TERMS & CONDITIONS
V1.1 - Last Updated April 25th 2020
Your use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE AND DO NOT PLACE AN ORDER FOR A PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE.
1. Who is Eligible to Use the Website
This Website is intended for adults (age 18 or older). In order to use the Website, you must be (a) 18 years or older and have the legal capacity to enter into a binding contract with us; or (b) 13 years or older and if purchasing products or services, your parent or guardian consents to the Agreement and your parent or guardian has the legal capacity to enter into an Agreement with us. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.
2. Your Use of the Website
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not (without our prior written consent):
- I. copy, reproduce, rent, lease, loan, or sell content retrieved from the Website;
- II. modify, distribute, or re-post any content on the Website for any purpose; or
- III. use the content of the Website for any commercial purpose whatsoever.
When using the Website, you further agree:
- d. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website.
- e. not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website.
- f. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files.
- g. not to use, frame, or utilize framing techniques to enclose any CHF trademark, logo, or other proprietary information (including the images found on the Website or on any CHF social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without the company's written consent.
- h. not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
- i. not to use meta tags or any other "hidden text" utilizing a CHF company name, trademark, or product name without CHF's written consent.
- j. not to deep-link to the Website without the company's written consent.
- k. not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party's information on the Website.
- l. not to collect or store personal data about others.
- m. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access.
- o. to be bound by the company's submission policies, including that of any product, service, or idea you submit to any CHF company via this site or other site wherein your submission will not be held in confidence by CHF and is not proprietary, that CHF may use the submission and any aspect thereof for any purposes in CHF's sole discretion and that CHF owes no duties or obligations with respect to you or the submission you made to comply with all applicable laws regarding your use of the Website.
3. Our Intellectual Property Rights and the Intellectual Property Rights of Others
You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Rights notice or other notices displayed on or embedded in the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of CHF company's or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.
4. No Warranty Disclaimer
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. CHF DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CHF MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY CHF WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHF OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5. Links to third party websites
6. Product or Services available on or through the website
CHF reserves the right, without notice, to discontinue products or services or modify specifications and prices on products or services without incurring any obligation to you. CHF takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. However, when ordering products or services, please note that CHF does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product or service that you receive. If any item or service described on the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is to return it to us in an unused/unopened and undamaged condition in accordance with the Return Policy available on the Website. CHF's descriptions of, or references to, products or services not owned by CHF are not intended to imply endorsement of that product or constitute a warranty by CHF unless expressly stated on the Website.
7. Pricing Errors and Product or Service Unavailability
Prices, availability and other purchase terms are subject to change at any time and without notice. We make every effort to provide accurate pricing information and to ensure product or service availability. However, CHF reserves the right to revoke any offer to correct errors, inaccuracies, or omissions, including after receiving an order, after an order has been submitted and confirmed, or after your credit card has been charged. If your order is canceled because of an error, your credit card will be refunded the full amount of your order. Please allow for one full billing cycle to complete the refund process.
8. Order Placement and Acceptance
If you order a product or service, payment must be received by CHF before your order is accepted. CHF may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed.
Your order is conditioned on you accepting this Agreement. Once we receive your authorized order, and a form of payment has been received, we will promptly place your order in line for shipment or delivery. All items and services are subject to availability. We will notify you if any item or service order is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order, and if previously charged, your credit card will be refunded. CHF does not accept orders from dealers, wholesalers, or customers who are resellers or intend to resell items offered on the Website.
CHF will add applicable shipping and handling fees to your order. Unless otherwise stated, CHF will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed order. Although CHF may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery. If your order will be delayed, CHF will contact you at the e-mail or street address you provided when placing your order. If CHF is unable to contact you or you would like to cancel your order, CHF will cancel the order and refund the amount charged. CHF shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by CHF. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. CHF reserves the right to reject orders where the stated delivery address is outside Canada.
10. Payment Information
When ordering products or services through the Website, by telephone, or otherwise, you agree to provide only truthful, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order. CHF reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to CHF, or for any other reason that we, in our sole discretion, believe appropriate. You agree that your placement of an order on or through this the Website is sufficient to satisfy any applicable Statute of Frauds and no further writing is required.
11. Automatic Shipment Terms
If you are placing an order online, by telephone or other order method as part of an automatic renewal subscription, your subscription shall be in effect until it is cancelled. We may, in our sole discretion, terminate the subscription at any time without notice to you.
