1. You may make donations to Clear Heads International Ltd ("us" or “we”) through the Dry Feb Website (http://www.dryfeb.ca) and, from time to time, you may order certain products from the Dry Feb Website. Products ordered on the Dry Feb Website are sold by the Canadian Cancer Society a charity registered in Canada - No. 11882 9803 RR0001 (CAN), whose registered office is at 55 St. Clair Avenue West, Suite 500 Toronto, ON M4V 2Y7 ("CCS"). If you place an order for a product on the Dry Feb Website you will be redirected to the Canadian Cancer Society shop website (http://www.cancer.ca/) ("CCS Website").
2. By making donations, or placing an order for any products through the Dry Feb Website ("Purchase Order"), you agree that you have read, understand and agree to be bound by these terms and conditions in effect at the time of your donation or purchase ("Payment Terms").
3. Your donations, Purchase Orders and your use of the Dry Feb Website are also governed by other terms of "Our Agreement". Our Agreement comprises: (a) the Dry Feb Website Terms and Conditions (we call these in this document, Terms and Conditions); (b) the Privacy and Cookies Policy; (c) policies, notices and disclaimers displayed elsewhere on the Dry Feb Website; and (d) these Payment Terms. You must also read the Terms and Conditions before making any donation or Purchase Order as the Terms and Conditions also govern your donations and Purchase Orders. Some of the terms used in these Payment Terms are defined in the Terms and Conditions.
4. These Payment Terms are subject to change without prior written notice at any time and such changes shall apply to any Purchase Orders or donations made after such changes are posted to the Dry Feb Website. The Terms and Conditions may also be amended from time to time. Therefore, you should review these Payment Terms and the Terms and Conditions prior to making each Purchase Order or donation so you understand the terms applicable to your transaction.
5. If you do not agree to these Payment Terms or the Terms and Conditions, do not make any donations or place any purchase orders on the Dry Feb Website.
6. To make a donation or place a Purchase Order on the Dry Feb Website, you must:
(a) be over 18 years of age;
(b) comply with these Payment Terms (and the Terms and Conditions);
(c) have a current email address; and
(d) have a valid credit, debit card or PayPal account which you are authorised to use for making the donation or placing the purchase order by under these Payment Terms and other Terms and Conditions.
7. You must comply with the requirements for passwords as set out in the Terms and Conditions and maintain the security of your log-in access details including your password, which enable you to access your account and treat such information as strictly confidential. You shall be fully responsible for all use of your account and for any actions which take place using your account, including for any donations or Purchase Orders made using your payment details. You shall be fully responsible for making all arrangements necessary to use the Dry Feb Website and for ensuring that all persons who use the Dry Feb Website through your internet connection are aware of and comply with the terms of Our Agreement.
8. The price of the product (which includes HST) will be the price indicated on the order pages of the Dry Feb Website when you place your Purchase Order. We take all reasonable care to ensure that the price of the products advised to you is correct. However, please see paragraph 10 below to see what happens if we discover an error in the price of the product you order.
9. If the rate of HST changes between your order date and the date we supply the product, we will adjust the rate of HST that you pay, unless you have already paid for the product in full before the change in the rate of HST takes effect.
10. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price for the product is less than our stated price at the date of your order, we will charge the lower amount. If the correct price is higher than the price stated, we will contact you to confirm your instructions before we accept your order.
Payment Method and Terms
11. All donations and payments which you make to us through the Dry Feb Website are made through either:
(a) a separate credit card transaction gateway, the iATS Payment System (Payment System) (http://home.iatspayments.com/). This Payment System is not operated by us and is operated by a third party provider called iATS http://home.iatspayments.com/ Transactions through this Payment System are processed and settled by Chase Paymentech; or
(b) a separate transaction gateway, the PayPal Payment System (PayPal Payment System) PayPal (http://www.paypal.com). The PayPal gateway is operated by a third party provider called PayPal (http://www.paypal.com). Transactions through this gateway are processed and settled by PayPal.
12. The iATS Payment System accepts Visa, Mastercard and American Express as forms of payment. The PayPal Payment System accepts various forms of payment.
13. By submitting a donation or Purchase Order through the Payment System, you authorize Chase Paymentech to charge the account you specify for the donation or purchase amount. By submitting a donation or Purchase Order through the PayPal Payment System, you authorize PayPal to charge the account you specify for the donation or purchase amount.
14. All payments are to be made in Canadian Dollars and you must pay for the products before we dispatch them. We will not charge your credit card until we dispatch the product(s) to you.
15. You must not pay, or attempt to pay, for products or make a donation in relation to us through any fraudulent means or without authorisation from the relevant card holder.
16. Please see the Privacy section below regarding how we deal with your credit card number and other personal information.
