Terms of service

OVERVIEW

This website is operated by Optimize Organics Inc. Throughout the site, the terms “we”, “us” and “our” refer to Optimize Organics Inc. Optimize Organics Inc offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, 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 site, 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 website. By accessing or using any part of the site, you agree to be bound by these Terms of Service and signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of these Terms of Service, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by these Terms of Service, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Service on behalf of yourself and any person you purport to represent.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website 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 current 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 website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website 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 this site.
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 Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
We have the exclusive right to control accessibility, hours of use, features of the Service, and any other information found within the Service.
Temporary interruptions in the availability of the Service may occasionally occur. We will not be held liable for any damages due to such interruptions.
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 the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The Service, including all of its content, is the property of Optimize Organics Inc and others and is protected by Canadian and international copyright, trademark, and other laws. Your use of the Service does not transfer to you any ownership or other rights in the Service or its content.
You agree not to copy, imitate, reproduce, republish, duplicate, copy, sell, resell, upload, post, transmit, modify, index, catalog, mirror, distribute or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The trademarks, tradenames, logos, and service marks (“Marks”) displayed through our Service are protected by our intellectual property rights and the rights of others in agreement with us or that of other third parties. Any use of any Mark, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Service or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks
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 this site is not accurate, complete, or current. The material on this site 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 this site is at your own risk.
This site 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 this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

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 Service (or any part or content thereof) without notice at any time or to limit the order quantity on any item
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
In the event that a product or service is listed at an incorrect price for any reason, including a typographical error or error in pricing received from suppliers, We have the right to refuse services or cancel orders for products placed for the product listed at the incorrect price, regardless of whether the order or service has been confirmed and/or your credit card charged.

SECTION 5 - PRODUCTS OR SERVICES

Some of our products contain living organisms provided by Koppert Canada Limited, these products follow specific transportation procedures so they can arrive safely at your location, to ensure this you must be available to receive your order upon delivery. We will not be held responsible for the outcome of living biologicals left unattended at your delivery location. Please refer to our Refund Policy for additional information.
Certain products or services may be available exclusively online through the website.
We have made every effort to display as accurately as possible the descriptions and images of our products that appear at the store.
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 any time 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 this site is void where prohibited.
We do not warrant, represent or guarantee that the quality of any products, goods, services, cultivation techniques, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We do not warrant, represent or guarantee that any product purchased through this Service will be certified to an organic production standard by the organic certifying body operating in your region. If you intend to use a product for certified organic production, you must obtain confirmation from the applicable organic certifying body.

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 e‑mail 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.
If you establish an account with our Service, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, you agree to accept responsibility for all activities that occur through our Service under your account.

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 site 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 website (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 this site 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 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

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, perpetually, at any time, without restriction, edit, copy, publish, distribute, translate, license, reproduce 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, libelous, 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 rights. You further agree that your comments will not contain libelous 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 website.
You may not use a false e‑mail 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

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 10A - SMS / TEXT MESSAGE MESSAGING TERMS

Optimize Organics Inc.
301-43881 Progress Way
Chilliwack, BC, Canada V2R 0E6
Email: admin@optimizeorganics.ca
Phone: +1-778-932-0999
Privacy Policy: https://www.optimizeorganics.ca/policies/privacy-policy

General

When you opt in to receive SMS or text messages from Optimize Organics Inc. (“Optimize Organics”), we will send you a message to confirm your signup.

By opting into SMS messaging, you agree to receive recurring automated marketing and informational text messages from Optimize Organics. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.

Message frequency may vary. Additional messages may be sent periodically based on your interaction with Optimize Organics. Optimize Organics reserves the right to alter the frequency of messages sent at any time, including increasing or decreasing the total number of messages sent. Optimize Organics also reserves the right to change the short code, long code, phone number, or alphanumeric sender from which messages are sent.

Your consent to receive marketing text messages is not a condition of purchase.

Message and Data Rates

Standard message and data rates may apply. If you have questions about your text or data plan, please contact your mobile service provider. Mobile carriers are not responsible for delayed or undelivered messages.

Carriers

Carriers are not liable for delayed or undelivered messages.

Cancellation / Opt-Out

You may opt out of receiving SMS messages from Optimize Organics at any time by replying STOP to any text message you receive from us or by using the unsubscribe link included in a message, where available.

After you opt out, we will send you a confirmation message and you will no longer receive SMS messages from Optimize Organics. If you wish to re-enroll in the messaging program, you may sign up again using the original opt-in method and we will resume sending messages to you.

Help / Support

For support regarding our SMS messaging program, you may email us at admin@optimizeorganics.ca. Where supported, you may also reply HELP to any message we send to receive assistance or additional information, including instructions on how to unsubscribe.

Transfer of Number

You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply STOP from the original number, unsubscribe using any provided link, or notify us of your old number by contacting admin@optimizeorganics.ca. This obligation is a condition of participating in our SMS messaging program.

Privacy

Your participation in our SMS messaging program and any personal information collected in connection with it are governed by our Privacy Policy, available at https://www.optimizeorganics.ca/policies/privacy-policy.

Changes to Messaging Terms

Optimize Organics reserves the right to modify or terminate its SMS messaging program or these SMS / Text Message Messaging Terms at any time. Changes will be effective immediately upon posting. If you do not agree to a change, you must cancel your enrollment in the messaging program. Continued participation after changes are posted constitutes acceptance of those changes.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site 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 website 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 website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website 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 site 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 website, 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; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service and all products and services delivered to you through the 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 service and all products and services delivered to you through the service will be accurate or reliable.
You agree that from time to time we may remove the service or a product delivered through the service, for indefinite periods of time or cancel the service 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 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, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY OPTIMIZE ORGANICS INC TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO CASE SHALL OPTIMIZE ORGANICS INC, 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, 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, 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. BECAUSE SOME STATES OR 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 Optimize Organics Inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claims, losses, liabilities expenses or demand, including lawyers’ fees, made by any third party due to or arising out of:

your use of the Website, including any breach by you of these Terms of Use;
your violation of any law or the rights of a third party; and
your failure to use any product purchased from Us in accordance with the instructions shown on the physical product, or listed on this website.

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 site.
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.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and your use of the Service and all related matters are governed solely by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any dispute between Optimize Organics Inc and you or any other person arising from, connected with or relating to the Service, these Terms of Use or any related matters must be resolved before the Courts of the Province of British Columbia, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute or matter.

SECTION 19 - CHANGES TO 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - OTHER MATTERS

The provisions of these Terms of Service will ensure to the benefit of and be binding upon each of Optimize Organics Inc and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms of Service will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
We have expressly requested and required that these Terms of Service and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais.

SECTION 21 - OVERDUE ACCOUNTS

All payments for goods and services provided by Optimize Organics Inc. are due on the agreed-upon date as specified in the invoice.
If payment is not received within the specified payment term, an account will be considered overdue.
Interest on overdue accounts will begin to accrue 30 days after the payment due date.
The interest rate applied will be the prime rate as published by BANK OF CANADA plus an additional 2%.
Interest is calculated on a compounding Monthly basis.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at jeremy@optimizeorganics.ca.