abattis.com, shop.abattis.com and shop-abattis-com.myshopify.com (collectively, the “Sites”, each a “Site”) are operated by Abattis Bioceuticals Corp. (“Abattis”). Throughout the Sites, the terms “we”, “us” and “our” refer to Abattis. Abattis offers these Sites, including all information, tools and services available from the Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Sites and/ or purchasing something from us through our online store at shop.abattis.com and shop-abattis-com.myshopify.com (“Store”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Sites. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sites or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Sites or the Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Sites. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Sites.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Sites through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk.
The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on our Sites. You agree that it is your responsibility to monitor changes to our Sites.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service (or any part thereof).
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Sites. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the Store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Sites is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Sites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on the Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – OWNERSHIP, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All of the content on or made available via the Sites, including without limitation all of the page headers, images, illustrations, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively “Material”) is the property of us or our licensors—as are all related trade-mark, copyright, patent and/or other intellectual property rights.
The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and Abattis owns all copyright in the selection, co-ordination, arrangement and enhancement of the Material.
Abattis Bioceuticals is a trade-mark and/or trade name of Abattis. All other company names, brand names, trade-marks and logos are the property of their respective owners. No part of the Services will be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including our trade-marks, except with the express written permission of us or such other party that may be the owner thereof.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Sites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Sites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Sites is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Sites, should be taken to indicate that all information in the Service or on any related Sites has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related Sites, other websites, or the Internet; or (l) copy any of the Materials. Furthermore, you are prohibited from: (i) selling, sublicensing and/or otherwise commercializing any content on the Sites; (ii) publicly performing and/or showing any content on the Sites; (iii) using the Sites in any way that is or may be damaging to the Sites; (iv) using this Sites in any way that impacts user access to the Sites; (v) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; or (vi) using the Sites to engage in any advertising or marketing. We reserve the right to terminate your use of the Service or any related Sites for violating any of the prohibited uses or conduct enumerated herein. You acknowledge and agree that certain areas of the Sites may be restricted from being accessed by you and Abattis may further restrict access by you to any areas of the Sites, at any time, in its absolute discretion. Any user ID(s) and password(s) you may have for the Sites are confidential and you must be maintain in confidence.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
The Sites are provided “as is,” with all faults, and Abattis expresses no representations or warranties, of any kind related to the Sites or the materials contained therein. Also, nothing contained on the Sites shall be interpreted as advising you.
You agree that from time to time we may remove the Service (or any part thereof) for indefinite periods of time or cancel the Service (or any part thereof) at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The
Service, Materials and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use.
We are not responsible for any loss, liability, damage (direct or indirect), personal injury, or expense of any nature that may occur to you or third-party recipients due to the use of products purchased in the Store. Furthermore, we are not liable for any of the previously mentioned scenarios that may occur due to our omission, delay, accidental, or inaccuracies of information stated on the Sites. We encourage every customer to research an item before purchasing it.
TO THE FULL EXTENT PERMITTED BY LAW, ABATTIS AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, THEIR CONTENTS, ALL SERVICES, AND ALL PRODUCTS PURCHASED IN THE STORE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the Material is accurate, complete, reliable, useful, timely or current or that the Sites will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Sites or your downloading of any Material, or inability to do any of the foregoing
In no case shall Abattis, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, exemplary or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract (including fundamental breach), tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. If you are dissatisfied with the Sites, any Material or with these Terms, your sole and exclusive remedy is to discontinue using the Sites. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Abattis, and our affiliates and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Sites.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. You may not assign, transfer or subcontract any of your rights or obligations under these Terms of Services, but Abattis may assign, transfer or subcontract these Terms and of Services and any rights or obligations thereunder without any notice to You.
SECTION 18 – GOVERNING LAW
These Terms of Service and your use of the Service (including access to the Sites) will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further agree that despite being available from a variety of jurisdictions, the Service (including access to the Sites) will be deemed solely based in the Province of British Columbia, Canada; and that the Service and the Sites will be deemed to be passive in nature and not giving rise to personal jurisdiction over Abattis in jurisdictions other than the Province of British Columbia. If a dispute arises hereunder, you agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Vancouver, British Columbia, Canada. The parties to such a dispute shall share any costs and fees, other than attorney fees associated with the mediation, equally. If the dispute is not resolved through mediation, the dispute shall be submitted to binding arbitration in Vancouver, British Columbia, Canada under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.. However, you agree that nothing herein precludes Abattis’ application for injunctive remedies or other urgent legal relief in any jurisdiction.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Sites. It is your responsibility to check our Sites periodically for changes. Your continued use of or access to our Sites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
SECTION 21 – CLASS ACTION WAIVER
You hereby agree to waive any class action proceeding or counterclaim against Abattis and its affiliates, successors and assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to these Terms of Service, the performance of either party, and/or your purchase from Abattis, its affiliates, successors or assigns of any goods or services.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com or you can reach us at 1-808-650-3007.
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Intellectual Property Rights
Other than the content you own, under these Terms, Abattis Bioceuticals Corp. and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Abattis Bioceuticals Corp. a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Abattis Bioceuticals Corp.reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided “as is,” with all faults, and Abattis Bioceuticals Corp.express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of Liability
In no event shall Abattis Bioceuticals Corp., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Abattis Bioceuticals Corp., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Abattis Bioceuticals Corp.from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Abattis Bioceuticals Corp.is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Abattis Bioceuticals Corp.is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Abattis Bioceuticals Corp.and you in relation to your use of this Website and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Province of British Columbia, and you submit to the non-exclusive jurisdiction of the provincial and federal courts located in British Columbia for the resolution of any disputes.
Last Updated: January 5, 2019