Please review the following rules that govern the use of this website (“this Website”) before using it.
PLEASE NOTE THAT YOUR USE OF THIS WEBSITE SIGNIFIES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS.
Although you may bypass this Agreement, your use of this Website still binds you to the Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice to you, and your subsequent use of this Website signifies your unconditional agreement to follow and be bound by the then-current Terms and Conditions. We encourage you to review these Terms and Conditions whenever you use this Website.
Ownership, Copyright and Trademark
This Website is operated by and is the property of Vitality Air. The domain name, trademarks, trade names, copyright and other intellectual property of vitalityair.ca are owned byVitality Air.
Vitality Air expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer, nor shall such access be considered as conferring, upon anyone any license under any of these intellectual property rights. Access to this Website does not authorize anyone to use any of Vitality Air’s name, logo, mark or any other intellectual property in any manner.
Use of Website
This Website and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on this Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Website or any related software. The content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.
Vitality Air reserves the right to limit quantities, refuse orders, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Vitality Air believes that customer conduct violates applicable law or is harmful to the interests of Vitality Air or any third parties.
All sizes quoted are approximate.
Delivery Policy
Vitality Air reserves the right to use third party carriers at its sole discretion and without notice to the customer.
Access
In its sole discretion, in addition to any other rights or remedies available to Vitality Air and without any liability whatsoever, Vitality Air at any time and without notice may terminate or restrict your access to any component of this Website.
Pricing and Credit
Vitality Air endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Vitality Air cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Vitality Air does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Vitality Air reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars. Prices posted on this Website may differ from those posted in stores owned and operated or third party to Vitality Air.
Vitality Air offers limited-time sales values, special buys and items. Due to competitive market pressures, prices are subject to change. Vitality Air reserves the right to correct, at any time, any pricing errors and to refuse to complete a sale that is the subject of a pricing error.
Vitality Air charges provincial sales tax in every province as applicable to avoid the need for customers to conduct a self assessment as required by Provincial governments.
Additional Terms
Additional terms may apply to purchases of products and services offered on this Website. Please refer to your sales contract at the time of purchase.
Privacy Policy
You have read the Privacy Policy of Vitality Air, the terms of which appear on this Website and are incorporated into these Terms and Conditions. You agree that the terms of such policy are reasonable. You consent to the use of your personal information by Vitality Air in accordance with the terms of and for the purposes set forth in Vitality Air’s Privacy Policy.
Liability Disclaimer
Except as explicitly provided in the foregoing paragraphs, Vitality Air makes no representations or warranties of any kind, express or implied, regarding the websites and/or any materials provided on the websites, all of which are provided on an "as is" and "as available" basis. Vitality Air does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the websites, or any of the content or data found on the websites, and expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Vitality Air is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Vitality Air assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the websites or your downloading of any materials, data, text, images, video or audio from the websites. In no event shall Vitality Air be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the websites or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the websites for purchases), of the performance or non performance by Vitality Air, even if Vitality Air has been advised of the possibility of damages by such parties or any other party.
Indemnification
You shall indemnify and save harmless Vitality Air and its officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the websites.
Governing Law
This Agreement and its performance shall be governed by the laws of the Province of Alberta, Canada. You consent and submit to the exclusive jurisdiction of the courts and administrative tribunals, as the case may be, located in the City of Edmonton, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of the websites and these Terms and Conditions.
Severability
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Headings
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by Vitality Air making such amendments or modifications available to it pursuant to the Terms and Conditions.