IF YOU PARTICIPATE IN AN AUTOMATIC RENEWAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SHIPMENT OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND AGREEMENT TO PARTICIPATE IN THE PROGRAM. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN AN AUTOMATIC RENEWAL SUBSCRIPTION, YOU MAY DO SO AT ANY TIME BY CONTACTING A CUSTOMER CARE PROFESSIONAL AT THE CONTACT INFORMATION PROVIDED ON THE WEBSITE.
You are obligated to provide current, complete, and accurate information for your account. You are responsible for updating all information, including credit card or payment information, to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft) or your shipment may be delayed or cancelled. Changes to such information can be made by contacting CHF. Please see the Website for information on how to contact a customer care professional. If you participate in an automatic shipment program using a credit card and your credit card fails to process for a subsequent shipment, CHF may contact you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection.
12. Return & Refund Policy
If you wish to return a product purchased from the Website, simply contact our Customer Care Department at the number listed on your shipping package to receive your Return Merchandise Authorization. You have thirty (30) days from the date you receive your product to request a refund of the purchase price. CHF is unable to refund your original shipping and handling cost. No refunds will be issued for any product after thirty (30) days from your delivery date. You can review your delivery date by using the provided tracking number located in your order confirmation email. To receive your refund, you must ship the product back to CHF at 10 Westcreek Drive, Unit 19, Woodbridge, ON L4L 9R5. You are responsible for the cost of shipping the product.
13. Return & Refund Policy
Please allow up to 30 days for CHF to process the refund for the purchase price of the product back to your credit or debit card. Your financial institution may take longer to reflect the refund transaction.
At CHF we try to always provide the highest level of service possible. If there is a problem with your order, please contact customer service through the "Contact Us" portal on the Website and provide as much information as you can about the problem including your order number and the name of the affected items. We will respond to you as quickly as possible. Please do not discard any items unless we direct you to do so.
14. Electronic Documents and Signatures
All information communicated on the Website is considered an electronic communication. When you communicate with any CHF company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "BUY NOW", "PURCHASE", "ORDER NOW", I ACCEPT", "I AGREE", or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including, without limitation, the CANADA EVIDENCE ACT or the
PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT or other similar statutes (and any revisions or amendments thereto), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
15. Communicating with CHF Companies
You understand that all telephone calls, live chats, and other communications such as personal messaging or social media posts to or from CHF are monitored and recorded, and you consent to such monitoring and recording.
You verify that any contact information provided to CHF is true and accurate. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to CHF and that by voluntarily providing your contact information to CHF, you agree to be contacted at the telephone numbers or at any other contact method you provide.
You consent to receive e-mails, pre-recorded voice messages, or autodialed calls (including text messages) by or on behalf of CHF relating to this Agreement, any purchase, or transaction with CHF, matters related to your account (including debt collection), and promotions regarding CHF products or services. These communications may be made by or on behalf of CHF, even if your phone number is registered on a Federal or Provincial Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or Internet carrier and that CHF will not be responsible for these charges.
CHF may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses, phone numbers, or other communication accounts provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide CHF notice within 30 days of any change to your contact information by writing to 10 Westcreek Drive, Unit 19, Woodbridge, ON L4L 9R5.
16. Limited Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CHF, ITS SUPPLIERS, REPRESENTATIVES, AFFILIATES, OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT, (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS.
You agree to indemnify and hold harmless CHF, and all directors, officers, employees, agents, contractors, co-branders, suppliers, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or its state law equivalent) relating to the provision of personal information (e.g., telephone number) to CHF that is not owned by you, in contravention of this Agreement; or (iv) your breach of this Agreement.
18. Termination, Suspension, Revision of Website
You agree that CHF may, in its sole discretion, and at any time, revise, terminate, or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that CHF shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. In the event of any change to your use of or access to the Website, you agree that the provisions of the Agreement regarding protection of intellectual property rights and license, indemnification, disclaimer regarding information provided on the website, disclaimer of warranties with respect to use of the website, limitation on CHF's liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination, suspension or revision.
19. CHF Remedies
In order to prevent or limit irreparable injury to CHF, in the event of any breach or threatened breach by you of the provisions of this Agreement, CHF shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting CHF from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
All trademarks and service marks displayed on the Website are the property of a CHF company or other respective owners. You may not use or display any trademarks or service marks owned by any CHF company without the company's prior written consent, and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.
22. Copyright Policy
CHF respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others.
23. Additional Terms