Current version in effect as of November 1, 2019


1. SCOPE OF APPLICATION

These terms and conditions and other policies or regulations of the Websites (as defined below), including, but not limited to, the Privacy Policy and Netiquette (collectively the “Terms”) constitute a legal agreement between you (“you” or the “User”) and Alchemia Corp. or any of its subsidiaries or affiliates (the “Company”) and govern the use of websites, applications and modules that link to these Terms (collectively the “Websites”).For greater certainty, but not limited to, the Website covered by these Terms and Conditions is as follows: CarebyMaka.com. In addition to the Terms, purchases of products offered through the Maka online store (carebymaka.com) are subject to the terms and conditions of sale, which form an integral part of these Terms. We invite you to read it.You acknowledge that these Terms and Conditions and the terms and conditions of purchase form a single document.PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE.


 2. ACCEPTANCE OF TERMS AND CONDITIONS

By accepting the Terms, or by using the Websites or placing a product order on the Websites, you agree to be bound, without reservation or restriction, by the terms and conditions of the Terms. Access to and use of the Website is subject to full and unconditional compliance with these Terms and Conditions.If you do not wish to be bound by these Terms or if you do not accept them in full, you must refrain from accessing or using the Website. 


3. ONLINE ORDERS FROM THE MAKA SHOP

You accept and understand that:

a.         Price.


Prices are displayed in Canadian dollars. Unless otherwise indicated, prices do not include applicable sales taxes. Any order, product or workshop participation, regardless of its origin, is payable in Canadian dollars.Please note that for any delivery outside Canada, any customs duties and local taxes will be the responsibility of the recipient.Prices are subject to change without notice.


b.         Payment.


The payment of your purchase or subscription is made by the secure payment system Paypal. You agree to pay the full cost and expenses related to the products purchased, including taxes and shipping and handling fees, if any.You are solely responsible for the effective payment of the purchased product. In the event that your payment cannot be validated or processed, your order will not be delivered and the Company will have no obligation to process your order.The Company is not responsible for payment problems related to the operation of the secure online payment system Paypal.


c.          Confirmation of your order.

Receipt by email of your order confirmation does not automatically mean that the Company accepts it and is not a confirmation of commitment to sell the products covered by your order. The Company reserves the right, at its sole discretion, to cancel or refuse any order for any reason whatsoever, such as:

i. unavailability of a product at the time of processing the order;

ii. inaccuracies or errors in price or product information;

iii. problems with the processing of your payment;

iv. inability to deliver the product to the specified delivery address.The Company may also require additional checks or information before accepting any order. The Company will contact you in the event that all or part of your order is cancelled or to obtain additional information necessary for the acceptance of your order.


d.         Processing your order.

It takes about one to four weeks to receive your order in Canada.


e.         

The Company cannot guarantee that the products ordered will be available, or that some of their information is up to date. In this event, your order will be refunded as soon as possible.


f.      Delivery.

Products are shipped from our distribution centre by parcel service (Canada Post). We pay particular attention to the choice of the most appropriate shipping method. For any delivery outside Canada, we always try to use the most economical delivery method for you.The Company is not responsible for any delays or clerical errors in the delivery address that are attributable to you.


g. Consumer returns:

All products returned by a consumer to Maka for any reason must be reported and approved by Maka at the following address: jen@carebymaka.com by entering your contact details.  


Allergy ReturnsThe consumer has 30 days if the product causes an allergy.


Defective product returnsDefective products when buying online: The consumer must contact the head office (514 814 3513) to mention the defective products and thus receive the products that will be credited to him again. The consumer will have to provide proof of purchase. No refund possible, exchange only.



Exchange:The consumer must go to the retailer who made the sale within 30 days with proof of purchase to make the exchange. The merchandise must be impeccable.  


