Terms Of Use

These Terms of Use (“Terms”) govern your rights and obligations regarding your access to and use of the websites and applications (including any content, documentation, and functionality offered thereon) (collectively, the “Site”) provided by Lucky Iron Fish Inc. or our subsidiaries or affiliates (herein referred to as “Lucky Iron Fish”, “we”, “us”, and “our”). These Terms constitute a fully binding agreement between Lucky Iron Fish and you, the user of the Site and/or the purchaser of goods and services (referred to herein as “you” and “your”), so please read them carefully.

BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY, FOUND HERE, INCORPORATED HEREIN BY REFERENCE.

Modifications to the Terms and to the Site

Lucky Iron Fish reserves the right, in its sole discretion, to revise and update these Terms from time to time. The date on which these Terms were last updated will appear at the bottom of this page, and any and all such modifications are effective immediately upon posting. Your continued use of the Site after any such modifications constitutes your acceptance of, and your agreement to be bound by the new Terms. You should periodically review these Terms so that you are aware of any revision to which you are bound.

The information and material on the Site, and the Site itself, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is restricted to users or unavailable at any time or for any period.

Your Use of the Site

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Site. The Site, including content or areas of the Site, may require that you register as a user or otherwise provide us with certain information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

We reserve the right at any time and from time to time, to block your access to the Site in our sole discretion for any or no reason, including any violation of any provision of these Terms.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, reviews, testimonials, photos, videos, materials, and other information about the Site, or our products and services (collectively, “Submissions”) that you submit, post, publish, display, transmit, or otherwise provide to us, whether through the Site, via e-mail, or otherwise, are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you. By providing Submissions, you hereby grant to Lucky Iron Fish, its successors and assigns, now and in the future, a non-exclusive, worldwide, royalty-free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to use, copy, reproduce, modify, alter, adapt, translate, perform, publish, display, distribute, store, transmit, stream, broadcast, make available, create derivative works, and disclose to third parties any such Submissions for any purpose and to incorporate such material into any form, medium or technology now known or later developed throughout the world, and you further waive any moral rights or other rights of authorship to such Submissions. By providing the Submissions, you represent and warrant that you own or have the necessary rights to provide the Submissions and have the right to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, rights of publicity, copyrights, and any other intellectual property or proprietary rights. You further represent and warrant that all Submissions provided by you are comply with all applicable laws, rules, and regulations and the Site Content Standards set out in these Terms.

You understand and agree that you, not Lucky Iron Fish, are fully responsible for any Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Submissions submitted by you.

Conditions of Use and Site Content Standards

As a condition of your access and use, you agree that you may use the Site only for lawful purposes and in accordance with these Terms.

The following standards and restrictions apply to your conduct and to any and all Submissions that you submit, post, publish, display, transmit, or make available to the Site.

Without limiting the foregoing, you agree as follows:

(a) You will not copy, reproduce, modify, alter, translate, adapt, reverse engineer, disassemble, decompile, decode, hack, attempt to derive or gain access to the source code of, or create derivative works or improvements of, the Site, or any features or functionality thereof.

(b) You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, publicly display, publicly perform, transmit, stream, broadcast, or make available, the Site, or any features or functionality thereof, to any third party for any reason.

(c) You will not remove, delete, alter, obscure, any copyright, trademark, patent, brand element, or other intellectual property or proprietary rights notices provided on the Site.

(d) You will not use the Site for purposes of competitive analysis, the development of a competing product, copying and/or exploiting ideas, features, or functions of the Site, or any other purpose that is to our disadvantage.

(e) You will not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.

(f) You will not introduce or distribute any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(g) You will not attempt to gain unauthorized access to or impair any aspect of the Site, or its related systems or networks.

(h) You will not impersonate, attempt to impersonate, or otherwise misrepresent your affiliation with Lucky Iron Fish, a Lucky Iron Fish employee, another user, or any other person or entity (including, without limitation, by using email addresses, associated with any of the foregoing).

(i) You will not provide or contribute any false, inaccurate, or misleading information.

(j) You will not participate in any form of action or conduct, or submit any Submissions, that:

i. are exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground;
ii. interfere or violate any third party’s, or any other user of the Site’s, right to privacy, or other rights, including intellectual property rights;
iii. cause annoyance, inconvenience, or needless anxiety to other users of the Site, or any third party;
iv. are likely to upset, embarrass, or alarm any user of the Site or any third party; or
v. may otherwise have a disruptive, destructive, or negative impact on Lucky Iron Fish, other users of the Site, or any third party.

(k) You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Lucky Iron Fish or users of the Site or expose them to liability.

(l) You will not promote or engage in any illegal activity, or advocate, promote, or assist any unlawful act.

(m) You will not, in any manner, violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or submit Submissions that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

Intellectual Property

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Lucky Iron Fish, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Our name, the Lucky Iron Fish, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Lucky Iron Fish or its affiliates and licensors. You must not use such marks without the prior written permission of Lucky Iron Fish. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

By using the Site, you agree to respect all copyright, trademark and other legal notices, information, and restrictions contained in any of the content that we provide through the Site.

We do not grant you a right or license to reproduce content from the Site, for any reason.

No Reliance

The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. Your use of the Site is at your own risk and Lucky Iron Fish has no responsibility or liability whatsoever for your use of this Site.

This Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Lucky Iron Fish, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Luck Iron Fish. Lucky Iron Fish has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials

Third Party Sites

Links on the Site to other websites, applications, or resources provided, operated, or maintained by parties other than Lucky Iron Fish (“Third Party Sites”) are provided to you for convenience only. By accessing such Third Party Sites through the Site, you are consenting to the terms of service and privacy policies of those Third Party Sites. We are not responsible for the availability of such Third Party Sites, and we do not accept any responsibility or liability for their content or policies. You should read the terms of service and privacy policies of such Third Party Sites, and make an informed decision whether or not to use these Third Party Sites based upon their practices and your discretion.

Online Purchases

All orders, purchases or transactions for the sale of our products and services made using this Site are subject to the Terms of Sale (found here), which are incorporated into these Terms.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUCKY IRON FISH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, LUCKY IRON FISH DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, LUCKY IRON FISH DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCE WILL LUCKY IRON FISH, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, SUPPLIERS, REPRESENTATIVES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SITE, OR YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY THIRD PARTY SITES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Lucky Iron Fish, its directors, officers, employees, shareholders, affiliates, subsidiaries, partners, licensors, suppliers, representatives, agents, contractors, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or in connection with: (i) your use of the Site, or the Submissions you submit through the Site; (ii) your breach or violation of these Terms or the Privacy Policy; or (iii) your violation of the rights of another person or entity.

No Waiver

No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Dispute Resolution and Governing Law

These Terms, the Terms of Sale, and the Privacy Policy (and all other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada as applicable therein, without giving effect to any common law or statutory principles of choice or conflicts of law. You expressly agree that any action arising out of or relating to your use of the Site shall be filed in a court in the Province of Ontario and that you attorn to the jurisdiction of that court.

Severability

If any provision in these Terms (including the Terms of Sale) is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.

Entire Agreement

These Terms, together with the Terms of Sale and the Privacy Policy, constitute the entire agreement and understanding of Lucky Iron Fish and you with respect to their subject matter, and replace and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and undertakings regarding the subject matter, whether written or oral.

Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to:

Contact: Customer Service
Email: info@luckyironfish.com


These Terms of Use last updated on May 22, 2020. 

Terms of Sale

These Terms of Sale (“Terms of Sale”) apply to the purchase and sale of products and services through our websites and applications (collectively, the “Site”). These Terms of Sale are an integral part of the Terms that apply generally to the use of our Site, and any capitalized terms not otherwise defined in these Terms of Sale have the meanings ascribed to them in the Terms. You should review these Terms of Sale, the Terms, and the Privacy Policy carefully before placing an order for products and services through this Site.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU: (A) DO NOT AGREE TO THESE TERMS OF SALE; (B) ARE NOT THE AGE OF MAJORITY IN YOUR PROVINCE, STATE, OR TERRITORY OF RESIDENT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE BY APPLICABLE LAW.


Modifications to the Terms and to the Site

Lucky Iron Fish Inc. (“Lucky Iron Fish”, “we”, “us” and “our”) reserves the right, in our sole discretion, to revise and update these Terms of Sale from time to time. The date on which these Terms of Sale were last updated will appear at the bottom of this page, and any and all such modifications are effective immediately upon posting. Your continued use of the Site after any such modifications constitutes your acceptance of, and your agreement to be bound by the new Terms of Sale. You should review these Terms of Sale before purchasing any products or services that are available through this Site.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms

All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You agree to provide accurate and up-to-date payment information at the time you order any product or service. We have contracted with a third-party payment processor to facilitate purchases made on the Site. When you make a purchase through the Site, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee, and we will not be responsible for such fees.

By placing an order, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

By purchasing products, you hereby agree not to resell or distribute such products for any commercial purposes, and you represent that you are buying products and persons for your own personal use. All orders are subject to our acceptance or rejection based on product availability, noncompliance with these Terms of Sale or any other reason as determined in our sole discretion. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.

Shipments, Delivery

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shopping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds

Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days of delivery with valid proof of purchase and provided such products are returned in their original condition. [NTD: confirm that you have a return policy]

To return products, please email us at [EMAIL ADDRESS] with your name, address, order number, and the product(s) you would like to return. After we receive your written request, we will respond with further instructions about returning the product(s) to us.

Upon receiving the returned product(s) from you, we will process any refunds due to you within approximately thirty (30) days of our receipt of the returned product(s). Your refund will be credited back to the same payment method used to make the original purchase on the Site. We will not refund your cost of returning the product(s) to us and you are responsible for all shipping and handling charges on returned items, unless otherwise specified. You bear the risk of loss during shipment.

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT THE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU USE THE PRODUCT SOLELY AT YOUR OWN RISK. WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING (i) ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

IN NO WAY ARE WE PROVIDING MEDICAL ADVICE OR HEALTH RECOMMENDATIONS AND WE RECOMMEND THAT YOU CONSULT WITH A PHYSICIAN BEFORE ORDERING OUR PRODUCTS.

In the event that a product is not as described, your sole remedy is to return the product to us.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, ADVERSE HEALTH IMPACT, LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SALE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.

Intellectual Property

You acknowledge and agree that the sale of any products and services to you does not constitute the transfer of any intellectual property or industrial rights in and to those products and services. In particular, by purchasing a product or service, you do not have the right reverse engineer, copy, or reproduce the products or services. Lucky Iron Fish is and will the sole and exclusive owner of all intellectual property and industrial rights in and to each product and service made available on this Site, including, but not limited to, all related copyrights, patents, industrial designs, and trademarks.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

Contact Us

All questions and other communications relating to these Terms of Sale should be directed to:

Contact: Customer Service
Email: info@luckyironfish.com


These Terms of Use last updated on May 22, 2020.