terms & conditions

Welcome to comingclean.ca!

 

The website comingclean.ca (the “Site” or “Website”), is owned and operated by Coming Clean Inc. (the “Company”, “Coming Clean”, “we”, “us”, or “our”).  The following terms and conditions (“Terms & Conditions”, or “Terms”) govern your (“you”) access to and use of the Site, and the services provided by Coming Clean Inc.  By using, browsing, and/or otherwise accessing the Site via any computer, mobile phone, tablet, console, or other device (collectively, “Devices”), you acknowledge that you have read, understand and agree to be bound by the Terms & Conditions referenced herein and will comply with all applicable laws and regulations.  Please read these Terms & Conditions carefully before accessing or using our Site.  If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of the services therein.

 

Any new features or services which are added to the Site will also be subject to these Terms & Conditions. We reserve the right to update, change, or replace any part of these Terms & Conditions at any time without notice.  All changes and revisions will be posted to this page and will be effective immediately upon posting. Your continued use of the Site or our services will be considered acceptance of the revised Terms.


Privacy

 

Please review our Privacy Policy which also governs your visit to our Site and the use of our services, and shall be incorporated herein as part of these Terms & Conditions.

 

Electronic Communication

 

When you access our Site or send us emails, you are communicating with Coming Clean Inc. electronically.  We will communicate with you by email or by posting notices on the Site.  You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Minors

 

Coming Clean’s services are only available to, and may only be purchased by, individuals who are 18 years of age or older and who can form legally binding contacts under applicable law.  If you are not 18 years of age or older you may not use or purchase any of our services.

 

Protection of Website Content

 

All content, text, graphics, logos, button icons, images, audio clips, videos, digital downloads, data compilations, code, and software used on or incorporated into the Site and/or any of Coming Clean services, and the arrangement or integration of all such content, text, graphics, logos, button icons, images, audio clips, videos, digital downloads, data compilation, code, and software property are copyrighted materials owned by or licensed to Coming Clean Inc. and all rights thereto are specifically reserved and protected by all applicable Canadian laws and International copyright laws.

 

Coming Clean, and other marks indicated on our Site are trademarks of Coming Clean Inc in Canada and the United States.  Coming Clean’s graphics, logos, page headers, button icons, scripts, and service names are trademarks of and/or are the intellectual property owned by or licensed to Coming Clean Inc.  The foregoing trademarks and intellectual property owned by Coming Clean Inc. may not be used in connection with any product or service that is not ours, in any matter that is likely to cause confusion, or in any manner that disparages or discredits Coming Clean Inc.  All other trademarks and intellectual property not owned by Coming Clean Inc. that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Coming Clean Inc.

 

Except as otherwise specified herein, use of comingclean.ca and our services does not grant you license to any materials, content, or features you may access on the Site.  You may not modify, lease, loan, sell, display, distribute, or create derivative works of such materials, content, or features in whole or in part.  You may not download (other than page caching) or save a copy of any of the materials, content or screens for any purpose other than when specified on the Site without the express written consent of Coming Clean Inc.  Any resale or commercial use of the Site or its contents is strictly prohibited.  Any collection and use of any service listings, descriptions, or prices; downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools, is strictly prohibited.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including images, text, page layout, or form, belonging to Coming Clean Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s name or trademarks without the express written consent of Coming Clean Inc.  Any unauthorized use terminates the permission or license granted by Coming Clean Inc.  You also agree not to take any action that interferes with the proper working of, or places any unreasonable load on the Site’s infrastructure including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses or malware.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Coming Clean’s home page, so long as the link does not portray the Site or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the Site’s logos or other proprietary graphic or trademark as part of the link without express written permission.

 

Payment Information

 

All information that you provide to Coming Clean Inc. including your credit card information is subject to our Privacy Policy.  To make online purchases from Coming Clean Inc. you must submit credit card information. We accept VISA, MasterCard, American Express, Discover, and PayPal.

 

When purchasing products or services from the Site you represent and warrant to the Coming Clean Inc. that the credit card information provided is true and that you are authorized to use the payment instrument. You agree to promptly update Coming Clean Inc. with any changes that may occur to your billing information, including billing address changes.  You authorize us to use any updated credit card information submitted by your credit card company directly to Coming Clean Inc.  If you dispute any charges, you must inform us with thirty (30) days upon receipt of payment.

 

We reserve to right to refuse any order you place with Coming Clean Inc.  We may, at our sole discretion, limit or cancel items purchased by you from the Site.  In the event that we make a change to or cancel your order, we will attempt to notify you by the email and/or the phone number provided at the time the order was placed.  We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be fraudulent, or made by someone under the age of 18.

