Seva Canada Society’s Terms and Conditions

Welcome to www.seva.ca (the “Site”). The services on this site are offered to you by Seva Canada Society, subject to the following conditions. The terms “you”, “your”, and “yours” refer to anyone using, accessing, viewing, browsing or visiting the Site. If you visit or shop at the Site, you accept these conditions. Any current or future use, Site visit or purchase from Seva Canada Society will also be subject to these Terms and Conditions. Seva Canada Society reserves the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as it sees fit. Changes will not apply to any orders Seva Canada Society has already accepted unless the law requires. If you violate any of the Terms and Conditions you may have your access cancelled and you may be permanently banned from any further access to the Site. Any access, viewing, browsing and/or use of the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed such amended Terms and Conditions. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated. 

Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.

About Us

This Site is operated by Seva Canada Society, a not-for-profit corporation incorporated under the BC Society Act and registered as a charity with the Canada Revenue Agency (#13072 4941 RR0001) and our principal address is located at 100-2000 W.12th Avenue, Vancouver, BC V6J 2G2.

Privacy

Please review the Seva Canada Society Privacy Policy which also governs visits to the Site.  To the extent there is a conflict between the terms of the Seva Canada Society Privacy Policy and these Terms and Conditions, these Terms and Conditions shall govern.

Copyright

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that is protected by copyright, trademark, trade secret, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted under Canadian copyright laws, and Seva Canada Society owns all copyright or equivalent rights in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or similar rights notices. Except as provided in the preceding sentence or as permitted by the fair use under Canadian law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

Use of the Emblems and Trademarks

The Buddha Eyes emblem is a prohibited mark and only Seva Canada Society has the permission to use this mark. As well, ‘Seva Canada Society’ has explicit and exclusive permission to use the phrase “Seva,” “Seva Canada” and “Seva Canada Society” which cannot be used in connection with any product or service that is not that of Seva Canada Society.

Seva® and the Buddha Eyes design® are registered trademarks of Seva Canada Society which may or may not be designated on the Site by a “™” “®”or other similar designation. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks of Seva Canada Society and consist of a prohibited mark. Any ‘Seva Canada Society’ trademarks may not be used in connection with any product or service that is not that of Seva Canada Society, and may not be used in any manner that is likely to cause confusion among customers, or in any manner that may discredit Seva Canada Society. All other trademarks not owned by Seva Canada Society that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seva Canada Society.

Site Access

You may not download (other than page caching) or modify the Site or any portion of it without the express, prior written consent of Seva Canada Society. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, prior written consent of Seva Canada Society. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Seva Canada Society without the express, prior written consent of Seva Canada Society.

Links

We are not responsible for the content of any sites that may be linked to or from the Site. These links are provided for your information or convenience only and you agree that any access to them shall be at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from Seva Canada Society, and Seva Canada Society has no control over the content of any other website. In addition, a link to any other web site does not imply that Seva Canada Society endorses or accepts any responsibility for the content or use of such other website.

Disclaimers and Limitations of Liability

The Site is provided on an “AS IS,” “as available” basis. Seva Canada Society does not warrant that use of the Site will be uninterrupted or error-free. Seva Canada Society does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, Seva Canada Society makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of Canada.

Seva Canada Society specifically disclaims all warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

Under no circumstances shall Seva Canada Society be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Seva Canada Society records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortuous action; or an action in equity, even if an authorized representative of Seva Canada Society has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law. You assume all risks when purchasing products for a commercial or business use or application.

Although Seva Canada Society takes steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer for details.

Online Conduct

You agree to use the Site only for lawful purposes. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. We may disclose any electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Seva Canada Society, our users and customers and/or you.

Your Consent for Notices We Send You

You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.

Legal disclaimer

We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with legal process served on Seva Canada.

Termination of Usage

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users or Seva Canada Society. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

Usage by Minors

By purchasing products from the Site or providing Seva Canada Society with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.

Applicable Law

If you access the Site, you agree that the laws of the Province of British Columbia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Seva Canada Society.

Disputes

If you access the Site, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our policies, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Vancouver, British Columbia, Canada, except that, to the extent you have in any manner violated or threatened to violate Seva Canada Society’s intellectual property rights, Seva Canada Society may seek injunctive or other appropriate relief in any court in Canada. Arbitration under this Agreement shall be conducted under the rules then prevailing of the Arbitrations Act, British Columbia. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification and Severability

Please review our other policies, including our Privacy Policy and the Intellectual Property Use for Business. Such policies are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

How to Order Through the Site

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us. A contract with us will only be formed when we send you the product. The contract will relate only to those products we have shipped. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.

Prices and Availability of Products

Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

Shipping & Delivery

The term “shipping” or “ship” includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we will commence shipping by shipping individual packages when they are available and conditions permit.

You agree that credit cards and /or your account are to be charged on the date of placing the order, not the date of shipping.

Shipping Restrictions: Products on this site are for sale only in Canada at this time.

Delivery Estimates:
Major urban centres: 3 to 9 business days
Rural centres & Northern remote areas: 3 to 13 business days

Returns and Refunds

If your order is pre-paid: You may return new, unopened or unworn items sold within 30 days of delivery for a full refund or credit to your account. We will pay the return shipping costs if the return is a result of our error. In all other circumstances, you are responsible for the return shipping costs. Items should be returned in their original product packaging, undamaged and accompanied by the original packing slip or invoice.

Receiving a Refund

Your refund will be issued approximately 4 weeks after giving your package to the return shipper. This time period includes:

• 5 to 13 business days for us to receive your return from the shipper
• 5 to 10 business days for us to process your return
• The time it takes your bank to process our refund request (see below for specific guidelines)

How Refunds Are Issued

If you pre-paid by credit card, your refund will be applied to your credit card within 3-5 business days.

If you pre-paid through your bank account, a cheque will be issued and mailed to you within 10 business days.

Exchanges

If you received a faulty item and need to exchange it for the same item, please contact us at admin@seva.ca or 1-877-460-6622 to request a replacement. If you would like to exchange an item for a different one, please return the original item to 100-2000 W.12th Avenue, Vancouver, BC V6J 2G2 and place another order for the item you wish to purchase. You do not have to wait for us to receive the original item before placing the new order.

Please note that it takes us 5 to 10 business days to process returns once they arrive at our office.

Risk of Loss

All items purchased from Seva Canada Society are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon tender of the item to the carrier.

These Terms and Conditions were last revised and made effective as of January 30, 2016