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Terms & Conditions and Privacy Policy
Last Updated on April 13, 2018
Terms and Conditions

SECTION 1 - DISCLAIMER OF WARRANTIES

The products sold at www.envirocollar.com (the “Products”) are provided “as is,” “as available, ” and “with all faults.” To the fullest extent permissible by law, owners of www.envirocollar.com, InBalance Solutions Inc.,  Oetz Systems Inc. and their subsidiaries, affiliates or the directors, officers, employees, or other representatives of each of them (collectively, “Releasees”) make no representation or warranties or endorsements of any kind whatsoever (express or implied) about the Products.

Further, Releasees disclaim any express or implied warranties including, without limitation, fitness for a particular purpose for the Products.

You recognize and confirm that the website www.envirocollar.com (“Website”) does not provide medical advice, information or recommendation of any kind and Releasees expressly disclaim that they are providing any such advice, information or recommendation.  The statements on the Website have not been evaluated by the food and drug administration.  The Products are not intended to diagnose, treat, cure or prevent any medical condition or disease.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In this event you understand and agree that Releasees limit liability in connection with your use of the Products as set forth below:

Under no circumstances shall Releasees be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to the Products, the use of, inability to use, or performance of the Products.  In no event will the Releasees be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Releasees entities and individuals total liability to you for all damages, losses, or causes of action exceed One Hundred United States Dollars (USD$100).

SECTION 2 - ASSUMPTION OF RISKS

You are aware that use of the Products may involve risks and hazards including, but not limited to: allergic reaction, choking, potential for ticks and flea bites.  The description of risks above is not complete and other unknown or unanticipated risks, inherent and otherwise, may be encountered.  BY AGREEING TO THESE TERMS AND CONDITIONS YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING A RELEASE, AND WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE RELEASEE.

Your use of the Products is at your risk. If you are dissatisfied with the Products, your sole and exclusive remedy is to discontinue using the Products.

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Releasees’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any development, production, distribution, advertising, exhibition or exploitation of any of the Products.

SECTION 3 - WAIVER AND RELEASE

YOU AGREE TO WAIVE ANY AND ALL CLAIMS THAT YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY THAT YOU OR YOUR DEPENDENTS MAY SUFFER, RESULTING FROM YOUR USE OF THE PRODUCTS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE  RELEASEES.  YOU UNDERSTAND THAT NEGLIGENCE INCUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS OR HAZARDS RELATED TO USE OF THE PRODUCTS.

SECTION 4 - INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RELEASEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS OR USE BY ANY THIRD PARTY.

SECTION 5 - GOVERNING LAW

This Terms and Conditions and its interpretation shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada, without regard to its conflicts of laws rules and specifically will not be governed by the United Nations Conventions on contracts for the international sale of goods, if otherwise applicable.

SECTION 6 - JURISDICTION AND VENUE

You waive all rights to trial by jury in any action or proceeding instituted in connection with this Terms and Conditions. Any controversy or claim arising out of or relating to this Terms and Conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Province of British Columbia, in the City of Vancouver, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this section for entering any judgment on an arbitration award, shall take place in the City of Vancouver. You waive the defense of forum non conveniens.

YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU ARE AWARE THAT BY PLACING YOUR ORDER YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU MAY HAVE AGAINST THE RELEASEES.

PRIVACY STATEMENT

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@envirocollar.com or mailing us at:
EnviroCollar
P.O. Box 2443
Garibaldi Highlands, BC
V0N 1T0
Canada

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - ClickFunnels, Infusionsoft & CloudFlare

Our store is hosted on ClickFunnels. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through ClickFunnels data storage, databases and the general ClickFunnels application. They store your data on a secure server behind a firewall.  Further protection is provided by CloudFlare, including SSL or secure sockets layer.

Payment:
If you choose a direct payment gateway to complete your purchase, then Infusionsoft stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

If you choose to pay through Paypal, your payment information is never stored, except what Paypal has specified in their agreement with you.


SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the

manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

 Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
" _session_id, unique token" are sessional and allow us to store information about your session (referrer, landing page, etc).
" _secure_session_id, unique token, sessional
 storefront_digest, unique token" are indefinite. If the shop has a password, this is used to determine if the current visitor has access.


SECTION 8 - AGE OF CONSENT

By using this site, 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.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@envirocollar.com.

EnviroCollar.com
A Division of D2 Solutions
If you have any concerns about privacy or the terms and conditions of using this website or purchasing from it, please leave immediately.

100% North American Company - Copyright 2017 by EnviroCollar & D2Solutions
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