Terms of service.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies, as modified from time to time as also referenced herein and/or available by hyperlink. 

TERMS OF SERVICE OVERVIEW 

Welcome to New Earth. Throughout “the site” (www.newearth.care) , the terms “we”, “us” and “our” refer to New Earth (14360036 Canada Inc.). New Earth offers this website, including, and not limited to any content, information, products or services made available on or through the Site or our social media accounts (collectively, together with the Site, the “Services”)  to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  

Please read these Terms carefully before using the Site or any of the Services.  

1. ACCEPTANCE OF TERMS

 By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, as also modified from time to time. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. Acceptance by us of your offer to place the Order shall be subject to these Terms and Conditions, which are the underlying Terms, governing the Order.

Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, add, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

2. ONLINE STORE TERMS 

 Age Requirement: By agreeing to these Terms of Service, you warrant that you are at least the age of majority in your state or province of residence. If you are not of legal age, you must have your parent or guardian's consent to use this site.

Acceptable Use: Our products and services cannot be used for any illegal or unauthorized purposes, nor can they violate any laws in your jurisdiction (including copyright laws). Additionally, you may not transmit harmful code like worms or viruses.

Termination: A violation of these Terms will result in the immediate termination of your access to our services. Upon termination, we are relieved of all obligations to you.

Privacy Policy: Our Privacy Policy, which governs the processing of your personal data, is incorporated into these Terms by reference. You must agree to the Privacy Policy to use our site and services.

General Conditions:

  • We reserve the right to refuse service to anyone for any reason.

  • You understand that your content (except credit card information) may be transferred unencrypted over networks and potentially altered to meet technical requirements. Credit card information is always encrypted during transfer.

  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of our service, website content, use of the service, products, or access to the service without our express written permission.

  • Headings in this agreement are for convenience only and do not affect the Terms themselves.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

 We are not responsible for the accuracy, completeness, or timeliness of information on this website. The information provided is for general informational purposes only and should not be solely relied upon for decision-making. We recommend consulting with specialists or seeking primary, more accurate, current, or complete sources of information before taking action.

This site may contain historical information, which is not guaranteed to be current. We reserve the right to modify the content of this website at any time, but we have no obligation to update any information. You are responsible for monitoring changes to the website and the information it contains. 

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice.  

We reserve the right at any time to modify or discontinue the product or Service (or any part or content thereof) without notice at any time. 

 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product\s. 

 

SECTION 5 – PRODUCTS OR SERVICES  

  Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any defects therein will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Return Policy.

SECTION 7 - OPTIONAL TOOLS 

 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

 We may also, in the future, offer new. Such new products shall also be subject to these Terms and Conditions. 

 

SECTION 8 - THIRD-PARTY LINKS AND MATERIALS USED 

 Certain products or Content available via our website may include materials from third-parties. 

 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 

 We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

(1) to maintain any comments in confidence;

(2) to pay compensation for any comments; or

(3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please click HERE

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

SECTION 12 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: 

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; 

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose;

or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that  the Product will be suitable for the purpose for which you procure or that its supply will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Product will be accurate or reliable. 

 You agree that from time to time we may remove the specific products for indefinite periods of time or limit its supply, without notice to you. You expressly agree that your use of, or inability to use, the service offered through this website or portal or any of our digital platforms is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and and ‘as available’; for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall New Earth, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service offered through this website or portal or any of our digital platforms or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

In the event of delivery of the Product in states or jurisdictions which do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless New Earth and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

SECTION 15 - SEVERABILITY 

 In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

SECTION 17 - ENTIRE AGREEMENT 

 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site and amended from time to time in respect to The Service offered through this website or portal or any of our digital platforms constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

 

SECTION 18 - GOVERNING LAW 

 These Terms of Service and any separate agreements whereby we provide you Services or supply products shall be governed by and construed in accordance with the laws of  Canada. 

 

SECTION 19 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

SECTION 20 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at hello@newearth.care  

 

Our contact information is posted below: 

  • 14360036 Canada Inc. “NEW EARTH” 

  • hello@newearth.care  

  • Brampton, ON Canada 

  • BN: 700422405RC0001 

  • HST: 700422405RT0001