Terms of Use

TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of http://www.vivariant.com (the “Site”). This Site is owned and operated by Vivariant Laboratories, Inc. This Site is an e-commerce website. By using this Site, you indicate that you have read and understood these Terms and Conditions and
agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Intellectual Property
All content published and made available on our Site is the property of Vivariant Laboratories, Inc. and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.

Accounts
When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful, and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Services
These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
– Analytical Chemistry;
– Analytical Microbiology;
– Environmental Monitoring; and
– Consulting.
The services will be paid for in full when the services are ordered. These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site:
– Credit Card;
– PayPal; and
– E-Transfer.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Refunds
Refunds for Services
We provide refunds for services sold on our Site as follows:
– Testing services are prepaid. If an order is cancelled before testing begins, and the lab has received the sample, a refund can be issued and the sample will be destroyed. If analysis has commenced, the order is not eligible for a  refund.

Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites
Our Site contains links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

Limitation of Liability
Vivariant Laboratories, Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the  Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Vivariant Laboratories, Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the Province of Ontario.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Vivariant Laboratories, Inc. are unable to resolve any dispute through informal discussion, then you and Vivariant Laboratories, Inc. agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Vivariant Laboratories, Inc. Notwithstanding any other provision in these Terms and Conditions, you and Vivariant Laboratories, Inc. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(289) 848-5227
orders@vivariant.com
2760 Slough St, Mississauga, ON L4T 1G3
You can also contact us through the feedback form available on our Site.

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