Terms & Conditions of Sale
This (together with the documents referred to on it) explains the terms and conditions on which we, Daycome Pharmaceuticals Ltd. , supply any of our Products (“Products”) listed on the website (daycome.ca ) (our “Site”) to you or sold via mail or any other retailer. Please read these terms and conditions carefully before ordering any Products from us. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1.INFORMATION ABOUT US
Daycome Pharmaceuticals Ltd., is registered at 1438 Fletcher Rd, Saskatoon, SK S7M5T2, Canada.
“Daycome” is the registered trademark of Daycome Pharmaceuticals Ltd..
2. PRIVACY POLICY
2.1 It is important that you read and understand these Terms and Conditions in conjunction with our Privacy Policy before using the Services. This policy details the collection and processing of customers’ data.
2.2 To set up an account with us you must agree to these Terms & Conditions and our Privacy Policy. You will not be unable to set up an account on our platform and access or use the Services if you do not agree to these Terms & Conditions and Privacy Policy.
3 SERVICE AVAILABILITY
Our Products are approved for sale to resident individuals in CA and the United States.
4 YOUR STATUS
By placing an order through our Site, you warrant that:
4.1.1 You are legally capable of entering into binding contracts; and
4.1.2 You are at least 18 years old.
4.1.3 You are NOT pregnant or breastfeeding.
4.1.4 If taking any medication you have sought independent medical advice.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 After placing your order via our Site for Products, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products from us. All orders are subject to acceptance by us. We will notify you where Products may not be available.
5.2 Your Contract with us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled as soon as reasonably possible, and in any event within 30 days after the day we accept your order unless there are exceptional circumstances or we have notified of out of stocks or delays.
We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any delivery charge.
8. PRICE, PAYMENT, CANCELLATION and OFFERS
Price
8.1 The price of any Products (including any applicable delivery costs) will be as quoted on our Site and in promotional material from time to time, except in cases of obvious error.
8.2 Prices of Products are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order acknowledgement.
8. Payment and Cancellation
8.3 All new subscriptions will renew 21 days after the initial payment. Subsequent payments will be taken every calendar month on the same renewal date. If you wish to cancel your subscription, you can do so at any time once the three-month minimum commitment has elapsed and up to one day prior to your renewal date. To cancel your account, follow the steps outlined below in clause 8.5.
8.4 By subscribing to Daycome you are agreeing to pay recurring periodic subscriptions for an indefinite time until your account is cancelled by you or us. The price for this subscription is as set out on our website, www.daycome.ca.
8.5 To cancel your subscription please email info@daycome.ca and include your reason for cancelling. The concierge team will be happy to help.
8.6 We reserve the right, at our absolute discretion, not to renew your subscription at any time without giving any reasons for our decision.
8.7 Notwithstanding clause 9.1, our refunds policy applies only to the most recent order you have made. Previous or historic orders will only be refunded at our entire discretion.
Offers
8.10 Any promotion code or offer provided on our Site cannot be used in conjunction with any other promotion (current or historical).
8.11 Each promotion code or offer may be used only once per customer. If more than one customer is registered at the same delivery address our promotion code or offer may only be used by one customer registered to that address (on a one per household basis).
8.12 If it is found that more than one promotion code or offer has been used by the same customer or more than once per household: (1) only one product will be dispatched and the other orders cancelled. In such instances, we will notify you as soon as reasonably possible and refund you for any charges that may have been incurred on purchase; (2) if we suspect that you have used different email addresses or delivery addresses to get around this system, we may decide to count this as fraudulent activity; (3) for any order which has already been dispatched and, in our reasonable discretion, is deemed to be fraudulent, we reserve the right to charge the Product’s Recommended Retail Price (per fraudulent order, without the promotional discount), and any other reasonable charges which we may incur.
8.13 We reserve the right to withdraw or terminate any of our promotion codes or offers at any time. On withdrawal or termination, the promotion codes or offers may not be used for any orders placed after the date of such withdrawal or termination. We reserve the right to reject the use of any promotion codes or offers where fraud is suspected.
9. OUR REFUNDS POLICY
9.1 This section refers to all products. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 days of the delivery of the goods in question.
9.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or at our contact address of the problem within 37 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
9.2.1 to make good any shortage or non-delivery.
9.2.2 to replace any goods that are damaged or defective; or
9.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose. We will usually refund any money received from you for the Products using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as reasonably possible and, in any case, within 30 days of the day we received your cancellation or within 30 days of the day we confirmed to you via letter or e-mail that you were entitled to a refund of the price of the Products.
9.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 9.2.3 above.