Consent to communications
17. You agree that we may contact you or the recipient of a product under a Purchase Order (the "Recipient") in relation to your donations or purchases through the Dry Feb Website. You warrant that you have authority to provide us with all necessary consents for these purposes. You acknowledge that our main form of communication with you will be by email (at the address you provide us with) or through the Dry Feb Website.
18. You agree that Chase Paymentech, iATS and PayPal may contact you or the credit card holder in relation to your donations or purchases through the Dry Feb Website. Otherwise you acknowledge that our main form of communication with you will be by email or through the Dry Feb Website.
19. You may opt-in to certain communications from us or third parties for marketing purposes or to inform you about their products. If you do so, we or third parties may communicate with you by e-mail, SMS, fax or post in accordance with your opt-in unless you notify us otherwise.
20. If you order products or make a donation, through the Dry Feb Website we may require you to confirm details (including contact details) and to provide further information needed by us or Chase Paymentech or PayPal to facilitate the processing of any donations or payments that you make. You agree to provide us with current, complete and accurate details when asked to do so for this purpose.
Placing Purchase Orders
21. Prices of products and delivery costs are displayed on the Dry Feb Website (and on the CCS Website) and are current at the time of issue, but are subject to change without notice. You should check the price of a product at the time of placing an order for it.
22. Any order placed by you through the Dry Feb Website for a product is an offer by you to purchase the particular product from CCS (via the link to the CCS Website) for the price notified (including the delivery and other charges and taxes) at the time you place your order.
23. Your offer may be rejected for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on the Dry Feb Website or CCS Website, or an error in your order. You will be informed by email where a product is unavailable and your order will not be processed and you will not be charged for the product.
24. You will be emailed an order confirmation for the sole purpose of confirming the details of your offer. Please note that the order confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
25. Your order will not be deemed accepted and products will not be despatched until payment in full has been received and the integrity of your order and the validity of payment has been deemed satisfactory. You will receive a payment and delivery confirmation at that time, at which point a contract will come into existence between you and CCS. Orders may be cancelled after a payment and delivery confirmation at that time if payment could not be completed.
26. Your order will be assigned an order number and you will be notified of your order number when your order has been accepted. When contacting us or CCS about your order please quote the order number to help identify it.
27. We can only sell products to consumers in Canada and unfortunately we do not accept orders from or deliver to addresses outside Canada.
28. Please note that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation, by us.
Delivery of products
29. Your product(s) will be delivered to you or the Recipient, as applicable, as soon as reasonably possible and in any event, unless otherwise agreed with you, within 30 days after the date on which your order was accepted in accordance with paragraph 25.
30. If supply of the product(s) is delayed by an event outside our control then you will be contacted as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any product(s) you have paid for but not received.
31. If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the products from a local depot.
Risk and title in products
32. As between you and CCS, CCS will retain title to the products you order through the Dry Feb Website until the latter of your making payment in full for those products and delivery of the products to you, but all risk in the products will pass to you upon their delivery to you.
Stopping orders or donations
33. If you need to cancel or make a change to a Purchase Order or donation, please contact us immediately at [email protected]. We will let you know if the cancellation or change is possible and, if possible, will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
34. Once we have accepted payment for a Purchase Order or donation, cancellation of, or any changes to it is within our sole discretion.
35. Purchase Orders that cannot be cancelled will be subject to the terms on refunds and returns set out below in these Payment Terms.
36. There is no refund on any donation made however we reserve the right to have a donation refunded at our discretion if requested by you. This clause applies even if the Participant in relation to which the donation was made does not complete with us, makes any misrepresentations, is fraudulent or for any other reason.
Delivery of receipts and paper products
37. You must provide us with a current email address and where applicable a current email address for the Recipient.
38. All receipts and most intangible or paper-based products will generally be delivered through email only.
39. You consent to us sending receipts and, where applicable, products to the email address(es) you provide to us.
Rights to cancel orders purchased by consumers
40. Paragraphs 40 to 45 (inclusive) apply to consumers only, i.e. individuals purchasing products or services from the Dry Feb Website for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
41. You have a legal right to cancel any order (and end your contract with CCS) that you place online or by other form of distance communication. You rights will depend on why you have decided to cancel your order. Notwithstanding, nothing in these Payment Terms or elsewhere is intended to affect your statutory rights where such rights cannot be limited or excluded by applicable law.
42. If you decide to cancel your order because:
(a) the product is faulty or wrongly described, you may have a legal right to end your contract with CCS or to get the product repaired or replaced (or the service re-performed) or to get some or all of your money back (see paragraphs 52 to 53);
(b) we have done something or have told you that we are going to do so (see paragraph 40); or
(c) you have changed your mind about the product (see paragraphs 44 to 45).
