Terms & Conditions
TERMS AND CONDITIONS OF
Last updated: January 1, 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon this website (the “Website”) maintained by Total Potential Ltd. (“we”, “us” or “our”). References in these Terms and Conditions to the Website includes the following website(s): [www.totalpotential.ca] and all associated web pages.
By accessing or using the Website, you indicate that you have read, understood and agreed to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We reserve the right to update these Terms and Conditions at any time in our sole discretion without notice, effective immediately upon its posting to the Website. You waive any right you may have to receive specific notice of such updates. Your continued use of the Website will confirm your acceptance to the updated Terms and Conditions. If you do not agree to the updated Terms and Conditions, you must stop using the Website.
- INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes, without limitation, materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including, without limitation, to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of us; All rights reserved.
- USE OF COMPANY MATERIALS
We may provide you with certain information or software (that is our copyrighted work and/or that of our licensors) as a result of your use of the Website including, without limitation, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or the provision of services (the “Services”) by us to you (collectively, the “Company Materials“). The Company Materials must not be used for any purpose other than the use of the Website and the Services offered on the Website and, in respect of any software made available by us to you, in accordance with the terms of the end user licence agreement. Nothing in these Terms and Conditions may be interpreted as granting any license of intellectual property rights to you.
- USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
- ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an “Account“):
- a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
- b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
- c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. We advise you to pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store information regarding such payment instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms and Conditions, or if we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your payment instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Payment for any on-going services is billed automatically until you notify us in writing that you would like to terminate your access to the Services.
- SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
- HYPERLINKS AND THIRD PARTY WEBSITES – NO ENDORSEMENT
The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and references to any third party website does not constitute an endorsement of such third party’s website, products or services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services or information linked to from our Website. Your use of a third party website may be governed by the terms and conditions of that third party website.
- SHIPPING, DELIVERY AND RETURN POLICY
You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products. For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment. Shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
For any questions, concerns, or disputes, or if you are unhappy with anything you have purchased on the Website, you agree to contact us in a timely manner at the following:
- AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
- ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Total Potential Ltd.
You further agree not to use and/or access the Website:
- a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- b) To violate any intellectual property rights of us or any third party;
- c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- d) To perpetrate any fraud;
- e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- f) To publish or distribute any obscene or defamatory material;
- g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
- h) To unlawfully gather information about others.
- PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where we may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued positive experience on the Website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for a reasonable period of time to be determined by us in accordance with applicable federal and provincial laws. After this period, all information about you will be deleted.
- ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Total Potential Ltd. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
- REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
- b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- DATA LOSS
We are not responsible for the security of your Account or User Generated Content. Your use of the Website is at your own risk.
You defend and indemnify Total Potential Ltd. and any of its affiliates or licensors and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.
- SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the remainder, effective version of these Terms and Conditions shall be considered enforceable and valid to the fullest extent.
- SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
- TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
- NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any of the Services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
- LIMITATION ON LIABILITY
You agree that your use of the Website is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Website, including without limitation as to completeness, accuracy and currency or any content on the Website, or as to satisfactory quality, or fitness for particular purpose.
To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any content, the unavailability of the Website for whatsoever reason, and any representation or statement made on the Website.
We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Website, for example if you lose revenue, salary, profits or reputation as a result of your use of the Website and/or the acts or omissions of any third party such as other users of the Website or any other indirect or consequential loss or damage you may incur in relation to the Website and its content.
The maximum liability of Total Potential Ltd. arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Total Potential Ltd. in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Website or for any other statutory rights which are not capable of being excluded.
- GOVERNING LAW
The laws of the Province of British Columbia and the laws of Canada shall govern the use of this Website and the interpretation, validity and effect of these Terms and Conditions.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province, or territory determined solely by Total Potential Ltd. To resolve any legal matter arising from the Terms and Conditions or related to your use of the Total Potential website (totalpotential.ca). If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and Conditions and the remaining terms and conditions will continue to be valid in full force and effect.
Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address as shown on the Website and all notices from us to you will be displayed on the Website from time to time or, alternatively, at our sole discretion, to the last email address we have in our records relating to you.