Terms of Service — Restora
OVERVIEW
This website is operated by Restora. Throughout the site, the terms "we", "us" and "our" refer to Restora. Restora offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
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. 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.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the 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, 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you have reached the age of majority in your jurisdiction of residence, or that you have the consent of a parent or legal guardian to use this site. As a business operated from Ontario, Canada, we recognize the age of majority as 18 in Ontario, Alberta, Manitoba, Saskatchewan, Quebec and Prince Edward Island, and 19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Northwest Territories, Nunavut and Yukon; for customers located elsewhere, including the United States, the age of majority in your own jurisdiction applies.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws applicable in your jurisdiction, including federal Canadian law, the laws of Ontario, the laws of your own province, territory, or state, and Canada's Anti-Spam Legislation (CASL) (including but not limited to copyright law).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone, subject to applicable Ontario and federal human rights legislation, which prohibits refusal of service based on protected grounds such as race, religion, sex, disability, sexual orientation, and other characteristics protected under the Ontario Human Rights Code.
You understand that your content (not including credit card or payment information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment information is encrypted in accordance with applicable Payment Card Industry (PCI) standards during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This includes any general wellness or usage information we provide about our products, which is not a substitute for professional medical advice.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
All prices are listed in US Dollars (USD) unless otherwise stated, and are subject to change without notice. Applicable sales tax, Goods and Services Tax (GST), Harmonized Sales Tax (HST), or other applicable tax will be added at checkout where required by the tax law of your jurisdiction; as an Ontario-based business, we determine our tax obligations in accordance with Ontario and federal Canadian tax law, and export sales may be treated differently for Canadian tax purposes than domestic sales.
We reserve the right at any time to modify or discontinue the 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 Service, except as required by applicable Ontario consumer protection law.
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 according to our Refund Policy and any non-waivable rights you have under the Ontario Consumer Protection Act, 2002.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. We cannot guarantee that your device's display of any colour will be exact.
Many of our products, including massagers, heating wraps, and other recovery devices, are intended for general wellness and muscle relaxation purposes and should be used in accordance with the instructions and safety information provided with each item. They are not intended to diagnose, treat, cure, or prevent any medical condition, and are not a substitute for professional medical advice.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, on a case-by-case basis, and to limit quantities offered. Product descriptions and pricing are subject to change at any time without notice, at our sole discretion, and we may discontinue any product at any time, subject to obligations already owed to customers under existing orders.
Nothing in this section limits any statutory warranty, guarantee, or consumer right that cannot be excluded under the Ontario Consumer Protection Act, 2002, the Sale of Goods Act (Ontario), or other applicable Canadian law.
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 payment method, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you using the email and/or billing details 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, and to promptly update this information, including your email address and payment details, so that we can complete your transactions and contact you as needed. Personal information you provide is handled in accordance with our Privacy Policy and the federal Personal Information Protection and Electronic Documents Act (PIPEDA).
For more details, please review our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or 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, except to the extent such exclusion is not permitted under applicable Ontario or Canadian law. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, except as required by law.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should review the terms of the relevant third-party provider(s).
We may, in the future, offer new Services and/or features through the website. Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service 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 of such sites and do not warrant or accept liability for any third-party materials, websites, products, or Services, except where liability cannot be excluded under Ontario or federal law.
Please review the third party's policies and practices carefully before engaging 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 you send us submissions such as contest entries, or unsolicited creative ideas, suggestions, proposals, plans, or other materials ("comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use such comments in any medium, subject to applicable Canadian copyright law. We are under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates a third party's intellectual property rights or these Terms.
You agree that your comments will not violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights, and will not be defamatory, unlawful, abusive, or contain malware. You may not impersonate another person or otherwise mislead us or third parties as to the origin of your comments. You are solely responsible for your comments and their accuracy. Any marketing communications we send you will comply with Canada's Anti-Spam Legislation (CASL) and applicable US requirements such as the CAN-SPAM Act, and you may withdraw consent or unsubscribe at any time.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, and is collected, used, and disclosed in accordance with the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable Ontario privacy legislation.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time without prior notice (including after you have submitted your order), subject to your rights under the Ontario Consumer Protection Act, 2002 where a contract has already been formed.
We undertake no obligation to update, amend or clarify information in the Service, except as required by law. No specified update or refresh date should be taken to indicate that all information has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, state, or municipal regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, or disability, as protected under the Ontario Human Rights Code and the Canadian Human Rights Act; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track the personal information of others, except as permitted under PIPEDA; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, including in violation of CASL; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free, except to the extent such a warranty is implied and cannot be excluded under the Ontario Consumer Protection Act, 2002, the Sale of Goods Act (Ontario), or other applicable Canadian law.
You agree that from time to time we may remove or suspend the Service for indefinite periods, or cancel it at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your own risk, to the maximum extent permitted by law. The Service and all products and Services delivered to you are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement — except for any warranty, guarantee, or condition that cannot lawfully be excluded or limited under the Ontario Consumer Protection Act, 2002, the Sale of Goods Act (Ontario), or other applicable consumer protection legislation in Canada. Where such laws apply, our liability is limited to the minimum extent permitted by that legislation, and nothing in these Terms is intended to reduce your statutory rights as a consumer.
In no case shall Restora, our directors, officers, employees, affiliates, agents, contractors, or suppliers be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, or lost data, arising from your use of the Service, except where such limitation is not permitted by applicable Ontario or Canadian law, in which case our liability shall be limited to the maximum extent the law allows.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Restora and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable legal fees, made by any third party arising from your breach of these Terms of Service or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable under the laws of Ontario or Canada, that provision will nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed, without affecting the validity of the remaining provisions.
SECTION 16 - TERMINATION
Obligations and liabilities incurred prior to termination shall survive termination of this agreement.
These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services, or by ceasing use of our site.
If, in our sole judgment, you fail to comply with any term of these Terms, we may terminate this agreement at any time without notice. You will remain liable for amounts due up to the termination date, and we may deny you access to our Services, subject to any rights you hold under Ontario consumer protection law.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service, along with any policies or operating rules posted on this site, constitute the entire agreement between you and us regarding the Service, superseding any prior agreements, communications, or proposals, whether oral or written.
Any ambiguities in interpretation 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, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You agree that any dispute arising from these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts located in Ontario, Canada, except where applicable consumer protection law gives you the right to bring a claim elsewhere.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. Continued use of or access to the website following any posted changes constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us. Our contact information is posted below.
This document was adapted for general use under Ontario and Canadian federal law, for a Canadian-based business (Restora) selling primarily to customers in the United States. It is provided for informational purposes and does not constitute legal advice. Before publishing, consider having it reviewed by a lawyer licensed in Ontario — and, given your US customer base, ideally someone with experience in cross-border e-commerce — particularly around the pricing/tax language in Section 4 and the governing law/jurisdiction clause in Section 18, since selling primarily into the US may raise questions about whether US consumers can be bound to Ontario jurisdiction that this template does not fully resolve. This is also worth revisiting if you sell to customers in Quebec (where French-language and additional Consumer Protection Act requirements apply) or collect sensitive personal data.