Legal Terms & Conditions
Conditions of Use
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE PURCHASING ANY PRODUCT FROM NEW DIRECTIONS AROMATICS INC. BY USING THIS WEBSITE, YOU AGREE TO THESE CONDITIONS.
Limitations of Liability
The information available on this website is provided on an "AS IS" basis by New Directions Aromatics Inc. henceforth referred to as "NDA Inc." and the websites www.newdirectionsaromatics.com and www.newdirectionsaromatics.ca will be referred to as the "website". Advice, statements or opinions should not be relied upon when making important personal, medical, legal or financial decisions; nor do we accept any liability connected with the use of the information contained in this website. You should consult a professional to obtain specific advice appropriate to your circumstances. By using this website, you accept ALL terms of this User Agreement and understand that your use of this website is at your sole risk. This User Agreement and any disputes or claims related in any way to your use of the website shall be governed by, and construed and enforced in accordance with, the laws of the Province of Ontario as well as Canadian Federal Law.
You agree to hold harmless NDA Inc., its affiliates, and their respective owners, officers, directors, employees, agents, licensors, suppliers (collectively the "Service Providers") and third party partners from and against any and all losses, injuries, damages, claims, or otherwise arising as a consequence of using or misusing the information or services provided by NDA Inc. NDA Inc. shall not be liable for any damages, including damages for business interruption or lost revenue, even if NDA Inc. has been informed of the possibility of such loss or damage in advance.
Force Majeure
If there is a default or delay in NDA Inc.'s performance of its obligations, and the default or delay is caused by circumstances beyond the reasonable control of NDA Inc. including fire, flood, earthquake, elements of nature, acts of God, epidemic, pandemic, explosion, failure of the public power grid, third party caused damage to network infrastructure (e.g. cable cut), war, terrorism, revolution, civil insurrection, government decree, unlawful acts, civil commotion, cyber terrorism/warfare, acts of public enemies, law, order, regulation, ordinance or requirement of any government or legal body having jurisdiction, or labour unrest such as strikes, slowdowns, picketing or boycotts, acts of nature, and all force majeure events, then NDA Inc. shall not be liable for that default or delay, and shall be excused from further performance of the affected obligations on a day-to-day basis, if NDA Inc. uses commercially reasonable efforts to expeditiously remove the causes of such default or delay in its performance.
User Agreement
Customers should purchase products from NDA Inc. with a clear understanding that they are not intended and should not be used as a substitute to diagnose, treat, cure or prevent any illness or disease. The information provided is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy. Product information, and descriptions presented are for educational purposes only. It does not cover all possible uses, precautions, side effects and interactions. This information is not intended to diagnose, treat, cure, or prevent any health condition, and should not be used as a substitute for medical counseling with a health care professional. It is the responsibility of the customer to consult an appropriate health professional for medical advice, diagnosis, or therapy. Under no circumstance should these products be likened to drug products prescribed for the treatment of specific ailments.
Please note, The International Federation of Aromatherapists do not recommend that Essential Oils be taken internally unless under the supervision of a Medical Doctor who is also qualified in clinical aromatherapy. In addition, Essential Oils should be properly diluted before use in order to avoid any damages to property or adverse physical effects (including injury or bodily harm).
Essential Oils are very highly concentrated and potent. Therefore, all products must be used at the Customer's own discretion and only after referencing Material Safety Data Sheets, Certificate of Analysis and other relevant technical and regulatory documents specific to the product. NDA Inc. shall not be held responsible for any damages to property or for any adverse physical effects (including bodily harm or injury) caused by insufficient knowledge or the improper use of a product. The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties. As the ordinary or otherwise use(s) of this product is outside the control of NDA Inc., no representation or warranty, expressed or implied, is made as to the effect(s) of such use(s) (including damage or injury), or the results obtained.
