Terms of Use

Hello and welcome to JacqsOrganics.com, website. Your access to this website and your purchase of products on this website is subject to these general terms and conditions of use.

Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").  

 Accessing this website, or purchasing a product by clicking the “i accept” button, is the equivalent of your signature and indicates your acceptance of these terms and conditions and that you intend to be legally bound by them. If you do not agree with these terms and conditions, please do not use this website and do not purchase any product from this website.

The general terms and conditions of use (the “Terms of Use”) is an agreement between you (“You”) and Jacq's Organics, governing the use of www.jacqsorganics.com (the “Website”) owned by Jacq’s Organics. “We” and “Us” means both You and Jacq’s Organics. The effective date of these Terms of Use is when You accept or are deemed to accept these Terms of Use in accordance with the procedure set out in these Terms of Use. These electronic Terms of Use shall be the equivalent of a written paper agreement between Us.

You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with Jacq’s Organics, Jacq’s Organics will send You information and documents to the e-mail address in Your account profile on the Website. You will send information and documents to Jacq’s Organics by email to info@jacqsorganics.com.


OWNERSHIP AND COPYRIGHT

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names and any other intellectual property contained on this Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Jacq’s Organics or its licensors, as the case may be. The Content is protected by copyright.

Jacq’s Organics grants You a personal, non-transferable and non-exclusive license to access and read the Content.

You agree that You will not:

(a) distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system;

(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or

(c) allow any third-party to access the Content.

You give Jacq’s Organics

a non-exclusive, perpetual worldwide license to use, modify, and copy any content You post on the Website (“User Generated Content” or “UGC”). You waive all moral rights in any UGC. You will not post UGC that infringes any intellectual property including copyright or trademark, contains any defamatory statements, includes false or misleading statements, or depicts people without their permission.

LIMITATIONS ON LIABILITY AND DISCLAIMERS

This Website and its Content are not to be construed as a form of promotion or an offer to sell any product or service.

This Website may contain links to other sites. Jacq’s Organics does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, Jacq’s Organics is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Jacq’s Organics is affiliated or associated with same. Jacq’s Organics does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.

You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.

The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on this Website is not intended to be used as a substitute of any kind for advice given by a physician, pharmacist, or other licensed health-care professional.

 IN NO EVENT WILL Jacq’s Organics, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF Jacq’s Organics  OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

Jacq’s Organics assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to You. Jacq’s Organics is not responsible for any Content that You may find undesirable or objectionable. Jacq’s Organics disclaims any liability for unauthorized use or reproduction of any portion of the Website.

Accessing the Content from territories where it may be illegal is prohibited.


INDEMNITY

You agree at all times to indemnify, defend and hold harmless PROTECTION OF PRIVACY AND PERSONAL INFORMATION

Personal information will be processed directly by Jacq’s Organics and FedEx Trade Networks, Inc. (US warehouse). Personal information will be processed by persons in charge of the processing for the purposes for which You have given Your personal data and to carry out the operations connected with the services required in each section of the Website. In particular, these persons will record, organize, keep, elaborate, modify, select, and use or delete personal data to carry out the operations necessary to perform an order (payment, packing, forwarding, refund, return of goods), and of You have given Your consent, to send commercial offers and advertising messages.

In the context of this Website, the processing of personal information will be performed by Jacq’s Organics and will be carried out using both paper and electronic tools.

Jacq’s Organics is committed to ensuring that Your personal information is secure and kept confidential. The following procedures are in place for Jacq’s Organics and other third party processors to ensure the security of Your personal information:

  • Administrative, technical, and physical safeguards are used to avoid unauthorized disclosure, use, alteration and destruction of personal information.
  • Access to personal information is only provided to representatives, associates, employees, and third parties on a need to know basis.
  • All people employed by Jacq’s Organics receive special training regarding privacy protection and confidentiality.
  • All computers which store personal information are password-protected.

With respect to the processing of personal data, You will be entitled to do the following, either from the controller or from the processor:

  • obtain a confirmation as to whether or not personal information relating to You has been collected, and whether such information is being used and/or disclosed to third parties;
  • request the deletion of (i) Your personal information which was collected, used or disclosed unlawfully, and (ii) personal information which was been collected but that is no longer necessary for the purposes it was collected;
  • request updating, rectification or, where applicable, completion of Your personal information; and
  • request a statement confirming that the operations requested above were performed.

Jacq’s Organics will disclose breaches of Your personal information as required by provincial and federal law in the United States America.


RETENTION OF INFORMATION

Jacq’s Organics will retain personal information as long as it is necessary for the purposes described in this Privacy Policy and as required by law, after which time, the information will be deleted and destroyed.

For further information on Jacq’s Organics Privacy Policy, please contact us via email at info@jacqsorganics.com or by mail at Jacq’s Organics LL., 61 SW 3rd Avenue Dania Beach, FL 33004.

