-Terms & Conditions 2017-04-18T20:30:55+00:00

TERMS AND CONDITIONS

Thank you for choosing THE MARPHYL MARINE PHYTOPLANKTON INC. (the « Marphyl™ », « we », « us »). Welcome to our Terms and Conditions (the « Terms ») which apply to the use of this website, www.marphyl.com (the « Site »). The Site is owned and operated by THE MARPHYL MARINE PHYTOPLANKTON COMPANY INC., a British Columbia corporation with offices at 3057 Shamrock Place, Nanaimo, British Columbia, V9T 2Z6, Canada. By placing an order, subscribing to a membership, or visiting this Site, you will be contracting with Marphyl™ and agreeing to be bound by these Terms. They affect your legal rights, so please read them carefully and our Privacy Policy (www.marphyl.com/privacy-policy) before using the Site. If you do not agree with any of these Terms, do not use this Site.

We wish to draw your attention to the following points:

 

1. PURPOSES

We maintain this Site for (1) private consumer target only; (2) for personal and informational purposes. This Site contains health information and aims to enhance your understanding of using marine phytoplankton as a supplement, or in other indicated use, such as with sea salt or as a soil enhancer (the « Products»). You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. Any of the new Products or Services which are added to the Site will also be subject to these Terms.

 

2. MEDICAL INFORMATION

The content on or made available through the Site is not intended to provide and does not constitute medical or healthcare advice, diagnosis nor can it be relied upon as preventative care, cure or treatment for any disease or medical condition. You should consult with a qualified healthcare professional for advice regarding the diagnosis and treatment of any health problem and before starting any natural health product, vitamin, herbal or dietary supplementation, diet, exercise or other medication program. Your use of information available on or through this Site is your own responsibility and at your own risk. You are ultimately responsible for making your own health-related decisions. Neither Marphyl™ nor any third parties shall be liable for any health-related decisions you decide to make on the basis of this information.

 

3. PRODUCT OR SERVICES

Certain products may be available exclusively online through the Site. These Products may have limited quantities and are subject to a return policy detailed hereafter. We reserve the right, but are not obligated, to limit the sales of the Products that we offer to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Namely, we do not sell our products to Mexico. For example, we will limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or that use the same billing and/or shipping address.

 

4. INTELLECTUAL PROPERTY

All text, data, images, illustrations, graphics, page layout, design, icons, and other materials which are displayed on the Site (the « Materials ») are the property of Marphyl™ and are or may be subject to the protection of Canadian copyright and trademark laws in international treaties applicable, all right reserved. The “Marphyl™” brand is a trademark, registered or in the process of being registered, in Canada, the United States and in Europe. You do not have the permission, except where expressly authorized to do so, to modify, transmit, reuse, copy, reproduce, republish, upload, post, transmit, or distribute in any way these Materials (the « Restrictions »), without the express written permission of Marphyl™. The use of any Material on any other site or networked computer environment is prohibited without our express consent. If you find a copyright or trademark infringement on the Site, please contact the following: info@marphyl.com.

 

5. LICENCE

We grant you a limited, non-exclusive, revocable license to make use of our Services and a limited, non-exclusive, revocable license to access to the Materials for personal viewing only. This grant does not constitute a transfer of title. The license shall automatically terminate if you violate any of the Restrictions and may be terminated by us at any time. Marphyl™ also reserves the right, in its sole discretion, to take such steps as it deems necessary, including legal action, to restrain an unauthorized use of the Site or of the Materials.

 

6. REQUIREMENTS

By placing an order or purchasing one of our products, you represent and warrant that you are at least the age of majority in your state, province and country of residence, and that you are an individual consumer. You are also representing that the product is being ordered solely for your personal use, and that you will not market, resell or otherwise distribute the product to any third party for commercial purposes.

 

7. PRICES AND TAXES

The prices for the products ordered on this Site are all in Canadian dollars and do not include handling fees and estimated taxes. Although Marphyl™ put reasonable efforts to provide accurate information including for the price, errors can occur. We reserve the right in our sole discretion to correct the price and to modify it, without prior notice. Marphyl™ cannot confirm a price before the order of a product is made. In case of an error, we can decide to cancel the order or refuse it and reverse the charges that have been applied, as the case may be. We may contact you for a new order for the product.

 

8. PURCHASES

The sale of products on this Site could be dependent on other conditions that will be communicated to you at the time of sale. All advertising on this Site are invitations and not offers.
Once the order is received by Marphyl™, you will receive confirmation of your order online via an e-mail to the address that you will provide us or the address identified in your existing account. A purchase contract between you and Marphyl™ is therefore made at the point of shipment, rather than at the point of payment.
The products sold on this Site may be subject to customs, taxes or other export control laws. You agree to abide by all such applicable laws.

 

9. REGISTRATION

In case of a membership, you will first need to register by choosing your user name and completing our online checkout process. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Keep in mind that the registration to our services is made without a term and will run as long as you do not cancel your membership. You are responsible for protecting your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify as immediately.

 

10. PAYMENT

You can pay for the Product using major credit cards providers and Paypal throughout our secured Site.
By doing so, you authorize Marphyl™ to charge the credit card to your purchase. You represent that you are the owner of the credit card.
Your credit card will be charged each month on the anniversary date of the membership.
Charges will appear listed on your statement as « THE MARPHYL MARINE PHYTOPLANKTON COMPANY INC. »

 

11. CANCELLATION

If the transaction is rejected by the credit card company, the order will not be fulfilled. Also Marphyl™ has the discretion to cancel the order if a credit or fraud problem is identified. All information provided to us to buy our products must be accurate and true. Any inaccuracy or lie constitute a breach of the Terms.
You are entitled to cancel your membership at least 2 days before the monthly anniversary date of your membership.