Manufacturers purchasing products from NDA Inc. should avoid making any statements and claims that are false or misleading concerning NDA Inc.'s products. You must also comply with all laws, state, provincial and federal, regarding any statements made. As with any manufacturing process, NDA Inc. requires that Customers conduct small lab scale testing of purchased products to determine their suitability and efficacy prior to full commercial manufacturing. NDA Inc. under any circumstances shall not be held liable for any losses resulting from failure to do so. The Customer is solely responsible for determining the suitability of using the product that they purchase as well as conducting appropriate research and full independent testing of the product, including to ensure compliance with all applicable local, national, or international laws and regulations related to the usage, safety, labelling, selling, and distribution of finished products. By using the information and/or products offered by NDA Inc., you agree that NDA Inc. will not be held liable for any issues, claims, complaints, or losses of any kind related to any finished product made or sold using our materials.
Proposition 65 for California Residents: It is the sole responsibility of the Customer to refer to the updated list of items listed on Proposition 65 and refrain from purchasing those items or products containing those items from NDA Inc. NDA Inc. shall not be held responsible for your failure to do so and under no circumstances shall be held liable for any subsequent damages, injury, loss or resultant legal actions, claims or litigation arising thereof.
In no event shall NDA Inc. be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services or products obtained through this website, even if NDA Inc. has been advised of the possibility of such damages.
If you are dissatisfied with the website, or do not agree with the terms and conditions of this Agreement, your only course of action is to cease the use of this website.
Use of Site
Harassment in any manner or form, or the use of abusive or obscene language on the website, including via e-mail, social media or public comments is strictly forbidden. Impersonation of others, including a NDA Inc. or other licensed employee, host, or representative, as well as other members or visitors on the website is strictly prohibited. You may not upload, distribute or otherwise publish through the website any content which is: abusive, defamatory, invasive of privacy or publicity rights, obscene, threatening or otherwise objectionable, that may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
If you provide information to the website, you agree to provide accurate, current and complete information about yourself. You also agree to maintain and update such information as appropriate. If you use NDA Inc. service, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Typographical Errors
In the event that a NDA Inc. product is mistakenly listed at an incorrect price or description, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price. NDA Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NDA Inc. shall issue a refund to your credit card account in the amount of the incorrect price.
The Customer assumes responsibility for any missed discounts, for any reason, due to price changes that may occur irrespective of the time duration.
NDA Inc. shall not be liable for any technical inaccuracies, typographical errors or graphical distortions of the products listed and technical and regulatory documents posted. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the website. NDA Inc. may make improvements and/or changes in the information, graphic(s), products(s) and / or program(s) described or displayed on this website at any time.
Participation Disclaimer
NDA Inc. may not and cannot review all communications and materials posted to or created by users accessing the website, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, NDA Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, NDA Inc. reserves the right to block or remove communications or materials that it determines to be:
▪ Abusive, defamatory or obscene
▪ Fraudulent, deceptive or misleading
▪ In violation of a copyright, trademark or other intellectual property right of another
▪ Offensive or otherwise unacceptable to NDA Inc. in its sole discretion
In addition, you represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NDA Inc. for all claims resulting from content you supply. Please note, users giving product or business opportunity testimonials on this website reflect the actual experience of each individual, are anecdotal only, and may be atypical.
Intellectual Property
The content included on this website, including but not limited to text, graphics, logos or code is copyrighted as a collective work under the United States, Canadian and international copyright laws, and is the property of NDA Inc. and other third party services. The compilation of all content made available on the website is protected by Copyright 2022, NDA Inc. unless otherwise specified. All rights reserved.
All trademarks, service marks, trade names and logos used on the site are the trademarks or registered trademarks of NDA Inc. and its affiliates. All other trademarks not owned by NDA Inc. or its affiliates that appear in any NDA Inc. service are the property of their respective owners, who may or may not be affiliated with or connected to NDA Inc. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the site, in whole or in part, unless authorized, to do so.
Permission is hereby granted to electronically copy and print hard copy portions of this website for the sole purpose of placing an order or purchasing products with NDA Inc. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order or purchase products with NDA Inc.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by NDA Inc. You agree to inform NDA Inc. immediately if you have knowledge of any prior or current infringements or violations of all NDA Inc.'s intellectual property rights. You further agree not to change or delete any proprietary notices from materials downloaded from the website.
