Terms & Conditions

Section 1 - Introduction

Section 1.1

These Terms and Conditions govern the use of Évol Skincare's website.

Section 1.2

When using our website, you are agreeing to the Terms and Conditions set forth in full. If you disagree with the Terms and Conditions below, then you will lose protection under our Privacy Policy and the eligibility to properly use our website.

Section 1.3

Upon registering with Évol Skincare, you will be expressly asked for your consent in regards to our Terms and Conditions. Upon clicking "I Agree" you consent to all the Terms and Conditions listed below.

Section 1.4

You must be at least [13] years of age to use the Évol Skincare website, and [16] to purchase Évol Skincare products from our website. By expressly consenting to the Terms and Conditions, you warrant and represent to us that you are eligible to use our website under the age requirements set forth.

Section 1.5

We at Évol Skincare use cookies for the maintenance of our website. By using the Évol Skincare website or when agreeing to the Terms and Conditions, you are consenting to our use of cookies in accordance with our Privacy Policy.

Section 1.6

Nothing listed in these Terms and Conditions shall constitute the creation of an:

  1. agency
  2. partnership; or
  3. any form of joint enterprise

between you and Évol Skincare. If Évol Skincare fails to require your performance of the any provision set forth in these Terms and Conditions does not hinder or affect our full right to require such performance at any time as well as a waiver of a breach of any provision by Évol Skincare shall not be construed as a waiver of the entire provision itself.

Section 2- Credit

Section 2.1

This document was created using a template from SEQ Legal [http://seqlegal.com]

Section 3 - Copyright Notice

Section 3.1

Copyright (c) [2014-2015] [Evol Skincare]

Section 4 - License To Use Website

The scope of the license to use will vary with each site. Consider carefully exactly what your users should be allowed to do with your website and material on your website.

Section 4.1

When using the Évol Skincare website, you may:

  1. view pages from the Évol Skincare Website
  2. print pages from the Évol Skincare Website
  3. stream audio and video from the Évol Skincare Website
  4. purchase Évol Products

Section 4.2

Except for and as expressly permitted by Section 4.1 or any other provisions found within the Évol Skincare Website's Terms and Conditions; you must not download or store any material from the Évol Skincare Website or retain such information on your device.

Section 4.3

You may only use the Évol Skincare Website for awareness, education and purchasing of Évol Skincare Products and must not use the Évol Skincare Website in any other manner or for any other purposes.

Section 4.4

Are users permitted to redistribute any specific content from the website (e.g. newsletters)?

Unless you are the legal owner or control the relevant rights in the material on the Évol Skincare Website, you must not:

  1. republish or redistribute material from our website without Évol Skincare's written consent
  2. sell, rent or sub-lease material from the Évol Skincare Website; and
  3. exploit any material from the Évol Skincare Website for commercial purposes; and

Section 5 - Acceptable Use and User License

Section 5.1

We at Évol Skincare grant you, a non-exclusive, revocable and limited license to access the Évol Skincare website and for it's non-commercial use. The license being granted as well as your use of the Évol Skincare Website, does not grant you or give you the right to:

  1. Use the Évol Skincare Website in any manner or way that directly or indirectly causes damage to the Website or impairs or hinders the performance and functionality of the Website.
  2. Use the Évol Skincare Website in any manner that is illegal, unlawful, fraudulent, or otherwise harmful or in connection with any illegal, unlawful, fraudulent or otherwise harmful activity.
  3. Use the Évol Skincare Website to copy, store, redistribute or transmit any material which consists of any malicious computer software viruses.
  4. Engage in any activity that would amount to either methodical or automated data collection without Évol Skincare's written consent.
  5. Engage in any activity that would amount to direct or indirect marketing or advertising through data collection of the Évol Skincare Website.
  6. Access or use the Évol Skincare Website with the use of automated means such as robots.

Section 5.2

You must not use any of the data collected from the Évol Skincare Website for contacting individuals or companies.

Section 5.3

When consenting to these Terms and Conditions, you must ensure that all the information you provided on the Évol Skincare Website is; true, accurate, and complete and non-misleading. You are responsible to update your Information if it has been recently changed.