 

Modification to Products, Services and Prices

 

We reserve the right to change the prices or fees for our services, and/or modify or discontinue the services offered by Coming Clean at any time without notice.  Your continued use of the Site and Coming Clean’s services after a change and/or modification to the prices or services offered becomes effective, constitutes your agreement to pay the changed and/or modified amount or service.

 

Errors, Inaccuracies and Omissions

 

Occasionally there may be information on the Site or in the services offered that contain typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or in the services is inaccurate at any time without prior notice, including after you have submitted your order.  We undertake no obligation to update, amend, or clarify information on the Site or in the services, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Site or in the services, should be taken to indicate that all information on the Site or in the services has been modified or updated.

 

Promotional Offers

 

Occasionally Coming Clean runs promotional offers and discounts on its services.  Please read the official rules that may accompany any promotional offer, coupon, discount, and/or contest.  Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes, and cannot be used in conjunction with other offers, or applied to any previous orders.  Discounts will appear upon checkout. Terms are subject to change at any time without notice.

 

Prohibited Uses

 

Coming Clean and its services may be used for lawful purposes only and are available for your personal, non-commercial use, which shall be limited to viewing the Site, using services, purchasing services, providing information to Coming Clean, and downloading information for your personal review.  You are responsible for your own communications, including transmission, posting, and the uploading of information, and you are responsible for the consequences of such communications.  Coming Clean Inc. specifically prohibits its users from using the Site and its services for fraudulent, unauthorized, or illegal activities, including but not limited to the following:

 

  • Posting, transmitting, uploading, distributing or publishing any content that is libelous, defamatory, blasphemous, fraudulent, threatening, harassing, vulgar, offensive, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing, or otherwise illegal, as determined in the sole discretion of Coming Clean Inc;

  • Harassing, threatening or intentionally causing distress to other users of Coming Clean Inc., our staff, partners, suppliers or investors;

  • Impersonating another person;

  • Engaging in conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, provincial, national, or international law or regulation;

  • Communicating, transmitting, or posting material that infringes on a third party’s intellectual property, privacy, or publicity right;

  • Attempting to interfere in any way with Coming Clean’s network security or attempting to use the Site’s services to gain unauthorized access to any other accounts or computer system.

 

You also agree to comply with all other applicable city, provincial, national, or international laws, regulations and treaties while using the Site.  By continuing to use our Website, you agree to comply with generally accepted Internet standards and will refrain from any abusive use of the Site.

Submitted Content

 

Any and all content, comments, feedback, suggestions, ideas, concepts, photos, videos, questions or other communications (collectively “Submitted Content”) that you submit or post to our Website shall be deemed non-confidential and non-proprietary.  By submitting or posting any Submitted Content, you grant us perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, reproduce, modify, publicly display, create derivative works from, sub-license and transfer license to copy, publish, translate, or use the Submitted Content in any commercial or non-commercial manner whatsoever, including but not limited to developing and marketing communications that incorporate or otherwise rely upon such information.  We shall have no obligation to compensate users for Submitted Content or respond to any Submitted Content.  Coming Clean Inc. retains the right in its sole discretion and without prior notice, to remove, revise, or refuse to post any Submitted Content for any reason or no reason.

 

By submitting or posting Submitted Content, you represent and warrant that the Submitted Content does not contain false or misleading information; infringe on the intellectual property rights of any third party; contain any libelous, defamatory, obscene, offensive, threatening, or otherwise harassing content; contain any addresses, email addresses, phone numbers, or any contact information; or contain computer viruses or other harmful files.  You are solely responsible for the Submitted Content and you hereby agree to indemnify and hold Coming Clean Inc. and its employees, suppliers and investors harmless from any and all damages, claims, expenses, costs, or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

 

Third Party Sites

 

Coming Clean Inc. may provide links to third party websites that are not owned or controlled by Coming Clean Inc., including, but not limited to, Facebook, Instagram, and Pinterest (“Third Party Sites”).  We provide these links solely as a convenience to you.  We do not review, approve, endorse, or make any representations about these Third Party Sites, the companies or individuals who own and/or operate them, or any information, software or other products and services made available through these Third Party Sites, or any results that may be obtained from using them.  If you decide to access any Third Party Sites linked to comingclean.ca, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with these websites. 