Warranty Disclaimer
NDA Inc. provides the information, materials and products listed on this website "AS IS" and without any representations or warranties of any kind. All warranties whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of property rights, and quality of any products described on site are hereby disclaimed to the fullest extent permitted by law.
Although we intend to take all reasonable steps to prevent the introduction of viruses and other harmful material, we do not warrant that this website will be uninterrupted, error-free, that defects will be corrected, or that the website or the server that makes the website available are free of viruses or other potentially harmful components. You assume full responsibility and risk of loss, including loss of data such as personal information and credit card information, resulting from your use of this website. NDA Inc. does not make any warranties or representations regarding the use of the materials on this website in terms of correctness, accuracy, adequacy, usefulness, timeliness and reliability or otherwise. NDA Inc. further does not make any warranties or representations regarding the availability or convenience of the services provided by the website.
NDA Inc. also does not warrant, endorse, guarantee, or assume responsibility for the accuracy, reliability, and utility of information appearing on the website that has been supplied by third parties. NDA Inc. shall not accept any liability or responsibility for consequences that may arise due to the usage of such third-party content.
Indemnification
You agree to indemnify, defend, and hold harmless NDA Inc., its affiliates, and their respective owners, officers, directors, employees, agents, licensors, suppliers (collectively the "Service Providers") and third party partners from and against all claims, losses, injuries, damages, and costs (including attorney's fees) or other expenses resulting from the use of this website and/or our services as well as any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account. In the event of such a claim, you agree to allow NDA Inc. to defend the claim. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle or negotiate any claim or action. Please note this provision shall survive the termination of this Agreement and remain in full force and effect.
Third-Party Links
In an attempt to provide increased value to our visitors, NDA Inc. may provide links to websites operated by third parties. NDA Inc. has no control over third party websites, even if the third party is affiliated to NDA Inc. All the websites are owned and operated independently of NDA Inc. and have their own separate privacy and data collection policies. NDA Inc. accepts no responsibility or liability for the independent actions or policies of the third party websites and is not responsible for the content or practices of such websites. These websites are only for your convenience and NDA Inc. does not make any warranties regarding the accuracy, completeness, or reliability for the information contained in any linked third-party site; therefore you may access them at your own risk. Nonetheless, NDA Inc. seeks to protect the integrity of its website and the links placed on it, and therefore requests any feedback on not only its own website, but for websites it links to as well (including when a specific link does not work). In addition, NDA Inc. should not be held liable for links to any page within the website or other website content from any website or web page that makes claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by NDA Inc.
Legal Compliance
You agree that the responsibility of complying with all relevant and applicable laws and statutes lies with you. Using NDA Inc.'s website and services serves as confirmation that you are complying, and will comply with, all applicable laws, ordinances or regulations of local, state, federal, and international governments related to your business and/or use of all information, products, and services offered by NDA Inc.
Termination
The terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process. The terms and conditions, or any part of them, may be terminated by NDA Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
NDA Inc. reserves the rights at any time to change the terms and conditions of this Agreement. Be sure to review this Agreement periodically to ensure familiarity with its most current version. Any enhancements, additions or modifications to the contents on the website will be subject to this Agreement.
NDA Inc. may deliver notices to you by means of e-mail, a general notice on the website, or by other reliable methods to the address you have provided regarding any changes to this Agreement.
Governing Law & Jurisdiction
The terms and conditions and your use of this website shall be governed in all respects by the laws of Canada and the Province of Ontario, Canada without regard to its conflicts of law principles, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over, and venue in, any legal action or proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of NDA Inc. products) shall be brought solely in the Federal or Provincial courts of competent jurisdiction sitting in Ontario, Canada and; you expressly submit to the jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with NDA Inc. is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of NDA Inc. to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision. In addition, you agree to indemnify, defend and hold harmless NDA Inc. and it's officers, employees, representatives & agents from and against any and all losses, damages, costs and expenses, including reasonable attorney fees, arising out of or in connection from any claim or suit arising from the reliance on any information that NDA Inc. provides.
Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of NDA Inc. products) must be commenced within one (1) year after the claim or cause of action arises. NDA Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NDA Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.