Section 6 - Registration and Accounts

Section 6.1

To be eligible to browse the Évol Website you must be [13] years of age. In order to create and account and purchase Évol Skincare Products, you must be [16] years of age.

Section 6.2

You can register for an account with Évol Skincare by successfully completing and submitting the account registration form found on the Évol Skincare Website and verifying the account through email.

Section 6.3

You are not permitted to share your Évol Skincare account with any other person to access the Évol Skincare Website unless express permission has been given. You must notify us at Évol Skincare should you become aware of any unauthorized use of your Évol Skincare account. This clause is subject to Section 13.2 of these Terms and Conditions.

Section 7 - User IDs and Passwords

Section 7.1

Upon registering your account with Évol Skincare; you will be asked to choose a username and password. Forgotten credentials can be retrieved and emailed by notifying the Évol Skincare team.

Section 7.2

Your username must not be misleading and must comply with the content rules set forth in these Terms and Conditions and should not be used in a illegal, unlawful, fraudulent or harmful manner.

Section 7.3

Your password must be confidential and you claim responsibility for any activity on the Évol Skincare Website arising out of any failure to keep your password strictly confidential, and you may be held liable for any losses arising from such failure. You also must notify Évol Skincare if you become aware of a potential breach or disclosure of your password.

Section 8 - Cancellation and Suspension of Account

Section 8.1

We at Évol Skincare maintain the right to;

  1. Suspend your Évol Skincare account
  2. Deactivate your Évol Skincare account; or
  3. Edit your Évol Skincare account details

At any time in Évol Skincare's discretion without the need for notice or explanation for the proper maintenance of the Évol Skincare Website.

Section 8.2

You can cancel your Évol Skincare Account at any time through the Évol Skincare Website by using the "Account Settings" tab and selecting "Deactivate Account"

Section 9 - Submissions

Section 9.1

It is our policy here at Évol Skincare to politely decline unsolicited suggestions, submissions and ideas. Any inquires, feedback, or suggestions will be treated as non-proprietary and will not be deemed to be confidential. Subject to our Privacy Policy, any submission posted or transmitted by you gives Évol Skincare the right to a worldwide, unrestricted, royalty-free, irrevocable, assignable license to:

  1. copy
  2. use
  3. reproduce
  4. modify
  5. publish
  6. sell; or
  7. assign

any submissions as we see fit.

Section 9.2

If you decide to make a submission, you represent and warrant that you are the owner or otherwise control the rights to your submission, and that you have the right to grant the foregoing rights to Évol Skincare. You further represent that any submission falls in line with the terms set forth in Section 10 of this document. You also agree to indemnify Évol Skincare for any or all claims raised as a result of any claims of any rights in any Submission or any damages or loss as a result.

Section 10 - Content Rules

Section 10.1

When you transmit, upload or post "User Content" such as

  1. email
  2. data
  3. text
  4. software
  5. messages; or
  6. other materials posted on the Évol Skincare Website

Section 10.2

you are entirely responsible for any "User Content". You also warrant and represent that your content will comply with these terms and conditions. You are also agreeing to cease from engaging or assisting others in otherwise making "User Content" that is:

  1. inaccurate, false, misleading or negligent
  2. considered to be spam
  3. is capable of giving rise to legal action against any person (in each case, under any jurisdiction, and under any applicable law.)
  4. unlawful, illegal, fraudulent, hateful, or otherwise considered as objectionable behaviour including but not limited to racism, sexually explicit material, violence, threatening, abusive, or anti-social behaviour.
  5. infringes any patent, trademark or copyright, any proprietary right or any right under data protection legislation.
  6. be a contempt of court or breach of any court order
  7. aiding or abetting or counselling or promoting the commission of a crime

Section 11 - Limited Warranties

Section 11.1

We at Évol Skincare do not warrant or represent and will not be held responsible for:

  1. the completeness or accuracy of the information published on the Évol Skincare website;
  2. that the material on the Évol Skincare Website is up to date; or
  3. that the Évol Skincare Website or any service on the website will remain available
  4. data non-delivery or corruption
  5. computer viruses or system failures
  6. any events beyond our reasonable control

Section 11.2

We at Évol Skincare reserve the right to discontinue, change, alter any or all of our website services, and to cease publication on the Évol Skincare Website at any time, in our discretion without being required to give notice or explanations. We also reserve the right under these Terms and Conditions to refuse compensation or other payment upon the discontinuance or alteration of our services on the Évol Skincare Website, or shutting down the Évol Skincare Website.

