR DATA, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WALMART CANADA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT OR YOUR RIGHT TO USE THIS SITE.

THIS PROVISION SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

GENERAL

Except for the Terms of Sale which govern any purchase made on this Site, this Agreement represents the complete agreement between you and NLS in relation to the use of this Site and supersedes all prior agreements and representations between us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of NLS to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit NLS’ rights with respect to such breach or any subsequent breaches. NLS shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control.  You may not assign these Terms of Use to any third party without the prior written consent of NLS.  These Terms of Use will be binding upon and will enure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) NLS and its successors and assigns.  This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with NLS or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.  It is the express wish of the parties that this Agreement and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Terms of Sale

PRICES AND AVAILABILITY

ITEMS LISTED ON THIS SITE MAY NOT BE AVAILABLE OR IN-STOCK AT ALL TIMES FOR PURCHASE ON THE SITE OR AT ALL STORES. ALL PRICES ARE QUOTED AND PAYABLE IN CANADIAN DOLLARS. DUE TO COMPETITIVE MARKET PRESSURES, PRICES ARE SUBJECT TO CHANGE. TLS RESERVES THE RIGHT TO CORRECT, AT ANY TIME, ANY PRICING ERRORS. PRICES MAY VARY BY STORE.  PRICES IN STORES MAY VARY FROM ONLINE PRICES.

SHIPPING: If www.zwell.ca (“we”) has your product(s) in stock, we will email you a shipping notice confirming that the items have shipped and are en-route to you; that notice is our acceptance of your order. In-stock orders (excluding special delivery items) normally ship within 2 business days of placing your order. Out-of-stock orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen.

You may contact us at:

Natural Life Sciences

1400 Cornwall Road, Suite 12

Oakville, Ontario L6J 7W5

1-877-993-5522
email: info@zwell.ca

We reserve the right to limit quantities available for sale or sold.

We reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Web Site, we will provide you with an opportunity to place an order at the correct price.

Advertisements on our Web Site are invitations to you to make offers to purchase products and services on the Web Site and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order and forms a legally binding contract with NLS which operates zwell.ca.

The total price of your order will be charged to your credit card when our shipping notice email has been sent to your email address. If you wish to cancel an order, you may request a cancellation by logging into your account and cancelling your order or by calling 1-877-993-5522. However, we may not receive and process your cancellation request before we accept and ship your order, in which case your cancellation request may not be effective. If for any reason you are not completely satisfied with a product you have purchased, we will gladly give you a full refund or exchange. For your convenience, we also accept returns by mail: please call 1-877-993-5522 to find out how to make a return by mail. Shipping charges are non-refundable; however, we will refund your original shipping cost if you are returning an item because of an error on our part. We rely on the information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

Disclosure Statement

The information on the Site is not, nor should you construe it as a recommendation to you or anyone else to purchase or sell any of the products or services on the Site. In addition, the information on the Site is not meant to substitute for the advice provided by your physician or other medical professional. You should not use the information or products available on or through the Site for diagnosing or treating a health problem or disease, or prescribing any medication. Neither we, nor our officers, directors, employees, agents, third party content providers, sponsors, licensors or the like assume any obligation to update such information or advise on further developments relating to such information. You hereby acknowledge that any reliance upon such information, reports, commentary, or any other content, views, opinions, recommendations or advertisements is at your sole risk.

Zwell.ca is temporarily suspending online purchases. Please see your email for details.