43. If you decide to cancel your order for one of the following reasons, the contract between you and CCS will end immediately and you will be refunded in full for any products which have not been provided:
(a) you have been notified about an upcoming change to the product or these Payment Terms which you do not agree to;
(b) you have been notified about an error in the price or description of the product you have ordered and you do not wish to proceed; or
(c) supply of the products is suspended for technical reasons, or you are notified that products will be suspended for technical reasons for a period of more than 30 days.
44. AS A CONSUMER, YOU WILL HAVE A LEGAL "COOLING OFF PERIOD" DURING WHICH YOU MAY CANCEL YOUR ORDER FOR ANY REASON WITHOUT PENALTY. THIS PERIOD IS UP TO (14) FOURTEEN WORKING DAYS AFTER THE DATE OF DELIVERY OF THE PRODUCTS.
45 SUCH RIGHT TO CANCEL DUE TO CHANGE OF MIND DOES NOT APPLY TO BESPOKE OR CUSTOMISED PRODUCTS MADE SPECIFICALLY TO YOUR ORDER, UNSEALED SOFTWARE, DVDs OR CDs, PERISHABLE ITEMS SUCH AS FOOD OR FLOWERS, NEWSPAPERS OR MAGAZINES, PRODUCTS SEALED FOR HYGIENE PURPOSE ONCE THESE HAVE BEEN UNSEALED AFTER YOU RECEIVE THEM, OR ANY OTHER GOODS THAT ARE EXCLUDED UNDER APPLICABLE DISTANCE SELLING LEGISLATION OR THAT, BECAUSE OF THEIR NATURE, CANNOT BE RETURNED.
Returns and refunds
46. To cancel your order and receive a refund, you must notify us in writing either by email at ([email protected]) or by post to the following address: Dry Feb – Canadian Cancer Society, 55 St. Clair Avenue West, Suite 500 Toronto, ON M4V 2Y7.
47. If you cancel your order for any reason AFTER products have been dispatched to you or you have received them, you must take reasonable care of any products in your possession and must either return the products to us (or our authorised representatives) or make them available to be collected. All products must be in their original condition and undamaged, and must be returned together with all associated packaging, labels, and associated materials. If you are a consumer and are exercising your right to change your mind you must send back the product(s) within 14 days of telling us you wish to cancel your order.
48. We will refund you the purchase price (subject to paragraph 49), and, where you are a consumer and have exercised your right to cancel your order under paragraphs 42(a), 43(a) or 43(b), we will pay the costs of return by the method you used for payment. However, the maximum refund for the costs of return will be the costs of delivery by the least expensive delivery method we offer.
49. We may reduce the refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
50. We will make any refunds due to you as soon as possible and in any event, within 14 days after you have told us you wish to cancel your order.
51. The rights in this section apply in addition to Our Agreement and any other terms and conditions on the Dry Feb Website. If you require more information on your rights or have any complaints in relation to a product or service purchased through the Dry Feb Website, you should contact our customer support team at: Clear Heads International Ltd, 7.05, 6A Glen Street, Milsons Point, NSW, 2061, Australia or by email at: [email protected].
Refunds for faulty products
52. We are under an obligation to supply products that are in conformity with these Payment Terms and that are as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
(a) up to 30 days: if your product is faulty, you are entitled to a full refund;
(b) up to six months: if your product is faulty and cannot be repaired or replaced, you are entitled to a refund in most cases; and
(c) up to six years, if your product can be expected to last up to six years you may be entitled to a repair or replacement, or, if that does not work, some of your money back.
53. If you wish to exercise your legal right to reject a faulty product in accordance with paragraph 52 you must either post the product(s) back to us (if suitable for posting) or make the product(s) available for collection. We will refund any costs for returning the faulty product(s).
54. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your donation or purchase.
55. We do not guarantee that you will be eligible for any tax benefit by making a donation or purchasing a product from us except to the extent that we currently hold an endorsement for deductible gift status.
56. If HST is imposed on any supply of a product or services through the Dry Feb Website, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing HST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
57. We respect and are committed to protecting your privacy. Click here to view the Dry Feb Website's Privacy and Cookies Policy. We will use the personal information you provide to us in accordance with the Privacy and Cookies Policy.
58. We do not collect or keep your credit card number when you use the iATS Payment System or PayPal Payment System. However, iATS, Chase Paymentech and/or PayPal may collect and store your credit card number and related payment information for the purpose of processing the transaction. You acknowledge and authorise iATS, Chase Paymentech and PayPal to do so. Click here to view the iATS Privacy and Cookies Policy and click here to view the PayPal Privacy and Cookies Policy.