Section 11.3

Within the maximum extent permitted by applicable law and subject to Section 12.1, we at Évol Skincare exclude all representations and warranties relating to the subject matter of these Terms and Conditions, the Évol Skincare Website, and use of the Évol Skincare Website. In no event shall Évol Skincare's maximum aggregate liability exceed one hundred Canadian dollars (CD $100.00) or its equivalent.

Section 12 - Limitations and Exclusions of Liability

Section 12.1

Nothing in a contract under these Terms and Conditions shall:

  1. Negate or limit any liability for personal injury or death as a result of negligence.
  2. Negate or limit any liability for fraudulent behaviour including fraudulent misrepresentation.
  3. Limit any liabilities that are not permitted under applicable Canadian Law.
  4. Negate any liabilities that may not be excluded under applicable Canadian Law.

Section 12.2

The limitations and exclusions of liabilities set forth in a contract under these Terms and Conditions and Section 12.1:

  1. Are subject to Section 12.1; and
  2. Govern all liabilities that may arise under said contract or relating to the subject matter of said contract, including all liabilities regardless of being raised in tort, contract and breach of statutory duty except to the extent expressly provided elsewhere in said contract.

Section 12.3

We at Évol Skincare denounce liability for any loss or damage to the extent that our website and the information and services provided are free of charge.

Section 12.4

We at Évol Skincare denounce liability for any losses with respect to any event beyond our reasonable control.

Section 12.5

We at Évol Skincare denounce liability with respect to any business losses, including but not limited to;

  1. Loss of profits
  2. Loss of income
  3. Loss of Revenue
  4. Use, and production
  5. Anticipated savings
  6. Business, contracts, commercial opportunities and goodwill

Section 12.6

We at Évol Skincare denounce liability with respect to any lost, corrupted, or changed data, database, or software.

Section 12.7

We at Évol Skincare denounce liability with respect to any special, consequential, punitive, or incidental loss or damage.

Section 12.8

By agreeing to the Terms and Conditions, you accept that we at Évol Skincare have an interest in limiting the personal liability of our employees and officers, and having regard to that interest, and the you acknowledge that you will not bring forth any claims personally against our officers or employees with respect to any losses suffered in connection with the Évol Skincare Website and these Terms and Conditions.

Section 12.9

You agree to hold Évol Skincare, and indemnify our:

  1. affiliates
  2. officers
  3. agents
  4. employees
  5. licensors

harmless for any loss or damages, claims, penalties, costs including attorney's fees within a reasonable amount, and third party claims, resulting from use of the Évol Skincare Website or through any User Content available on the Évol Skincare Website, or any breach of these Terms and Conditions. You also agree to indemnify Évol Skincare for any loss, damages, claims, penalties , costs including attorney's fees within a reasonable amount and third party claims as a result of any action you take which imposes an unreasonable encumbrance on the maintenance or infrastructure of the Évol Skincare Website.

Section 12.10

You agree that no claim or action that arises from or is related to the use of the Évol Skincare Website or these Terms and Conditions may be brought more than one year after the cause of action relating to the claim unless otherwise permitted under the Limitations Act 2002.

Section 13 - Breach of These Terms and Conditions

Section 13.1

If a breach of these Terms and Conditions has been committed, we at Évol Skincare reserves the rights to:

  1. Send formal warnings
  2. Temporarily suspend or disable your Évol Skincare Account
  3. Permanently suspend or disable your Évol Skincare Account
  4. Prohibit you and any devices using the same IP address from using the Évol Skincare Website through contacting your internet service provider and requesting to block your access to our website.
  5. Commence legal action against you whether for a breach of these Terms and Conditions or otherwise.