 

Any access to and use of linked Third Party Sites is not governed by Coming Clean's Privacy Policy.  Our privacy statement applies only to information collected by Coming Clean, it does not cover any information that you disclose to these Third Party Sites or information that they may collect.  The privacy policies of these other Third Party Sites may be significantly different from Coming Clean's Privacy Policy so we encourage you to be aware when you leave our Site, and to read the privacy policies of each website prior to disclosing your personally identifiable information to them.  Coming Clean Inc. is not responsible for the privacy practices or content of such Third Party Sites, visiting these other websites is at your own risk.

 

Disclaimer of Warranties and Limitation of Liability

 

comingclean.ca is provided by Coming Clean Inc. on an “as is” and “as available” basis.  We make no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or services include on the Site.  We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free; or that the results that may be obtained from the use of the services will be accurate or reliable. You expressly agree that your use of, or inability to use, the Site and its services is at your sole risk.

 

To the full extent permissible by applicable law, Coming Clean Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.  Coming Clean Inc. does not warrant that comingclean.ca, its servers, or emails sent from Coming Clean Inc. or the Site are free of viruses or other harmful components. You assume the entire risk as the user of the Site for the downloading, or any other acquisition of any information, content or materials through the Website, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

In no case shall Coming Clean Inc., its partners, investors, affiliates and suppliers, and each of their respective directors, officers, employees, investors, consultants, agents, representatives, contractors, interns, suppliers, service providers and licensors be liable for any damages of any kind arising from the use of the Site, or the related services, including, but not limited to, injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages including lost profits, lost revenue, lost savings, lost data, or business interruption, whether based in contract, tort (including negligence), strict liability or otherwise, even if Coming Clean Inc. or any of its employees, partners, investors, affiliates and suppliers has been advised of the possibility of damages.  Some jurisdictions do not allow limitations on implied warranties or the exclusion of the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

If you are dissatisfied with any portion of the Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue use of the Site.  If the services offered through comingclean.ca are not as described, customers can seek a refund in accordance with our Refund Policy.

Indemnification

 

You agree to indemnify, defend, and forever hold harmless Coming Clean Inc. and our partners, investors, affiliates, subsidiaries, and suppliers and each of their respective directors, officers, employees, investors, consultants, agents, representatives, contractors, interns, suppliers, service providers and licensors, harmless from any claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, including reasonable attorneys’ fees, made by any third party arising out of, incurred by reason of, or in connection with your use of the Site or any related services, including but not limited to information or content submitted, transmitted, or otherwise made available on or through the Site, the breach or attempted breach of these Terms, or your violation of any law or the rights of a third party.

 

Communications and Notices

 

You consent to receive all communications and notices pertaining to these Terms & Conditions or other agreements by electronic email or via the Website, and that all such communications and notices from Coming Clean Inc. to you shall be considered written communication.

 

Governing Law

 

By visiting comingclean.ca, you agree that these Terms & Conditions and any action, controversy, claim, or dispute arising out of or relating in any way to the use of the Site or our services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, without regard to conflict of laws principles.  You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of this Site.

 

Severability

 

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Termination

 

You agree that we may immediately terminate your access to the Site and our services, with or without cause, in our sole discretion, without prior notice.  Without limiting the foregoing, the following will lead to Site access termination: a breach or violations of these Terms & Conditions or other incorporated agreements and guidelines; requests made by law enforcement or other government agencies; or unexpected technical issues or problems. You agree that we are not liable to you or any third party for the termination of your access to our Site or to our services.

 

Terms & Conditions Revisions

 

We reserve the right to update, revise, or replace any part of these Terms & Conditions at any time by posting to this page.  It is your responsibility to visit this page periodically to review the current Terms for any changes.  Your continued use of or access to our Site or our services following the posting of any changes to the Terms & Conditions constitutes acceptance of these revised Terms.

 

Entire Agreement

 

These Terms & Conditions together with our Privacy Policy constitute the complete and entire agreement between you and Coming Clean Inc. pertaining to the use of the Site and supersede any prior or contemporaneous agreements, communications and proposals, whether written or oral, including, but not limited to, any prior versions of the Terms & Conditions.  Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

 

Waiver

 

Coming Clean Inc. will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Coming Clean Inc.  No delay or omission by Coming Clean Inc. in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.

 

General Information

 

You may also be subject to additional terms and conditions that are applicable to the services provided by Coming Clean Inc.  The invalidity of any term, condition, or provision in these Terms & Conditions shall not affect the enforceability of those portions deemed enforceable by applicable courts of law.  The section titles in these Terms & Conditions are for convenience only and have no legal or contractual effect.

 

Additional Information

 

If you have questions about these Terms & Conditions, please contact us at info@comingclean.ca.

Updated February 5, 2019