4. USER ACCOUNT AND PASSWORD


In order to use certain features of the Websites, you may need to create yourself, or you may be offered the opportunity to create a user account (a “User Account”). To create a User Account, you will need, for example, to provide your first name, last name, email address, country of residence and a password. You may also have the opportunity to provide additional information to the Company to help us organize your profile and provide you with a more personalized experience using the Websites.You are responsible for maintaining the confidentiality of your User Account and the associated password. In the event that the confidentiality of your User Account is compromised, you must notify the Company as soon as possible in order to avoid any fraudulent or unauthorized use of your User Account.The Company shall not be liable for any unauthorized use of your User Account and you agree to bear any liability for acts committed through the use of your User Account, unless you close it or report any abuse or fraudulent use of it.For any request to close your User Account or to report misuse or fraudulent use of your User Account, please refer to section 21 below for our contact information.The Company reserves the right to suspend or close your User Account at any time, at its discretion and without notice. For example, but not limited to, the Company may suspend or terminate your User Account if you do not comply with the Terms, or if you use the Website in a manner that could cause or risk causing damage to the Company, liability, disruption of Website operations or disruption of third party use of the Website. 


5. USER CONTENT

The Website may offer certain features that allow their Users to contribute to their content, including, but not limited to,

(i) evaluating and commenting on the blog’s products, workshops and articles,

(ii) evaluating and commenting on the content published on the Website, (the “User Content” or “Your Content”). You retain the rights to Your copyrighted content that you submit to us through the Website and the Company declares that it will never claim to be the owner or original author of Your Content.In addition, you represent and warrant to the Company that:Nevertheless, by submitting Your Content through the Website, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual and worldwide license to Your Content for any purpose whatsoever (the “License”) and you waive all your moral rights to Your Content. Under this License, the Company may, but is not limited to, using, reproducing, storing, adapting, translating, modifying, creating derivative works, transmitting, distributing, performing in public and making Your content available to the public, through any media.In addition to granting the License described above, by submitting Your Content through the Website, you:

a. agree that your first name, first letter of your last name, age group, city and country of residence may appear in connection with the distribution of Your content and the Company’s use of it under the License;

b. acknowledge and agree that the Company shall not be liable for any loss, damage or corruption of Your content.In addition, you represent and warrant to the Company that:

c.          Your content does not infringe any intellectual property rights, including any copyright, of any third party;

d. except for any copyright-free content, you are the sole owner of all intellectual property rights, including copyright, in Your content or, if applicable, that you have the written permission of the owner to submit Your content;

e.         Your content does not contain any defamatory statements,

f.          Your content does not violate any law, act, ordinance or regulation that is applicable to you or the Company;

g.         Your content is not used to promote or advertise any services, products, websites or organizations other than the Company’s services, products, websites or organizations or does not constitute a chain of letters or any other form of solicitation.Your content reflects your thoughts, preferences, tastes and more generally your person. You must not imply that Your Content is endorsed by a third party unless expressly authorized to do so. You may not imply, imply or make it appear that the Company approves, shares or endorses Your content, unless expressly authorized to do so.The Company may refuse or remove any User Content at its sole and absolute discretion and without notice to the original author.The Company does not endorse or approve User Content on the Website and excludes any liability or guarantee for such content. 


6. COPYRIGHT


With the exception of User Content, all content created, developed, distributed, communicated, communicated, developed, generated or reproduced on the Website (including but not limited to text, cosmetic recipes, codes, illustrations, images and videos) and its selection, composition and arrangement (the “Company Content”) is the property of the Company or is licensed to third parties and may be protected by intellectual property laws, including the Copyright Act (R.S.C. (1985), c. C-42).Where applicable, the Company reserves all its rights with respect to the Content of the Company it owns. Consequently, you are prohibited from copying, reproducing, modifying, reformulating, republishing and, more generally, using the elements that make up the Company’s Content, in whole or in part, without the prior written consent of the Company.Notwithstanding the foregoing, you may download, print and reproduce the Business Content for your personal use for information purposes only, provided that you respect all copyright or other intellectual property notices relating to the Business Content and that you cite the source URL of the Business Content. 


7. TRADEMARKS

Certain names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Websites may constitute registered or unregistered trademarks of the Company or third parties. Although the Company may license certain third party trademarks, the display of third party trademarks on the Website does not imply any relationship or license between the Company and the owner of the trademark in question, nor the approval or endorsement by the Company of the merchandise, services or activities of the owner of the trademark in question.Nothing contained on the Website should be construed as granting you any license or right to use any logo, design or trademark of the Company or any third party without the written permission of the Company or the third party owner of a particular trademark. 