 

12. SHIPMENT

Once an order is placed, we will take 1 to 2 business days to process it at most. Your order will be shipped either by Canada Post, UPS, DHL, Fedex or a third party carrier. The identity of the carrier will appear on your shipping confirmation. You will receive your order from 4 to 7 business days if your place of delivery is situated in North America and 7 to 10 business days elsewhere. Keep in mind that your order could take longer to arrive depending on the postal service.
Marphyl™ is not responsible for any loss of the products following shipment of the purchased products to your delivery address. For example, if any of the details you have provided us in your delivery address are incorrect, we are not responsible for purchased products which are not received. The shipping fees will be charged to you and shown on your invoice for acceptance of the order at the time of the sale of the Products.

 

13. RETURN AND REFUND

We always put our best effort to send your products in perfect condition. However, occasionally a problem might arise. If your order is damaged or is the wrong item, you may email us. We will then advise you on whether you are eligible for a refund or replacement. Please note that the package needs to be sealed to be eligible for a refund. If anything, email us at info@marphyl.com.

 

14. SAFETY

Our Products are in compliance with the Canadian Food Inspection Agency’s regulations. The ingredients used in our Products have Health Canada approval and are licensed to Marphyl™ or Marphyl™’s licensor.

 

15. DISCLAIMER

While Marphyl™ uses reasonable efforts to include accurate and up-to-date information on the Site, the Materials are provided « as is ». Marphyl™ disclaims and negate all liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site. We make no warranties, expressed or implied, nor representations as to the accuracy, correctness, reliability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights or otherwise with respect to such information or on any sites linked to this Site.

 

16. DAMAGES

In no event shall Marphyl™ be liable for any damages (including, without limitation, damages for the loss of data or profit, or due to business interruption), arising out of the use or inability to use the Materials, even if Marphyl™ has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

17. REVISION, ERRATA, UPDATES

Occasionally, the materials appearing on this Site could include technical, typographical or photographic errors, or outdated information. We reserve the right to make changes to the Materials at any time without notice. We will do our best to notify users of significant changes. However, we do not, make any commitment to update the materials. We encourage you to visit our Site from time to time to check for updates.

 

18. LINKED SITES

This Site may contain links to other websites operated by third parties. These links are provided as a convenience to access the information contained therein because we feel that they may be of interest to you. When you click on one of the provided links, you may be leaving to enter another site on the web. Marphyl™ has not necessarily reviewed all of the linked sites and is not responsible for their contents, nor for their performance of screening such third-party websites. The inclusion of any link does not imply an endorsement of the content of linked site. Use of any such linked website is at your own risk.

 

19. SUBMISSION

Although we are sincerely complimented that you thought to send us an idea or concept, we are unable to accept ideas and suggestions (“Submission”) from outside the company. We genuinely appreciate your interest, but do not want to foster false expectations as to the origin of any idea. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of Marphyl™.

 

20. MODIFICATION SITE

Marphyl™ may, at its sole discretion, change, add, or delete portions of these Terms on a going-forward basis. You can review the most current version of the Terms at any time at this page. Your continued use of the Site will indicate that you are agreeing to be bound by the updated version of these Terms.
Please print and keep a copy of this Agreement.

 

21. PRIVACY

Your use of the Site is subject to Marphyl™’s Privacy Policy. We are committed to protecting your privacy. Please read carefully the Privacy Policy which governs the use of any of your personal information and informs you on our data collection practices.

 

22. INDEMNITY

You agree to indemnify and hold harmless Marphyl™, its affiliates, and their respective directors, officers, employees, agents and shareholders, representatives from and against any and all claims, losses, costs and expenses, including reasonable attorney fees, arising out of your violation of these Terms or of any third party right including, without limitation, any copyright, property, or privacy right.

 

23. SEVERABILITY

If any provision of this agreement shall be judged unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

24. JURISDICTION

By accessing the Site, you and Marphyl™ agree that all matters relating to access to, or use of the Site and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of British Columbia, Canada. The Site and your use of the Site shall be governed by the laws of the Province of British Columbia, Canada and the laws of Canada applicable therein, without regard to its choice of law provisions. You and Marphyl™ hereby consent and irrevocably submit and attorn to the exclusive personal and subject matter jurisdiction and venue of the courts of British Columbia, Canada with respect to such matters, and for the resolution of any dispute based upon or relating to this Agreement.

 

25. FORCE MAJEURE

Marphyl™ is not in breach of the Terms and is not liable for any delay or failure to perform any of its obligations herein imposed for the time and to the extent of such failure to perform if occasioned by circumstances beyond its control or breakdown or other failure of facilities used to manufacture, transportation, or inability to obtain labour, power, fuel, transportation, by acts of God or by acts of public enemies or cancellation by governmental authorities or by strikes, lockouts or other industrial disturbances, riots, floods, hurricanes, fire, explosion, or any cause of any kind or character beyond the control of Marphyl™ failing to perform whether similar to or dissimilar from the enumerated causes.

 

26. SCOPE

These Terms together with the Privacy Policy and any other legal notices published by Marphyl™ on the Site, shall constitute the entire agreement between you and Marphyl™ with respect to the Site. You acknowledge that any other agreements between you and Marphyl™ with respect to the Site are superseded and of no force or effect.

 

27. CONTACT INFORMATION

For any question regarding the Terms, feel free to send us an email at info@marphyl.com. Please see the “Contact Us” section of the Site) to request more detailed information on the scope of our Service, and for contact information in the event that you need support or administrative help.

 

 

 


This information current as of 2017/02/07.

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