 

RETURN POLICY

Returns of merchandise by You are governed by Jacq’s Organics return policy which can be found here

POLICY UPDATES

Please check this page frequently for any updates to our Terms & Privacy conditions.

Last modified: June 4, 2015

, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Jacq’s Organics directly or indirectly in respect of:

  1. any UGC You provide on or through this Website or which is sent to Jacq’s Organics electronically; or
  2. Your use or misuse of the Content or this Website.


TERMINATION

Jacq’s Organics may terminate these Terms of Use for any reason without notice within its sole discretion. Any such termination by Jacq’s Organics shall be in addition to and without prejudice to such rights and remedies as may be available to Jacq’s Organics, including injunction and other equitable remedies.

Any terms of these Terms of Use which contemplate survival beyond termination shall survive, except to the extent not permitted by law.


GOVERNING LAW and ATTORNMENT

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida and applicable therein.

For the purpose of all legal proceedings these Terms of Use shall be deemed to have been performed in the Province of Ontario and the courts of the State of Florida shall have jurisdiction to entertain any action arising under these Terms of Use. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.

Type of Proceeding

You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Jacq’s Organics related to the Content or these Terms of Use and, where, applicable, You also agree to opt out of any class proceedings against Jacq’s Organics.

Notices

Every notice that Jacq’s Organics is required or permitted to be given or made under these Terms of Use to You shall be written and shall be made to the email address in Your account profile with www.jacqsorganics.com. Every notice that You are required or permitted to be given or made under these Terms of Use to Jacq’s Organics shall be written and shall be made to info@jacqsorganics.com.

Amendment

Jacq’s Organics reserves the right to change these Terms of Use at any time. As a result, Jacq’s Organics requests that You read this section from time to time in order to be informed of possible changes in these Terms of Use. Each time these Terms of Use are modified, the date of the Terms of Use will be updated to reflect that changes were made. Jacq’s Organics will provide You with at least 30 days’ notice before the update takes effect. In addition to modifying the date, Jacq’s Organics uty will post all updates to these Terms of Use on the “Legal” page of the Website.

Severability

Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of such provision in any other jurisdiction.


TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale (the “Terms of Sale”) is an agreement between you (“You”) and Jacq’s Organics LLC., governing sale of merchandise (the “Merchandise”) by Jacq’s Organics to You through www.jacqsorganics.com (the “Website”) owned by Jacq’s Organics. “We” and “Us” means both You and Jacq’s Organics. The effective date of these Terms of Sale is when You accept or are deemed to accept these Terms of Sale in accordance with the procedure set out in these Terms of Sale. These electronic Terms of Sale shall be the equivalent of a written paper agreement between Us.

ORDERS

All orders are subject to written acceptance by Jacq’s Organics. All orders will be confirmed by Jacq’s Organics, in writing, by e-mail copy of the online contract, within 15 days after the date the agreement is formed. You will be given the opportunity to correct errors before the formation of the online contract is completed; however, the e-mail which includes the online contract will be the final agreement between Jacq’s Organics and You, as described under the “Binding Agreement” heading below.

PRICES

Prices of Merchandise may change without notice. The applicable taxes in Florida have been applied to taxable items in accordance with applicable laws. All prices are exclusive of customs, import duties and other applicable taxes.

SHIPPING COSTS

You are responsible for the shipping costs associated with the delivery to You of the Merchandise posted on the Website.


WARRANTIES

Jacq’s organics makes no representations or warranties of any kind, express or implied, as to the operation of the website, the information, content, materials or products included in this website or as to the merchandise being sold to you. To the fullest extent permissable by law, jacq’s organics disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particualr purpose, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on the order confirmation. Jacq’s Organics will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, special, direct, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if Jacq’s Organics or any of its lawful agents or employees have been advised of the possibility of such damages or claim.

BINDING AGREEMENT

Jacq’s Organics’s confirmation of these Terms of Sale will be deemed the final agreement between Jacq’s Organics and You and no other understanding, waivers, oral agreement or modifications will be binding except by written agreement signed by PROTECTION OF PRIVACY AND PERSONAL INFORMATION

Personal information will be processed directly by Jacq’s Organics and FedEx Trade Networks, Inc. (US warehouse). Personal information will be processed by persons in charge of the processing for the purposes for which You have given Your personal data and to carry out the operations connected with the services required in each section of the Website. In particular, these persons will record, organize, keep, elaborate, modify, select, and use or delete personal data to carry out the operations necessary to perform an order (payment, packing, forwarding, refund, return of goods), and of You have given Your consent, to send commercial offers and advertising messages.

In the context of this Website, the processing of personal information will be performed by Jacq’s Organics and will be carried out using both paper and electronic tools.