Section 13.2

If we have suspended or disabled your Évol Skincare Account, or blocked your access to the Évol Skincare Website, you may not take any action to evade such an action.(Including but not limited to creating or using a different account even with express permission)

Section 14 - Variation

Section 14.1

We at Évol Skincare reserve the right to change and revise these Terms and Conditions from time to time.

Section 14.2

Any revised Terms and Conditions shall and will apply to the use of the Évol Skincare Website from the date notice for revised Terms and Conditions was given. We will provide you notice of any revision of the Terms and Conditions and require you to expressly consent to the revised Terms and Conditions before being eligible to use the Évol Skincare Website. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in Évol Skincare's Privacy Policy.

Section 14.3

If you have expressly consented and agreed to these Terms and Conditions, we will ask for your express consent and agreement to any revision of these Terms and Conditions. If you do not agree or give your express consent to the revised Terms and Conditions, then we reserve the right to disable or delete your Évol Skincare Account and you must stop using the Évol Skincare Website.

Section 15 - Assignment

Section 15.1

We at Évol Skincare reserve the right to:

  1. Transfer
  2. Assign
  3. Sub-contract

Or otherwise deal with our rights and obligations under these Terms and Conditions.

Section 15.2

You may not:

  1. Transfer
  2. Assign
  3. Sub-contract

any of your rights and obligations under these Terms and Conditions.

Section 16 - Severability

Section 16.1

If a contractual provision found within these Terms and Conditions is determined by any court or other competent tribunal or authority to be unlawful and/or unenforceable, the other provisions will remain intact and the unlawful provision will be severed from the rest of the Terms and Conditions.

Section 16.2

If a contractual provision found within these Terms and Conditions is considered to be unlawful and/or unenforceable and would regain its status as legal or enforceable through deletion of either part of or the whole provision, then that part will be deemed deleted, and the rest of the provision will continue in effect and continue operating under the Terms and Conditions.

Section 17 - Third Party Rights

Section 17.1

A contract set forth under these Terms and Conditions is for the benefit of Évol Skincare and you the consumer. It is not intended to benefit or be enforceable against any Third Party.

Section 17.2

The exercise of Évol Skincare's and your rights in a contract under these Terms and Conditions is not subject to the consent of a Third Party.

Section 18 - Entire Agreement

Section 18.1

Subject to Section 12.1, Évol Skincare's Terms and Conditions together with Évol Skincare's Privacy Policy shall constitute the entire agreement between you and us here at Évol Skincare in relation to your use of the Évol Skincare Website and shall supersede all previous agreements made between you and us here at Évol Skincare.

Section 19 - Law and Jurisdiction

Section 19.1

A contract under these Terms and Conditions shall be deemed to be governed and construed in accordance with Canadian Law.

Section 19.2

Any disputes relating to or arising from these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Ontario.

Section 19.3

Any Dispute shall be submitted to arbitration in the Province of Ontario. You also agree to the jurisdiction and proceedings as a result except if it is necessary to require injunctive or appropriate relief from the courts in order to protect any proprietary rights.

Section 19.4

Arbitration under this these Terms and Conditions shall be conducted in accordance with the Arbitration Act, 1991 (Ontario). The arbitrator's award shall be considered binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under these Terms and Conditions shall be joined with an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

Section 20 - Statutory and Regulatory Disclosures

Section 20.1

Évol Skincare is registered in and under [trade register]; you can find the online version of the register at [URL] and our registration number is 1699417

Section 20.2

Évol Skincare is subject to the Electronic Commerce Act 2000, and the Consumer Protection Act 2002 which is supervised by Ministry of Government and Consumer Services. Also Évol Skincare is subject to the Arbitration Act 1991.

Section 20.3

Our HST number is [*******]

Section 21- Our Details

Section 21.1

The Évol Skincare Website is owned and operated by Évol Skincare.

Section 21.2

We are registered in Canada, under registration number 1699417 with our offices located in Mississauga, Ontario.

Section 21.3

You can contact us here at Évol Skincare by either:

  1. Using our Website contact form; or
  2. By email at Info@Evolskincare.com