Terms and Conditions
These are the Terms and Conditions ("Terms and Conditions") for your use of services or features on the sites owned and controlled by K.V.Wellness ("KVW"), including www.earthsdew.com and www.kvw.earthsdew.com (the "Sites"). We may add additional Sites from time to time as we expand our beauty offerings and these Terms and Conditions will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms and Conditions govern your use of our Sites and your conduct, regardless of the means of access.
We also like to interact with you on third party sites where we post content or invite your feedback, such as www.amazon.com, https://www.facebook.com/Earths-Dew-Natural-Skincare-111398236020384 ("Third Party Sites"). KVW does not control those Third Party Sites, and these Terms and Conditions do not apply to companies that KVW does not own or control, or to the actions of people that KVW does not employ or manage. You should always check the Terms and Conditions posted on Third Party Sites.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites, the compilation (meaning the collection, arrangement and assembly) of all content on the Sites are the exclusive property of KVW and protected by Canadian and international copyright and other intellectual property laws. All rights reserved. All software used on the Sites is the property of the software suppliers and is protected by Canadian and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with KVW, or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, translation, production or communication to the public by telecommunication - without the prior written permission of KVW is strictly prohibited.
earthsdew.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of KVW and may not be used in connection with any product or service that is not offered by KVW in any manner that is likely to cause confusion among customers.
4. Product Information
The products displayed on amazon.com can be ordered and delivered only within countries that Amazon specifies. If any minor uses any goods or product from KVW it should be only after the legal or parental guardian has discussed the product with the minor's doctor. All material and information presented by KVW is intended to be used for personal educational or informational purposes only. The statements and products are not intended to diagnose, treat, cure, mitigate or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. KVW does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. KVW does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911, EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Sites are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from KVW. KVW reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms and Conditions, as determined by KVW in its sole discretion.
5. Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, including the submission of product ratings and reviews and all other data, photographs, graphics, video, messages, social media postings, comments, questions, answers or other materials (collectively, "Content").
6. Your Use of Content on the Sites and Limitation of Liability
KVW is not liable for any statements, representations, or Content provided by its users on the Sites or any Third Party Site. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, is not controlled by KVW. KVW cannot guarantee the accuracy, integrity or quality of such Content. KVW shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will KVW be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites.
You agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. KVW reserves all rights not expressly granted in and to the Content.
7. Your Content Submissions
By submitting Content to KVW you represent and warrant that:
You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to KVW to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms and Conditions);
You understand that your Content may be utilized and distributed by KVW in its marketing materials, including but not limited to, Www.earthsdew.com, KVW emails and social channels;
You shall comply with any relevant legal guidelines regarding the use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting content on KVW’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then you must disclose this in your posting. All disclosures must be made clearly and conspicuously;
All "moral rights" and other non-assignable rights that you may have in such Content have been voluntarily waived by you in favour of KVW and its successors and assigns and you do not require that any personal information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
All Content that you post is accurate;
You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms and Conditions; and that use of the Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit:
Is not false, inaccurate or misleading;
Does not harm minors;
Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership, corporation or other person;
Is not submitted for compensation or other consideration from any third party;
Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," commercial electronic messages or any other form of solicitation; and
Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
KVW does not endorse any Content or any opinion, recommendation or advice expressed therein, and KVW disclaims all liability with respect to the Content posted by third parties.
If your Content includes ideas, suggestions, documents or proposals to KVW through the Sites or email, (a) such Content is not confidential or proprietary and KVW has no obligation of confidentiality, express or implied, with respect thereto; (b) KVW may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from KVW under any circumstances unless you are otherwise notified by KVW in writing.
For any Content that you submit, you grant KVW a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, communicate to the public by telecommunication, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews. This license will survive the termination of these Terms and Conditions and your use of the Site.
8. Third Party Content and Third Party Sites
KVW may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. KVW does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between KVW and such third party. KVW does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Third Party Content, including comments from third party users submitted to KVW, do not necessarily reflect the views of KVW.
9. Modification of Content
All Content that you submit is not confidential and may be used at KVW's sole discretion. KVW may or may not pre-screen Content. However, KVW and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, KVW will have the right to remove any Content that KVW deems, in its sole discretion, to violate any provision of these Terms and Conditions. KVW does not guarantee that you will have any recourse through KVW to edit or delete any Content you have submitted.
10. Reservation of Rights
KVW reserves the right, at any time, without notice and in its sole discretion, to block or prevent your future access to and use of the Sites. All provisions of these Terms and Conditions that expressly survive, or that by their nature are intended to survive, such termination (including disclaimers and limitations of liability, disclaimers of warranties and conditions and statement recognizing KVW’s intellectual property rights) survive the termination of these Terms and Conditions for any reason. KVW may access, preserve and disclose your Personally Identifiable Information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms and Conditions, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of KVW, its users and the public.
Some jurisdictions may not allow the exclusion of implied or legal warranties and conditions, so some of the following exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law. KVW IS PROVIDING THE SITES, AND THEIR CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, KVW DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF TITLE, QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
KVW WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE.
You agree to defend, indemnify and hold harmless KVW (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites; (b) your violation of any term of these Terms and Conditions; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the Sites and the Community.
13. Applicable Law
Except to the extent that the laws of the state, province or territory in which you reside require that the laws of such jurisdiction apply to these Terms and Conditions, the laws of the Province of Ontario, Canada, will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. KVW reserves the right to make changes to the Sites and these Terms and Conditions at any time.
K.V.Wellness, 347-2325 Hurontario Str., Mississauga, ON L5A 4K4
14. Fraud Protection Program
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order.