8. YOUR OBLIGATIONS

By using the Website, and without limiting the scope of what is otherwise provided for in the Terms, you agree

(i) to comply with all laws applicable to you in your jurisdiction of residence,

(ii) to provide us with accurate information and to keep it up to date and

(iii) to use the Website in a reasonable and responsible manner.

In addition, you undertake not to:

a. use the Website for illegal or unlawful purposes;

b. create or imply a false identity on your User Account or create, without authorization, a User Account for anyone other than yourself;

c. using or attempting to use, without authorization, another user’s account;

d. infringe the intellectual property rights of the Company or others, including patents, trademarks, trade secrets, licenses, copyrights or other proprietary rights;

e. monitor the availability, performance or functionality of the Websites for competitive purposes;

f. use software, devices, manual or automated coding robots or other means to access, decompose, analyze or index the functionality of the Websites or any related services, data or information;

g. make defamatory, abusive, threatening or unlawful harassing statements, impersonate or intimidate another person, or knowingly misrepresent your relationship with another person, including by using an e-mail address or similar nicknames,

 h. transmit any code of a destructive nature that could damage, surreptitiously intercept, expropriate or interfere with any system, data or personal information in a harmful manner;

i. make obscene comments or use explicit language or blasphemy;

j. post advertisements for your company, your products or those of another person or any other type or form of spam;

k. bypass any security features of the Websites;

l. use the Websites for any purpose for which it is not intended.If the Company has reasonable grounds to believe that you are not complying with the obligations mentioned above, or any other obligation set out in the Terms, the Company may, in its sole and absolute discretion and without notice, suspend your right to use the Website or limit your access to it in any other way it deems appropriate. 


9. LINKS TO THIRD PARTY SITES

You will find on the Websites several hyperlinks to other websites that are not under the control or responsibility of the Company. The Company has no means to control these websites and does not guarantee or warrant the availability, reliability or legality of such websites. The Company does not endorse or approve the content to which these websites provide access and excludes any liability and guarantee with respect to them. The User who accesses third party websites does so at his own risk.The Company reserves the right to insert advertising messages on all the Websites, which may lead to links to other websites. At no time does the Company endorse, endorse or be responsible for any ideas, opinions, products, services or more generally the content contained in the advertising messages and on the third-party websites to which they provide access. 


10. IDEA SUBMISSION

Any comments or suggestions regarding the Websites, their features or the business activities in which the Company is or may be engaged that you may transmit to the Company may be used, adapted or implemented by the Company without any obligation of remuneration or any other form of compensation.You acknowledge that any comments, suggestions, ideas or proposals you submit to the Company (other than User Content) (the “Suggestions”) regarding the Websites, their functionality or the business activities in which the Company is engaged are not confidential, do not belong to you and may be disclosed, used, adapted or applied by the Company without any obligation of compensation or any other form of compensation.


 11. DISCLAIMER OF WARRANTIES

The Website and all content on it is provided on an “as is” basis. By using the Website, you acknowledge and agree that you do so entirely at your own risk. The Website may be abandoned or its access may be interrupted at any time by the Company or otherwise. The Company makes no representation or warranty regarding the content, services or features offered on the Website or the User Content contained therein, including, without limitation:a. as to the accuracy, availability, completeness, reliability, negotiability or timeliness of the Website;b. as to the operation or accessibility of the Website without interruption or error;c. as to the correction of defects or errors in the Website;d. as to the absence of viruses or harmful elements in the Websites;e. as to the secure or non-intercepted transmission of communications through the Website. 


12. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall the Company and its officers, directors, employees, agents and their respective successors and assigns be liable for any loss or damage of any kind or involving, without limitation, any invasion of your privacy, loss of business or loss of profits for any reason whatsoever, whether or not based on a contract (including breach of an essential obligation), these Conditions, civil liability (including negligence) or otherwise, even if the Company knew or should have known of the possibility of such damages. In addition, the Company has no obligation to retain or store any searches, preferences or other data that you publish or store from time to time on the Website and shall not be liable for any loss or damage resulting from a loss of such data.If you decide to visit or use a website linked to the Website, any hardware, software, goods or services offered from a website linked to the Website, you do so entirely at your own risk.


