Welcome to the www.beekeepersnaturals.com website (the “Site”) operated by Beekeeper’s Naturals Inc. (“Beekeeper’s”). By accessing and using this Site for any purpose you agree, without limitation or qualification, to be bound by these terms and conditions (the “Terms and Conditions”) and any amendments hereto. If you do not agree to these Terms and Conditions, you may not use the Site. Beekeeper’s reserves the right to modify and amend these Terms and Conditions at any time without formal notice to you. We will post any such modifications and amendments on the Site and recommend that you regularly review these Terms and Conditions for any such modifications and amendments.
The Site may make available certain data, research, news, statistics, stories, photographs, opinions, advice, views, materials, recommendations or other information (collectively, the “Information”) that Beekeeper’s has prepared itself or that has been independently obtained by other services, individuals and third party providers, including news wires, statistics providers, journalists, authors and other providers (collectively, the “Information Providers”). Beekeeper’s does not guarantee the accuracy, completeness of, timeliness or otherwise endorse, the Information contained on the Site or distributed by Beekeeper’s or any Information Providers.
The Information on the Site is for informational purposes only, and no warranty is made that the Information is error-free. The Information is not intended as health or medical advice and is not and is not intended as a substitute for health or medical advice from your physician or other healthcare provider. Do not use the Information on the Site to treat any disease or condition. The products are not intended to diagnose, treat, cure or prevent any disease. Always speak to a medical professional about your medical issues and consult your health care provider before commencing any health related programs. Reliance on any information provided on this Site or provided by Beekeeper’s is solely at your own risk.
Any Information expressed or made available by the Information Providers or other third parties, including any other user of Beekeeper’s, are those of the respective author(s) or distributor(s) and not of Beekeeper’s. Neither Beekeeper’s nor any Information Provider guarantees the accuracy, completeness, or usefulness of any content, nor its fitness for any particular purpose. In many instances, the information available through Beekeeper’s represents the opinions and judgments of the respective Information Provider. Beekeeper’s neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site or distributed by Beekeeper’s. Under no circumstances will Beekeeper’s be liable for any loss or damage caused by a user’s reliance on information obtained through the Site or distributed by Beekeeper’s. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or distributed by Beekeeper’s. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. By accessing the Site, you agree not to redistribute the information found within.
Ownership of Content and Limitations on Use
The material, software, information, data and other content contained on this Site, including all text, graphics, images and video (the “Content”) is owned or licensed by Beekeeper’s and is protected by copyright and other intellectual property laws. Trademarks, logos and service marks (the “Marks”) displayed on the Site are the property of Beekeeper’s and/or other third parties that may own such Marks.
Content and other materials received through Beekeeper’s may be used for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content and other materials received through Beekeeper’s to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Beekeeper’s.
Links to Third Party Sites
Various links may be provided on this Site to third party sites. Beekeeper’s is not responsible for the operation or use of any information contained on such third party sites nor the activities of such third party sites.
You agree to comply with all applicable laws and these Terms and Conditions when using the Site, and specifically agree not to:
(i) upload, distribute, submit or link to viruses or any other malicious code;
(ii) use any deice, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site;
(iii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(iv) use the Site to do anything that is unlawful, misleading, malicious or discriminatory;
(v) misrepresent your identity;
(vi) submit information or content that is false, misleading, illegal, or promotes conduct that would constitute a criminal offense or give rise to civil liability; and
(vii) submit information or content that is defamatory, discriminatory, offensive, hateful, racist, threatening or pornographic.
Beekeeper’s reserves the right to suspend or terminate your access to the Site or any related services, at any time for convenience, or for any other reason (including without limitation in the event of any breach by you of these Terms and Conditions as determined by Beekeeper’ in its sole discretion) without notice and without liability.
Disclaimer and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE USE OF THE SITE, INCLUDING ANY CONTENT, SERVICES, OR PROGRAMS FOUND THEREON ARE AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (II) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF BEEKEEPER’S, ITS AGENTS, REPRESENTATIVES, LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND RELATED PARTIES (COLLECTIVELY, THE “BEEKEEPER’S PARTIES”), DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO MANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, SUITABILITY, RELIABILITY, COMPLETENESS OR FREEDOM FROM INFECTIONS OR VIRUSES.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE BEEKEEPER’S PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND OR CHARACTER PERTAINING TO THIS SITE AND YOUR USE OF IT. IN NO EVENT WILL BEEKEEPER’S BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY TAX DECISIONS YOU MAKE AS A RESULT OF ACCESSING OR USING THE SITE OR ANY INFORMATION PROVIDED BY BEEKEEPER’S.
You agree to defend, indemnify and hold harmless each of the Beekeeper’s Parties from and against any and all claims, damages, costs and expenses, including without limitation reasonable legal fees, resulting from or relating to: (i) any matter regarding your access to or use of the Site or anything thereon; and (ii) your breach of any provision of these Terms and Conditions.
You agree to use best efforts to cooperate with Beekeeper’s in the defence of any such matter. We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
You have 30 days to return your product once you receive your order. The product must be unopened with the original seals on the container.
We will refund you within 15 days from the time that we receive your return.
These Terms and Conditions constitute the entire agreement between you and Beekeeper’s regarding your use of the Site and supersede any previous agreement between you and Beekeeper’s pertaining to the subject matter hereof. These Terms and Conditions are personal to you and you may not assign your rights or obligations to anyone. We may discontinue or change Beekeeper’s, or its availability to you, at any time. You agree that these Terms and Conditions, as well as any and all claims arising from them will be governed by and construed in accordance with the laws of the Province of Ontario, without reference to conflict or choice of law principles. You agree that the jurisdiction and venue for any legal proceeding relating to these Terms and Conditions shall be in the appropriate courts located in the City of Toronto. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions or parts thereof contained herein. We do not warrant or imply that the Site or materials on it are appropriate for use outside Canada.
If you have any questions about the terms, please contact us.
Beekeeper’s Naturals Refer-a-Friend Program
- Qualified Referral. A Qualified Referral is defined as a purchase made at https://beekeepersnaturals.com/ or https://beekeepersnaturals.ca/ by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must be a first time customer in order for the Referrer to earn a referral reward.
- Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $25 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees. Additionally, the Referred Customer must be a first time customer and not have purchased from our website before in order for the Referrer to earn a referral reward for such purchase.
- Reward Payments. Rewards are payable in increments of $10. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. Beekeeper's Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Beekeeper's sole discretion
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Beekeeper's Refer-a-Friend program.
- Right to Close Accounts. Beekeeper's reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Beekeeper's Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Beekeeper's reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY NOT BE ALLOWED UNDER THE TCPA].
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [COMPANY’S CUSTOMER SERVICE EMAIL ADDRESS]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Toronto, Ontario before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Beekeeper's Natural’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.