9.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our Site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9.6 If you do not take delivery of the products or supply adequate delivery instructions, we may cancel your order and retain the products. In this event, we will refund you the price of the products, but you will still be liable to pay any delivery charges.
9.7 If you are not home when the Product is delivered, and you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 8.7 will apply.
9.8 If you enter incorrect details on your account, including but not limited to, your name, email address, delivery address and/or card details and you do not notify us within three (3) days of setting up the account, we will have no liability to you if your Products are not delivered to you.
9.9 We may end the contract for a Product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 working days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, including but not limited to delivery address or card details as required (c) you do not, within a reasonable time, allow us to deliver the Products to you or collect them from us;
9.10 If we end the contract in the situations set out in clause 9.9 we will refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract
9.11 Daycome will not assume responsibility nor liability for damaged products or delivery delays/problems when provided by third party organisations. Daycome goods will not be refunded or exchanged if purchased through or provided by third party organisations, retailers, wholesalers or resellers. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit and/or order from.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our Site is of satisfactory quality.
10.2 Our liability in connection with any Product purchased through our Site is strictly limited to the purchase price of that Product.
10.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or for fraud, or your statutory rights as a consumer.
10.4 We accept no liability for any loss or damage caused by us or our employees or agents:
10.4.1 where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
10.4.2 where such loss or damage is not a reasonably foreseeable result of any such breach;
10.4.3 for any increase in loss or damage resulting from breach by you of any terms of this contract.
11. WRITTEN COMMUNICATIONS
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.2 Where appropriate, Daycome reserve the right to send you electronic service communications related to your purchase where you have opted out of marketing communications.
12. Daycome WEBSITE – TERMS OF USAGE
These terms and conditions also set forth the legally binding terms for your use of the website (Daycome.ca) (our Site). Only private individuals aged 18 years or over are permitted to register for use of the Site. By using the Site you agree to be bound by these terms and conditions of use. If you do not agree with these terms and conditions of use, you should leave the Site immediately.
Daycome aims to provide up to date and accurate information on its Site. However, there can be no guarantee as to the accuracy of the information on the Site.
Our Privacy Policy sets out how we intend to collect and use any personal information on the Site. “Personal information” as used here and in our Privacy Policy means information relating to you as an individual such as name, address and contact details.
12.1 Registration
By becoming a registered user or using the Site, you are agreeing to the terms of this Policy and consent to the processing of personal information as described; if you do not agree with any of these terms, you should not become a registered user and should cease using the Site immediately.
We will assume that you accept our Privacy Policy if you use the Site and we reserve the right to change this policy at any time by amending the content of the Site. Your continued use of the Site will be deemed to be acceptance of these changes.
Your data or information generated from the usage of our Site may be transferred, sold or assigned to another third party as the result of a sale, transfer of business, merger, reorganisation, liquidation or change in control of Daycome.
12.2 Modification
We may modify these terms and conditions of use from time to time and such modification shall be effective upon posting on the Site. By continuing to use the Site, you agree to be bound by these terms and conditions as amended.
12.3 Your Account and Password
When you set up an account with us, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, screen name, or password of another registered user at any time or to disclose your password to any third party. You agree to notify us immediately by emailing info@daycome.ca if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
12.4 Proprietary rights in content on the websites
12.4.1 The Site contain content owned by Daycome (“Content”). The Content is protected by copyright, trademark, patent, trade secret and other laws and we retain all rights in the Content, the Site. We hereby grant you a limited, revocable, non-sub licensable license to retrieve and display the Content (excluding any software code) solely for your personal, non-commercial use to the extent necessary to view the Site and place orders via the Site. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or Content on the Site without prior written permission from Daycome. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us or for which we may become liable for (including but not limited to), all damages awarded against us under any judgement by a court of competent jurisdiction and all settlement sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
12.4.2 any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
12.4.3 any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature;
12.4.4 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you; or
12.4.5 other than claims arising from the use by you of the Site to order Product(s) in the normal manner.
12.4.6 The Site contains content owned by other licensors to us (“Third Party Content”). You may not, unless and to the extent otherwise specifically authorised by us, copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display or sell any content appearing on or through the Site. You may retrieve and display content from the Site on a computer screen, print a single copy of individual pages on paper, and store such pages in electronic form for your personal non-commercial use to the extent necessary to view the Site and make reasonable use of the Site.
