Terms of service

TERMS AND CONDITIONS OF USE AND ONLINE SALES 

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU, PLEASE READ IT CAREFULLY. 

  1. Acceptance of these Terms and Conditions of Use and Online Sales 

  1. These terms and conditions of use and online sales for https://sukinnaturals.ca/ (these “Terms and Conditions”) constitute a legal agreement and are entered into by and between you and TallGrass Natural Health Ltd. (“TallGrass”, “we”, “us”, our”). These Terms and Conditions govern your access to and use of, any content, functionality and services offered through the https://sukinnaturals.ca/ (this “Website”) including the purchase and sale of products manufactured by, supplied by or licensed by Sukin Canada (the “Supplier”) to TallGrass (the “Products”). 

  1. BY USING THIS WEBSITE, PLACING AN ORDER FOR PRODUCTS OR BY CLICKING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY  IN YOUR PROVINCE OR TERRITORY OF RESIDENCE TO FORM A BINDING CONTRACT AND YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS.  

  1. YOU MAY NOT ACCESS OR USE THIS WEBSITE OR PLACE AN ORDER FOR PRODUCTS IF YOU: (I) DO NOT AGREE TO THESE TERMS AND CONDITIONS; (II) ARE NOT OF THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE; OR (III) ARE OTHERWISE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF ITS CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW. 

  1. Modifications to these Terms and Conditions and to this Website 

  1. We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of this Website. You agree to periodically review these Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these modified Terms and Conditions. 

  1. The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of this Website is restricted to users or unavailable at any time or for any period. 

  1. Geographic Restrictions 

  1. TallGrass is based in British Columbia, Canada. We provide this Website and Products or services offered on this Website for use only by persons located in Canada. This Website and any Products or services offered on this Website are not intended for use in any jurisdiction where its use is not permitted. If you access this Website or purchase any Products from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. 

  1. Order Acceptance And Order Cancellation 

  1. You agree that your order is an offer to buy, under these Terms and Conditions, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. 

  1. You are purchasing the products from TallGrass.  TallGrass has the right to sell the products as the authorized and exclusive distributor of the Supplier. 

  1. Prices and Payment Terms 

  1. All prices, discounts, and promotions posted on this Website are subject to change without notice.  

  1. All prices posted on this Website are in Canadian dollars. 

  1. Subject to these Terms and Conditions: 

  1. The price charged for a Product will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable.  

  1. The price charged will be clearly stated in your order confirmation email.  

  1. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email.  

  1. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 

  1. Payment must be received by us before our acceptance of an order. We accept visa and mastercard for all purchases.  

  1. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on this Website at the time of your order. 

  1. Shipments, Delivery, Title and Risk of Loss 

  1. We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation email. 

  1. Title and risk of loss pass to you upon our transfer of the Products to the applicable carrier.  

  1. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 

  1. ReturnTallgrass’s Returns and Refunds Policy 

  1. All orders or purchases of Products made through this Website are subject to the terms and conditions of our return policy can be found at https://sukinnaturals.ca/policies/refund-policy (the “Return Policy”) which is incorporated into these Terms and Conditions.) 

  1. Cooperation 

  1. You will provide your full cooperation and assistance to TallGrass to enable it to comply with its obligations under applicable laws, including applicable laws enforced by Health Canada, and any Product recall. 

  1. Manufacturer’s Warranty 

  1. We do not manufacture any of the Products. Accordingly, we disclaim any representations, warranties or conditions with respect to the Products. The Products offered on this Website may be covered by a manufacturer's warranty as detailed in the Product's description on this Website or included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer's warranty, if any. 

  1. DISCLAIMER OF WARRANTIES  

  1. THIS WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

  1. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF REPRESENTATION, WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS, IF ANY, TO YOU. 

  1. LIMITATION OF LIABILITY 

  1. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN TALLGRASS AND YOU UNDER THESE TERMS AND CONDITIONS. THIS WEBSITE AND THE  PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 

  1. IN NO EVENT SHALL TALLGRASS, SUPPLIER, THEIR RESPECTIVE  AFFILIATES, SERVICE PROVIDERS, LICENSORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS OF ANY OF THEM (THE “TALLGRASS PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, EXPENSES, COSTS, LOSSES OR DAMAGES,  CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, BODILY INJURY OR DEATH AND REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

  1. THE TALLGRASS PARTIES SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. 

  1. NO RELIANCE 

  1. TallGrass does not make any representations, warranties or guarantees, express or implied, that the content posted or otherwise available on or through this Website or any Products, including medical or health information (collectively, the “Information”) is accurate, complete or up to date. Any Information is provided for general information purposes only and is not intended to amount to advice on which you should rely. The TallGrass Parties areis not and shall not be responsible or liable to you or anyone else for any action or decision taken in reliance upon the Information.  

  1. THE INFORMATION AND ANY PRODUCTS SHOULD ONLY BE USED IN CONSULTATION WITH A QUALIFIED HEALTH PRACTITIONER AND SHOULD NOT BE CONSIDERED A REPLACEMENT, SUBSTITUTE, OR ALTERNATIVE TO A QUALIFIED HEALTH PRACTITIONER DIAGNOSING, TREATING OR PREVENTING A HEALTH PROBLEM OR ILLNESS OR PRESCRIBING MEDICATION.  

  1. This Website and the Products may include content provided by third parties, including from other users and third-party licensors. All statements or opinions expressed in any such third-party content, other than the content provided by TallGrass, are solely the opinions and the responsibility of the person or entity providing such content. Such materials do not necessarily reflect the opinion of TallGrass. The TallGrass Parties are not and shall not be responsible or liable to you or anyone else for the content or accuracy of any third-party content. 