You must read these disclaimers on safety and security and availability
59. As noted above, we use a separate credit card transaction gateway provided by iATS (http://home.iatspayments.com/) to process your credit card transactions directly with Chase Paymentech. The security protection employed by iATS is available here http://home.iatspayments.com/fraud-protection-features. We use a separate transaction gateway provided by PayPal (http://www.paypal.com) to process your transactions directly with PayPal. The security protection employed by PayPal is available here: https://www.paypal.com/ca/webapps/mpp/paypal-safety-and-security.
60. You agree to the disclaimers set out the Terms and Conditions in relation to the security, safety and availability of the Dry Feb Website.
We limit our liability
61. Our liability in connection with your donations and Purchase Orders (and subsequent delivery of products and services) is excluded or limited in accordance with this section ("we limit our liability"). The "we limit our liability" section of the Terms and Conditions also apply. Please note that nothing in this "we limit our liability" section is intended to affect your statutory rights as a consumer, so far as these cannot be excluded or limited under applicable law.
62. To the extent by permitted by law and other than as referred to under these Payment Terms, we disclaim all representations, and make no warranties of any kind, express or implied, with respect to:
(a) any products or services for which orders are placed through the Dry Feb Website; or
(b) any Participant in respect of which a donation is made.
63. The images of the products on the Dry Feb Website are for illustrative purposes only. While we have made every effort to display the colours accurately, to the maximum extent permitted by law, we cannot guarantee that images or third party descriptions of products are 100% accurate. We make no representations as to, and are not responsible for, the accuracy of the information presented in relation to products or services (except as to price) or participants or your reliance on such information.
64. Products and services ordered through the Dry Feb Website are provided or sold "as-is" and to the extent permitted by law we disclaim any and all representations and warranties in so far not expressly referred to under these Payment Terms, whether express or implied, including without limitation implied warranties with respect to availability, satisfactory quality, fitness for a particular purpose, and non-infringement of third party rights. To the extent permitted by applicable law, we exclude all other warranties and conditions that may otherwise be implied into these Payment Terms, including in relation to a product or service purchased or ordered by you and including as to satisfactory quality, fitness for a particular purpose or non-infringement. Our liability for breach of such term which cannot be excluded will, to the extent permitted by law, be limited, at our option, to the supply of the relevant product or services again or the payment of the cost of having the goods or services supplied again in accordance with these Payment Terms.
65. To the maximum extent legally permitted, we are not responsible for the actions or content of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. This includes that we provide no warranties and have no liability in connection with, to the extent permitted by applicable law:
(a) any payment by you through the iATS Payment System or through the PayPal Payment System;
(b) any fraud, misrepresentation or other form of deception by a participant in relation to a donation;
(c) any third party products or services ordered or sought to be ordered by you through the Dry Feb Website;
(d) the unavailability of any product or service ordered or sought to be ordered by you through the Dry Feb Website; and
(e) the use or misuse of products or services ordered by you through the Dry Feb Website.
66. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we are not responsible, and have no liability to you for:
(a) any loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment;
(b) personal injury or death, except that our liability to you for death or injury resulting from our negligence shall not be limited or excluded;
(c) any loss of data, loss of profits, loss of revenue, loss of goodwill, loss of opportunity or loss or damage that is not foreseeable, whether suffered by you or any other party and however so arising, including claims based in contract (including for repudiation), tort (including negligence), common law, equity, statute or otherwise. To the extent permitted by law, this includes such loss, injury or death related to any product or service purchased by you or used by a Recipient.
67. We are not responsible for and have no liability in relation to any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
68. You are liable to us for any claims or damages relating to any misuse by you of another person’s credit or debit card information.
69. If, subject to what is set out in this "We limit our liability to you" section, we are liable, you agree that we are only liable up to the greater of CAD $100 or the amount you donated or the price paid for a purchase.
70. You must take reasonable steps to minimize the extent of the loss you may suffer for which we may be liable. You must notify us in writing of your loss as soon as is reasonably possible.
Other contract terms
71. These Payment Terms are governed by the laws of Ontario, Canada and the laws of Canada applicable in Ontario and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario and Canada for the purpose of hearing and determining any dispute arising out of or in any way relating to Our Agreement or its formation and for the purpose of enforcement of any judgment. The governing language of any contract concluded hereunder is English.
72. To the extent of any inconsistency between these Payment Terms and other terms and conditions or other terms of Our Agreement, these Payment Terms have priority.
73. If any portion of these Payment Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
74. If we fail to enforce any of these Payment Terms, it will not be considered a waiver.
75. You will not transfer any of your rights or obligations under these Payment Terms to anyone else without our consent.
76. All of our rights and obligations under these Payment Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Last modified on 21 July 2016.