Terms and Conditions
IMPORTANT WARNING. YOU MUST BE 18 YEARS OF AGE TO BROWSE AND PURCHASE FROM SITE - PLEASE READ AND UNDERSTAND OUR TERMS OF SERVICE VERY CAREFULLY BEFORE PLACING ANY INITIAL AND FUTURE ORDERS TO STAY UPDATED.By placing an order on the website kratomgenie.com, the buyer understands and agrees to the following conditions.
Last updated: Nov 11, 2021
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with http://www.kratomgenie.com website (the "Service") operated by S.Genie ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Promotions may be available for a limited time.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics or code are the property of S.Genie and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with S.Genie. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of S.Genie or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by S.Genie.
S.Genie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that S.Genie shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
You agree to indemnify, defend and hold harmless S.Genie, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
S.Genie, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
S.Genie makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
S.Genie its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and S.Genie chooses not to immediately act, or chooses not to act at all, S.Genie will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. S.Genie does not waive any of its rights. S.Genie shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Raw Materials
S. Genie raw materials are sold for further processing and for research and development purposes. Raw materials are not approved for human or animal consumption. Our raw materials are not finished products. We do not manufacture, sell or represent our raw materials as Natural Health Products. None of our raw materials can be used by the purchaser to manufacture, sell, or represent a Natural Health Product. Our raw materials and establishment are not approved for applying for product licenses such as a DIN or NPN natural health products in Canada. We do not label our products with health claims, and we do not include any directions of use. Our products are not sold as food or drugs. Purchaser agrees that they will not label, package, treat, process, sell, or advertise our raw materials in any false, misleading, or deceptive manner or is likely to create an erroneous impression regarding its character, value, and quantity, composition, merit, or safety.
Our raw materials are not Natural Health Products and are not suitable for the manufacturing, selling, or representation for use as Natural Health Products. Raw materials are not suitable for consumption and are not to be used in the diagnosis, treatment, mitigation, or prevention of a disease, disorder, or abnormal physical state or its symptoms in humans; (b) restoring or correcting organic functions in humans; or (c) modifying organic functions in humans, such as modifying those functions in a manner that maintains or promotes health. While it was not the intent of Health Canada to regulate raw materials and the Natural Health Products Regulations are not applicable, there are other Acts and regulatory frameworks that may need to be followed, such as, for example, the Controlled Drugs and Substance Act in Canada. Important: If you need raw materials that will fall outside the scope of the Natural Health Product Raw Materials Policy found on the Health Canada website. Please contact us so we can refer you to a source with the proper site license. It is strictly forbidden to use our raw materials if they will be manufactured, sold, or represented for use as Natural Health Products.
Raw materials can be used for many purposes, for example:
Raw Materials can be purchased for further processing, research and development, and exporting outside of Canada.
Raw materials that will be sold as-is or manufactured into products that will be exported: Please review Appendix I of the Natural Health Product Raw Materials Policy on the Health Canada website.
Raw plant materials can be further processed into botanical extracts and essential oils.
Raw materials in the form of plant extracts can be further processed by manufacturers and researchers. Ex. HPLC testing, post-processing, and refining, fractionation, distillation.
We do not sell our raw materials as finished products. They are not approved for human consumption.
We do not sell our raw materials as incense, but our raw materials can be used to manufacture incense.
We do not sell our raw materials for aromatherapy, but our materials can be used to manufacture essential oils and extracts.
Our raw materials can be used in the manufacturing process and for educational and scientific research that is not for consumption. It is up to the purchaser to research and follow the laws that govern their country, province, territory, and municipality.
All Purchasers must be at least 18 years of age and may be asked to prove it. Any order or purchase made by an under-aged Purchaser will result in the suspension of that account and possibly legal and criminal action.
DO NOT purchase or use any botanicals without first researching them to ensure compatibility with your project and that all safety precautions are followed.
To ensure compliance with the foregoing, S. Genie reserves the right at any time to confirm the purpose and status of any research and development project being undertaken by S.Genie customers.
Research for educational purposes may need to be confirmed by the institution for which the research has been undertaken. If such be the case, please include contact information for the institution when placing your order. Please voluntarily inform us of your end-user declaration of your research in the additional notes on checkout to avoid possible delays. You may be asked to provide proof of government id.
S.Genie makes no warranty or representation as to the fitness for the use of any of its products.
Most botanicals offered by S.Genie are relatively unknown in the scientific community; therefore, in purchasing them, you are releasing S.Genie from any liability associated with their use.
Any contribution you make to S.Genie of the results of your research and development will be happily received by S. Genie to bring more information to them and the research community.
By purchasing any products on www.kratomgenie.com or any directly affiliated websites or companies, you confirm that you are at least 18 years of age and intend to use any products purchased for further processing or research and development purposes only. By purchasing any of our products or by visiting our website, you have entered into an electronic agreement stating your awareness of the legal regulations and requirements involved with these botanicals and botanical extracts according to your location, as well as your knowledge of their data, information and all dangers associated with any products listed on our website including possible injury or death. Our products are strictly not for human consumption, nor are they for veterinary or other animal use. Any violations of these policies will result in permanent termination of your accounts and potential future services, as well as possible notifications to the proper authorities.
All information transmitted via e-mail and on the phone is kept private and confidential. Our company accepts no liability for the consequences of any actions taken based on the information provided. We are not Herbal Practitioners and do not offer advice, do not recommend, or suggest that our raw materials are for consumption.
Our shipping and customer account application processes evolve regularly. You must be prepared to offer proof of identity as well as proof of address first and foremost. Other screening procedures are taken on a case-by-case basis to avoid fraudulent activity. Our shipping policies and account policies are subject to change for any reason, and we reserve the right to make whatever changes are necessary to maintain security.
For legal and scientific inquiries, please contact us.
Buyer will take total liability for punitive damages, personal injury damages, lost profit or revenues, loss of use of product or equipment, and any loss of property that may result from the purchase or use of products from Seller. Buyer agrees to indemnify and hold harmless Seller, its suppliers, employees, owners, and agents for and against any and all losses, damages, and expenses, including legal fees, which may result from the unsafe, improper or illegal use, or unintended use of any product provided by Seller.
Buyer understands that Sellers offer of any product is void where prohibited and that it is Buyers own responsibility to check and abide by local laws and regulations. Buyer will adopt and use all necessary safety precautions and abide by all local, state/province, and government regulations in accordance with the use of any product provided by Seller. The Buyer agrees to make no attempt to hold Seller liable for anything that may happen to a consignment while en route, and Buyer understands that since Seller cannot know of all laws for all countries, it is entirely the Buyers responsibility to make certain that the products ordered are allowed in Buyer’s country of residence. The buyer understands that if the package is opened, returns cannot be accepted due to the possibility of contamination of the product. We do not ship where it is prohibited based on federal, state or provincial, local or municipal laws and by-laws. International shipping is at your own risk, with no Guarantee whatsoever!
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Quebec and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please contact us.
IMPORTANT NOTE
With the submitting of your personal information to the site or ordering system, you, the Buyer, agree to all of the terms and conditions stated in this electronic document. You, the Buyer, will be legally bound by the terms and conditions stated in this electronic document.