  1. Indemnification 

  1. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the TallGrass Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions, your use of this Website or use of the Products other than as expressly authorized in these Terms and Conditions. 

  1. Goods Not for Resale or Export.  

  1. You represent and warrant that you are buying Products for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada. 

  1. Your use of this Website and Products 

  1. As a condition of your access and use of this Website and any Products, you agree that you may use this Website and any Products only for lawful purposes and in accordance with these Terms and Conditions.  

  1. Without limiting the foregoing, you warrant and agree that your use of this Website and any Products will not: 

  1. in any manner violate the terms of use of any third-party website that is linked to this Website, including but not limited to, any third-party social media website; 

  1. involve, provide, or contribute any false, inaccurate, or misleading information; 

  1. impersonate or attempt to impersonate TallGrass, its affiliates, suppliers or licensors, their employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); 

  1. encourage any other conduct that restricts or inhibits anyone's use or enjoyment of this Website, or which, as determined by us, may harm the TallGrass Parties, users of this Website or expose them to liability; 

  1. promote any illegal activity, or advocate, promote, or assist any unlawful act; or 

  1. in any manner violate any applicable laws including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions. 

  1. Security 

  1. The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

  1. The safety and security of your information also depends on you. You are required to ensure that all persons on whose behalf you may access this Website are aware of these Terms and Conditions and comply with them. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. 

  1. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to this Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on this Website. 

  1. Your provision of information and any submissions you make to this Website through any functionality such as applications, e-mail, online forms, quizzes, surveys, customer reviews and other such functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://sukinnaturals.ca/policies/privacy-policy. 

  1. You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (i) accessing content and data that is not intended for you; (ii) attempting to breach or breaching the security or authentication measures which are not authorized; (iii) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (iv) illicitly reproducing TCP/IP packet header; (v) disrupting network services and otherwise disrupting Website owner's ability to monitor this Website; (vi) using any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website; (vii) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (viii) attacking this Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (ix) otherwise attempting to interfere with the proper working of this Website. 

  1. Third Party Websites 

  1. For your convenience, this Website may provide links to third party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such third-party sites, you do so at your own risk. We have no control over the contents of any such third party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third party sites. 

  1. Intellectual Property Rights and Ownership 

  1. You understand and agree that this Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by TallGrass, its affiliates, licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. 

  1. The Supplier’s name, the Supplier’s logo, our name, our trademarks and our logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of TallGrass, Supplier or their respective affiliates or licensors.  You must not use such trademarks without the prior written permission of TallGrass. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website or any Products are the trademarks of their respective owners. Use of any such trademarks, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. 

  1. You may only use this Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except: 

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and 

  1. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever. 

  1. You have no right, title, or interest in or to this Website or to any content on this Website, and all rights not expressly granted are reserved by TallGrass. Any use of this Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws. 

  1. Force Majeure  

  1. TallGrass shall not be liable or responsible to you, or be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any of its obligations set out in these Terms and Conditions , when and to the extent TallGrass’ failure or delay is caused by or results from acts beyond the TallGrass’ reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms and Conditions; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of TallGrass.  

TallGrass shall give notice to you within 30 days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. TallGrass shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. TallGrass shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that TallGrass’ failure or delay remains uncured for a period of 30 days following written notice given by it under this Section 19(a), either party may thereafter terminate the purchase or sale made in accordance with these Terms and Conditions upon 10 days' written notice. 

  1. Governing Law and Choice of Forum 

  1. All matters arising out of or relating to these Terms and Conditions are governed by and construed in accordance with the laws of Province of British Columbia and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule of any other jurisdiction). 

  1. Any action or proceeding arising out of or relating to this Website, Products or these Terms and Conditions will be instituted in the courts of the Province of British Columbia or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. 

  1. General 

  1. Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 

  1. Severability. If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. 

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms and Conditions is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions. 

  1. No third-party beneficiaries. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person or entity other than you. 

  1. Notices to you. We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) posting to this Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and periodically review the Website for any notices to you, including information regarding product recalls.  

  1. Notices to us. To give us notice under these Terms and Conditions, you must contact as follows:  

  1. Email: info@tallgrass.ca

  2. Mail: TallGrass Natural Health 850 - 777 W Broadway, Vancouver, BC, Canada V5Z 4J7

Notices provided by personal delivery will be effective immediately. Notices provided by fax transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. 

  1. Entire Agreement. Our order confirmation, the Return Policy and these Terms and Conditions constitute the sole and entire agreement between you and TallGrass regarding this Website and any Products, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. 

  1. Interpretation. For the purposes of these Terms and Conditions: (i) all references in these Terms and Conditions to a designated “Section” is to the designated section of these Terms and Conditions; (ii) the words “herein”, “hereof” and “hereunder” and other words of similar import refer to these Terms  and Conditions as a whole and not to any particular Section, or other subdivision; (iii) the singular of any term includes the plural and vice versa, and the use of any gendered term (whether masculine, feminine or neuter) is equally applicable to any other gender; (iv) the word “or” is not exclusive and the word “including” is not limiting; and (v) the headings in this Agreement are inserted for convenience or reference only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Agreement or any provision of this Agreement. 

  1. Independent Legal Advice. You expressly acknowledge and agree that you have: (i) read and fully understand the contents of these Terms and Conditions in their entirety; (ii) the right to obtain independent legal advice prior to accepting these Terms and Conditions and have had a reasonable opportunity to do so; and (iii) either obtained independent legal advice with respect to these Terms and Conditions or declined to seek such advice.