 13. INDEMNIFICATION

The Company is not responsible for the content you generate on the Websites or for the actions you take or refrain from taking in connection with the Websites (your “Acts”).You agree that your Actions are your sole and exclusive responsibility and acknowledge that you have done them with full knowledge of the facts. The Company shall not be liable for any breach of the Conditions by you. Accordingly, you will defend the Company and its subsidiaries, parent company, officers, agents, representatives, directors, employees and business partners in the event that legal action is brought against them for a violation of the Terms and Conditions that you have committed or that any person having access to your user account has committed.In any event, you agree to indemnify and hold harmless the Company, its subsidiaries and affiliates, directors, officers, agents, agents, representatives, employees and business partners from and against any and all losses, obligations, claims, demands, damages, costs and expenses of any kind whatsoever, including reasonable attorneys’ fees, relating to your Actions and any violation of the Terms, any law or the rights of a third party. 


14. JURISDICTION AND APPLICABLE LAWS

The Terms and Conditions shall be governed by and construed in accordance with the laws of Quebec and the laws of Canada applicable therein, without regard to principles of conflict of laws.This paragraph does not apply to consumers in the province of Quebec (Canada), to whom the Consumer Protection Act (Quebec) (chapter P-40.1) applies instead. You irrevocably accept and acknowledge the exclusive jurisdiction of the courts of federal and provincial jurisdiction, sitting in and for the judicial district of Montreal, over any dispute arising out of or related to the Terms and Conditions, elect domicile there and waive any objection based on the absence of territorial jurisdiction or any claim based on the notion of forum non conveniens. 


15. DIVISIBILITY

Each provision of the Terms and Conditions is individual and distinct and, if any of the Terms and Conditions are found to be invalid, illegal or unenforceable, all other provisions of the Terms and Conditions shall remain in full force and effect. 


16. WAIVER

The fact that the Company does not insist on the full performance of an obligation provided for in these Conditions or does not exercise a right conferred on it shall not be considered as a waiver of the performance of such obligation or right. Any waiver by the Company of a right granted to it under these Conditions shall be effective only if in writing and signed and shall be effective only with respect to the right and circumstances expressly covered by such waiver. 


17. INCESSIBILITY

You may not assign or delegate any rights or obligations under the Terms without the prior consent of the Company. 


18. RETROACTIVE EFFECT

As the first version of the Terms was posted on November 1, 2019 (the “Posting Date”), you agree and acknowledge, where applicable, upon your initial acceptance of the Terms, that any use, content contributed and any act or omission with respect to the Websites that relates to a period prior to the Posting Date is retroactively subject to these Terms. 


19. MODIFICATION

The Website is a dynamic and evolving environment subject to change. The Company may revise the Terms at its sole discretion by simply updating this page or the pages containing the provisions of the Terms to be amended. It is your responsibility to review the Terms on a regular basis to be aware of any changes that may be made to them.Notwithstanding the foregoing, the Company will notify Users of any change to the Terms at least 30 days before it becomes effective.If you do not agree with one or more changes to the Terms, you must then cease all use of the Websites and, if necessary, close your account. Your continued use of the Websites or failure to terminate your User Account after the Company has posted the changes will constitute your acceptance of the changes to the Terms. 


20. COMMUNICATIONS

Notices required or permitted to be given under the Conditions must be in writing and will be considered valid if sent by email or registered mail to the following address:

Customer Service – Alchemia Corp.6385 rue Saint DominiqueMontreal H2S 3A6

Notices and communications shall be deemed to have been given and received on the day they are actually given or sent (or, if such day does not fall on a Business Day, on the next Business Day), unless they are given or received after 4:30 p.m., in which case they shall be deemed to have been given and received on the next Business Day.

If you have any questions or comments about the Terms and Conditions, please contact:Customer Service – Alchemia Corp.6385 rue Saint DominiqueMontreal H2S 3A6514 814 35 


21. SURVIVAL

Articles 6 (User Content), 11 (Submission of Ideas), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Jurisdiction and Applicable Laws), 16 (Severability), 17 (Waiver) and 23 (Survival) shall survive the termination or expiration of this Agreement.