Terms and Conditions

Terms and Conditions

1. Terms of Use and Access

Welcome to the Spiraveg Foods West Ltd. web site! You should carefully read and consider the following Terms of Use before using our web site, as these Terms of Use contain the legal terms and conditions that will: (i) govern your use of the Web Site; and (ii) materially impact your legal rights and obligations in respect of Spiraveg and others.

2. Acceptance of Terms of Use

Your use of the Web Site is expressly conditioned on your acceptance without modification of the Terms of Use. By using this Web Site, you agree, without limitation or qualification, that you have read, understood and will be bound by these Terms of Use.

3. Modifications to Terms of Use.

Although we will make every effort to post changes to these Terms of Use as soon as they occur, Spiraveg reserves the right, in its sole and absolute discretion, to modify these Terms of Use at any time without prior notice to you by posting the amended Terms of Use to this web page. Your continued use of this Web Site after any such amendment constitutes your acceptance of the amended Terms of Use. If you do not agree to any future amendments, do not use or access (or continue to use or access) this Website.

4. Eligibility

This Web Site is intended for access and use by individuals 18 years of age and older. By accessing and using the Web site, you are certifying that you are at least 18 years old and that you have the capacity to understand and make informed decisions in respect of these Terms of Use and any and all information hosted on this Web Site or on third party websites linked to from this Web Site, whether created by us, users of this Web Site or third parties.

5. Not Medical Advice

All content on this Web Site, including, text, images, links, suggestions, programs, videos, guidance, and all other material posted or hosted by this Website (collectively the “Information”), will not be deemed or understood by you to be medical advice, opinion, diagnosis or treatment. Spiraveg does not practice medicine or provide medical care. Spirulina is not a substitute for, nor can it replace, professional advice, diagnosis or treatment. You are encouraged to consult with medical professionals on a regular and ongoing basis as a fundamental and essential part of maintaining general health and treatment of medical conditions, which may be known or unknown to you.

6. Health Claims

Spirulina has formed the subject of medical health studies conducted by reputed, independent researchers and published in reputable scientific and medical journals. A relationship between Spirulina and positive health outcomes in animals has been corroborated in the scientific literature and is generally supported by medical literature on this issue. However, consensus within the scientific community as to the association, causal and/or correlative, between Spirulina and positive health outcomes in humans has not been definitively established. For the foregoing reasons, the Information on this Web Site will not be deemed or understood by you to be a health claim in respect of the impacts of Spirulina on human health, including use of Spirulina as a treatment, preventative measure or cure for any disease or health condition. You further accept and acknowledge that the use of Spirulina may involve significant unknown risks and that the Information may include uncertainties, assumptions and other factors that may cause actual results or performance to differ materially from information provided in the Information.

See Also Paragraph 10 – Liability Disclaimer

7. Proprietary Rights

This Web Site and all content on this Web Site, including, text, images, links, suggestions, programs, videos, guidance, and other material is owned by Spiraveg Foods Ltd. or its third party licensors and is protected by the intellectual property laws of Canada and if applicable, internationally, unless such content is identified as User Content pursuant to Paragraph 9 of these Terms of Use. Nothing found on this Web Site may be copied, reproduced, published or republished, transmitted, distributed, sold, licensed, transferred, communicated or modified without the prior express written consent of Spiraveg. All trade marks, registered or not, service marks and trade names are the property of Spiraveg or the property of third party licensors who have been granted the right and license to use such marks. You may not reproduce, post or distribute any copyright material, trade marks or other proprietary information without obtaining prior consent of the owner of such proprietary rights.

8. Commercial Users

Commercial activity involving natural health products is subject to stringent government regulation in Canada. The manufacturing, packaging, labelling and importation of natural health products may be subject to restrictions pursuant to federal and provincial legislation, including without limitation, the Natural Health Products Regulation (Canada). If you are accessing or using this Web Site for commercial reasons, you are solely responsible for compliance with all laws.

9. User Content

You will be permitted, in our sole discretion, to post, upload, publish, submit or transmit content including without limitation User comments reviews (“User Content”) to this Web Site. If you access this Web Site from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws. We shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within your User content. We further make no claim of ownership or interest in your User Content, provided that you hereby grant to Spiraveg a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, modify, syndicate, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, make derivative works of and otherwise exploit such User Content on, through, or by means of the Web Site or through any other channel in any format.