Jacq’s Organics is committed to ensuring that Your personal information is secure and kept confidential. The following procedures are in place for Jacq’s Organics and other third party processors to ensure the security of Your personal information:

  • Administrative, technical, and physical safeguards are used to avoid unauthorized disclosure, use, alteration and destruction of personal information.
  • Access to personal information is only provided to representatives, associates, employees, and third parties on a need to know basis.
  • All people employed by Jacq’s Organics receive special training regarding privacy protection and confidentiality.
  • All computers which store personal information are password-protected.

With respect to the processing of personal data, You will be entitled to do the following, either from the controller or from the processor:

  • obtain a confirmation as to whether or not personal information relating to You has been collected, and whether such information is being used and/or disclosed to third parties;
  • request the deletion of (i) Your personal information which was collected, used or disclosed unlawfully, and (ii) personal information which was been collected but that is no longer necessary for the purposes it was collected;
  • request updating, rectification or, where applicable, completion of Your personal information; and
  • request a statement confirming that the operations requested above were performed.

Jacq’s Organics will disclose breaches of Your personal information as required by provincial and federal law in the United States of America.


RETENTION OF INFORMATION

Jacq’s Organics will retain personal information as long as it is necessary for the purposes described in this Privacy Policy and as required by law, after which time, the information will be deleted and destroyed.

For further information on Jacq’s Organics Privacy Policy, please contact us via email at info@jacqsorganics.com or by mail at Jacq’s Organics LL., 61 SW 3rd Avenue Dania Beach, FL 33004.

 

RETURN POLICY

Returns of merchandise by You are governed by Jacq’s Organics return policy which can be found here

POLICY UPDATES

Please check this page frequently for any updates to our Terms & Privacy conditions.

Last modified: June 4, 2015

 

and You.

TERMINATION

Jacq’s Organics may terminate these Terms of Sale for any reason without notice within its sole discretion. Any such termination by Jacq’s Organics shall be in addition to and without prejudice to such rights and remedies as may be available to Jacq’s Organics, including injunction and other equitable remedies.

Any terms of these Terms of Sale which contemplate survival beyond termination shall survive, except to the extent not permitted by law.


PRIVACY POLICY

Jacq’s Organics LLC. has developed policies and procedures (the “Privacy Policy”) to protect our customer’s (“You”) personal information and to ensure that PROTECTION OF PRIVACY AND PERSONAL INFORMATION

Personal information will be processed directly by Jacq’s Organics and FedEx Trade Networks, Inc. (US warehouse). Personal information will be processed by persons in charge of the processing for the purposes for which You have given Your personal data and to carry out the operations connected with the services required in each section of the Website. In particular, these persons will record, organize, keep, elaborate, modify, select, and use or delete personal data to carry out the operations necessary to perform an order (payment, packing, forwarding, refund, return of goods), and of You have given Your consent, to send commercial offers and advertising messages.

In the context of this Website, the processing of personal information will be performed by Jacq’s Organics and will be carried out using both paper and electronic tools.

Jacq’s Organics is committed to ensuring that Your personal information is secure and kept confidential. The following procedures are in place for Jacq’s Organics and other third party processors to ensure the security of Your personal information:

  • Administrative, technical, and physical safeguards are used to avoid unauthorized disclosure, use, alteration and destruction of personal information.
  • Access to personal information is only provided to representatives, associates, employees, and third parties on a need to know basis.
  • All people employed by Jacq’s Organics receive special training regarding privacy protection and confidentiality.
  • All computers which store personal information are password-protected.

With respect to the processing of personal data, You will be entitled to do the following, either from the controller or from the processor:

  • obtain a confirmation as to whether or not personal information relating to You has been collected, and whether such information is being used and/or disclosed to third parties;
  • request the deletion of (i) Your personal information which was collected, used or disclosed unlawfully, and (ii) personal information which was been collected but that is no longer necessary for the purposes it was collected;
  • request updating, rectification or, where applicable, completion of Your personal information; and
  • request a statement confirming that the operations requested above were performed.

Jacq’s Organics will disclose breaches of Your personal information as required by provincial and federal law in the United States of America.


RETENTION OF INFORMATION

Jacq’s Organics will retain personal information as long as it is necessary for the purposes described in this Privacy Policy and as required by law, after which time, the information will be deleted and destroyed.

For further information on Jacq’s Organics Privacy Policy, please contact us via email at info@jacqsorganics.com or by mail at Jacq’s Organics LL., 61 SW 3rd Avenue Dania Beach, FL 33004.

 

RETURN POLICY

Returns of merchandise by You are governed by Jacq’s Organics return policy. 

POLICY UPDATES

Please check this page frequently for any updates to our Terms & Privacy conditions.

Last modified: June 4, 2015