12.5 Content/activity prohibited
The following is a non-exhaustive list of the types of activity that is illegal or prohibited on the Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this provision, including without limitation, reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to:
12.5.1 criminal activity or any tortuous act or civil wrong, pornography, incitement to racial hatred, incitement to terrorism, fraud, posting obscene material, drug dealing, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, trademark infringement, breach of confidence or theft of trade secrets;
12.5.2 covering or obscuring the banner advertisements on any page on the Sites via HTML/CSS or any other means;
12.5.3 any automated use of the system such as using scripts to perform automated operations;
12.5.4 interfering with, disrupting or creating an undue burden on the Site or the networks or services connected to the Site;
12.5.5 attempting to impersonate another user or person. For the avoidance of doubt, this includes but is not limited to, creating fake accounts;
12.5.6 using the account or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
12.5.7 using any information obtained from the Site to harass, abuse, or harm another person;
12.5.8 using the Site in a manner inconsistent with any and all applicable laws and regulations;
12.5.9 modifying, accessing or making available data stored on a computer device which you have accessed through our network, when either the owner of the data, computer or device has taken steps to prevent you from doing this or the owner has expressed a wish that you do not do this;
12.5.10 making available or uploading files that contain software or other material, data or information not owned or licensed to you or collecting information about others (e.g. names/addresses) without their prior consent;
12.5.11 gaining unauthorised access to other computer systems;
12.5.12 breaching any laws concerning the use of public communication networks;
12.5.13 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
12.5.14 making available, uploading and distributing by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
12.5.15 falsifying the true ownership of software or other material or information contained in files made available via the Site; or
12.5.16 obtaining or attempting to obtain unauthorised access, through whatever means, to the Site or computer systems or areas of our or any of our partners’ networks which are identified as restricted;
12.5.17 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
12.5.18 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
12.5.19 interfering with any other person’s use or enjoyment of the Site; or
12.5.20 interfering or disrupting networks or websites connected to the Site.
12.6 Disclaimers
The Site may contain links to other website locations, but we are not responsible for the content, accuracy or opinions expressed on such website locations, and such website locations are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website location on the Site does not imply approval or endorsement of the linked website location by us. When you access these third-party sites locations, you do so at your own risk. We take no responsibility for third party advertisements which are posted on the Site, nor do we take any responsibility for the goods or services provided by its advertisers. We accept no responsibility for any error, omission, interruption, deletion, corruption, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content provided through the Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, electronic networks, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to users or to any person’s computer related to, or resulting from, participation or downloading materials in connection with the Site . Under no circumstances shall we be responsible for any loss or damage resulting from use of the Site, from any content posted on or through the Site, or from the conduct of any users of the Site, whether online or offline. The Site is provided “AS-IS” and as available and we make no representations or warranties of any kind as to the Site or the content thereof, including without limitation, as to availability of the Site for access and use.
Also, your access to the Site may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new features. We will make reasonable attempts to limit the frequency and duration of any such suspension or restriction. In particular we expressly disclaim all warranties of fitness for a particular purpose, accuracy, completeness or non-infringement. We cannot guarantee and do not promise any specific results from use of the Site. Nothing in these terms and conditions shall be construed as limiting or excluding our liability for death or personal injury caused by negligence.
12.7 Indemnity
You agree to indemnify and hold us, our subsidiaries, and affiliates, and our respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of your use of the Site in violation of these terms and conditions and/or arising from your use of or conduct on the Site and/or a breach of these terms and conditions.
12.8 Our Products
12.8.1 Products and its packaging may vary slightly from their pictures. The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the Product accurately, your product may vary slightly from these images.
12.8.2 We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product. If we make more material changes to our Products, we shall inform you in writing of these changes and any relevant impact this may have on your use of the product.
13. NOTICES
All notices given by you to us must be given to Daycome, 1438 Fletcher Rd, Saskatoon, SK S7M5T2, Canada. or info@daycome.ca. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 Strikes, lock-outs or other industrial action.
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control.
15.2.4 Impossibility of the use of public or private telecommunications networks.
15.2.5 The acts, decrees, legislation, regulations or restrictions of any government.
15.2.6 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. MEDICAL
16.1 Our Products are not intended to treat, cure or prevent any disease, nor is the information supplied on our website, blog, social media or other promotional material intended to replace the individual advice available from your own doctor.
16.2 If you have a recurring or previously diagnosed health condition that concerns you, or are taking prescription medication, upon purchase of our products you agree to seek medical advice from your GP before taking our Products and/or making dietary and lifestyle changes.
16.3 If you experience an adverse reaction, stop taking our Products and seek medical advice immediately.
17. WAIVER
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to therein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 You and we each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18.4 The headings in these terms and conditions are for convenience only and have no legal or contractual effect. These terms and conditions operate to the fullest extent permissible by law.
18.5 If any provision of these terms and conditions is found to be unlawful, void or unenforceable, that provision is deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we sell you the Products (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our Site will be governed by Canada law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Canada.