Spiraveg has no control over User Content. Accordingly, we do not assume any liability for any User Content published by you or any other User of the Application, or for any action, you take in reliance on the User Content published by any other User, including without limitation information contained in any post. Spiraveg assumes no responsibility for any User’s compliance with any law, rule or regulation with respect to such User Content. Accordingly, you agree: you are solely responsible for all User Content that you make available through the Website and the consequences of posting or publishing it, including photographs taken by Spiraveg for your use; all User Content you provide will be accurate; you will maintain and update all User Content; Spiraveg does not screen any Content, but in its sole discretion, will have the right to do so and to remove any Content that violates these Terms of Use or is otherwise objectionable in its sole discretion.

Additionally, you represent and warrant that: you either are the sole and exclusive owner of all User Content or you have all necessary rights to grant Spiraveg the rights you agree to so grant herein with respect to such User Content. Your User Content will not violate any law or the intellectual property rights of any other party; all of your User Content is truthful and accurate and in compliance with all laws of the local, municipal, provincial, state and federal jurisdictions, and no posting you provide on the Web Site will breach any agreement or conflict with the rights of any third party.

10. Liability Disclaimer

Except as explicitly provided in these Terms of Use, as amended from time to time, Spiraveg, its subsidiaries, affiliates and each of their respective directors, officers, shareholders, employees, agents, representatives, contractors, suppliers and third party providers (collectively the “Third Parties”) make no representations or warranties of any kind, express or implied, regarding the Information, all of which is provided on an “as is” and “as available” basis. Spiraveg and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the Information and expressly disclaim all warranties and conditions in respect of the Information.

By using this Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users of the Website, including User Content, or other third parties will be limited to the particular user or third party that caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Spiraveg and/or the Third Parties with respect to such actions or omissions. If you have a dispute with one or more users or Third Parties, you release us and the Third Parties from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Website.

11. Maximum Liability

If Spiraveg or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with the Web Site or the Information, the liability of Spiraveg and the Third Parties will in no event exceed in the aggregate $2,000.00 (Canadian currency).

In no event will Spiraveg or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with your use of the Web Site, the Information, or the products or services offered on the web site, even if advised of the possibility of damages.

The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you, and Spiraveg acknowledges that in that case, parts of these Terms of Use will not be binding upon you.

12. Indemnification

You will indemnify and save harmless Spiraveg and the Third Parties from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (a) your connection to, access or use of this Web Site; (b) your violation of these Terms of Use; (c) any injuries, losses, damages or any kind arising in connection with or as a result of a health claim or medical advice; (d) your interaction with any User; (e) any claim or damage arising as a result of your User Content; (f) your violation of any law, rule or regulation of Canada or any other country; and/or (g) any violation of the rights of any other person or entity.

13. General Provisions

These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by us without restriction. If Spiraveg fails to exercise or enforce any right or provision of these Terms of Use, such failure shall not operate as a waiver of such right or provision. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. The relationship between Spiraveg and you will be that of independent contractors, and neither us nor any of the Third Parties will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use. These Terms of Use will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use.

14. Governing Law and Attornment

You irrevocably consent and submit to the exclusive jurisdiction of the courts located in the City of Calgary, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of the Web Site and these Terms of Use. These Terms of Use will be governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable in that Province.

15. Entire Agreement

These Terms of Use, together with those incorporated or referred to in these Terms of Use, constitute the entire and exclusive agreement between us pertaining to the subject matter of these Terms of Use and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter, and may not be amended or modified except by Spiraveg as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms of Use. No party has been induced to enter into these Terms of Use in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use.

16. Arbitration and Mediation
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to these Terms of Use, including those relating to its validity, its construction, or its enforceability, or to the use of this Web Site (collectively “Disputes”) shall be settled by binding arbitration. You acknowledge and agree that you and Spiraveg are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding in any jurisdiction. Further, unless Spiraveg agrees in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

The arbitration shall be conducted in accordance with the Arbitration Act, RSA 2000, c A-43, as amended from time to time.

17. Electronic Communications and Notices

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use will be given in writing by Spiraveg via e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Any notice or communication by you to Spiraveg must be directed to Spiraveg’s mailing address or email address as set out hereunder.

The legal business name of Spiraveg is Spiraveg Foods West Ltd. Please direct enquiries to Spiraveg’s mailing address at Suite 613, 3545 – 32 Ave NE, Calgary AB, T1Y 6M6, or by telephone at (403) 230-1215, or e-mail admin@spiraveg.com.

18. English Language

The parties have requested that these Terms of Use and all documents contemplated by these Terms and Conditions be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

19. Privacy Policy

By Accepting these Terms of Use, you represent and warrant that you have read and understood our privacy policy, which can be located here.