Terms & Conditions

Terms and Conditions

Effective Date: Feb 20, 2025

Welcome to https://9vy41e-zk.myshopify.com/ (the "Site").

Westpoint Skincare Incorporated (“Westpoint”) provides the content and services available on the Site to you subject to the following terms and conditions: Westpoint’s Privacy Policy and other terms and conditions and policies which you may find throughout Westpoint’s Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within this Agreement (collectively, "Agreement"). By accessing or using the Site, you (“You, you, Your, or your”) acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by this Agreement.

For good and valuable consideration, the parties agree as follows:

1. Privacy

You agree to Westpoint’s privacy policy.

2. Products and Services for Personal Use

(a) The products and services available on the Site, and any samples thereof Westpoint may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Westpoint reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that Westpoint believes, in its sole discretion, may result in the violation of Westpoint’s Agreement.

(b) Westpoint strongly recommends that you check with your doctor before trying new products. Westpoint and the Canadian Dermatology Association recommend that you try the products on an inconspicuous spot. Apply the product to a small, discreet area of skin twice daily for seven to ten days. A quarter sized area on the underside of the arm or the bend of the elbow often works well, as these areas are less likely to be rubbed or washed away. Use the same amount and thickness you would apply during regular use. Leave the product on the skin for the same duration you normally would. For rinse off products, such as cleansers, allow it to remain on the skin for several minutes, following the product instructions. If, after seven to ten days, the skin remains calm without redness, itching, or swelling, the product may be introduced into your routine.

(c) Due to the delicate nature of our luxury skincare products, Westpoint Skincare cannot be held responsible for product quality after three days in transit.

(d) Optimal product performance requires storage at ambient room temperature. To ensure the highest quality and product integrity, we recommend expedited shipping, especially if your shipping address is outside of British Columbia, or during extreme weather conditions (hot or cold).

3. Purchase Related Policies and Procedures

To make a purchase on the Site, you must be over the age of majority in your jurisdiction of residence.

4. Intellectual Property

(a) All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, photographs, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of Westpoint, its affiliates, partners or licensors, and is protected by Canadian, United States and other international laws, including laws governing copyrights and trademarks. Westpoint’s trademarks and trade dress may not be used in any manner for any purpose without Westpoint’s express written consent.

(b) Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Westpoint’s express, prior written consent.

5. License & Use

(a) Westpoint grants you a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on Westpoint’s infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

(b) Westpoint also grants you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of Westpoint’s Content; (ii) may not imply that Westpoint is endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial or illegal or inappropriate for any ages; (v) may not portray Westpoint or its products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. Westpoint may, in Westpoint’s sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

(c) Any unauthorized use by you of the Site or any and/or all of Westpoint’s Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or this Agreement.

(d) You shall comply with this Agreement and the special warnings or instructions for access or use posted on the Site. You shall act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of this Agreement, if you default negligently or willfully in any of the obligations set forth in this Agreement, you shall be liable for all the losses and damages that this may cause to Westpoint, Westpoint’s affiliates, partners or licensors.

6. Accounts

(a) You may only register at Westpoint’s Site if you are over the age of majority in your jurisdiction of residence. You are prohibited from registering for an account if you are not over the age of majority in your jurisdiction of residence. You will have an email address/username and password, and it may have your mailing address. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account. You are responsible for keeping account information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to this Agreement, and to the extent you do not have such authority you agree to be bound to this Agreement and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

(b) Westpoint reserves the right to refuse service and/or terminate accounts without prior notice if it believes that this Agreement is violated or if Westpoint decides, in its sole discretion, that it would be in Westpoint’s best interests to do so.

7. Third Parties

(a) Westpoint is not responsible for the content of any off-website pages, service providers (such as shipping companies and payment processors) or any other third parties linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by Westpoint. Westpoint disclaims all liability to or from any off-website pages or other websites is at your own risk. Westpoint is in no way responsible for examining or evaluating, and Westpoint does not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor does Westpoint assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. It is your responsibility to review, understand and accept the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

(b) Westpoint may use contractors to provide services or products to you, including but not limited to online meetings. Westpoint may share information with such third-party providers to provide you with the products or services.

8. Additional terms

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of this Agreement; and (b) be offered by us or by third parties. If so, Westpoint will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

9. Feedback

(a) Any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. If you post a Submission you will assist Westpoint, or its designee, at Westpoint’s expense, in every way to secure Westpoint’s (or its assignees’) rights and any copyrights, patents, mask work rights or other intellectual property rights, including but not limited to a worldwide, non-exclusive, unrestricted, royalty-free, perpetual, irrevocable, assignable right and license to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as Westpoint sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission (in whole or in part) in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with Westpoint’s products or services and you further waive any “moral rights” that you may have in the Submissions in any and all countries, including the disclosure to Westpoint of all pertinent information and data with respect to all Submissions, the execution of all applications, specifications, oaths, assignments and all other instruments that Westpoint may deem necessary in order to apply for and obtain such rights and in order to assign and convey to Westpoint, its successors, assigns and nominees the sole and exclusive right, title and interest in and to all Submission, and any copyrights, patents, mask work rights or other intellectual property rights relating to all submission. You also agree that it is your obligation to execute or cause to be executed any such instrument or papers associated with the actions above shall continue after the termination or expiration of this Agreement. You also acknowledge that your Submission will not be returned and Westpoint may use your Submission, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

(b) If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and that you have the right to grant the foregoing rights to Westpoint. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

(c) If Westpoint is unable because of Your unavailability, dissolution, mental or physical incapacity, or for any other reason, to secure Your signature for the purpose of applying for or pursuing any application for any patents or mask work or copyright registrations, anywhere in the world, covering the Inventions assigned to Westpoint pursuant to Section 9, then You hereby irrevocably designate and appoint Westpoint and its duly authorized officers and agents as Your agent and attorney-in-fact, to act for and on Your behalf to execute and file any such applications and to do all other lawfully permitted acts to further the prosecution and issuance of patents, copyright and mask work registrations with the same legal force and effect as if executed by You.

(d) When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content is a Submission. This means that all third parties, not Westpoint, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or may cause harm to Westpoint in its sole discretion; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party. In addition, you agree not to transmit, upload, post, e-mail, install, or otherwise make available any computer program or destructive software such as viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including e-mail addresses; (v) harvest, collect, gather, assemble or store personally identifiable data about other users; or (vi) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means.

(e) Westpoint does not endorse or control the User Content transmitted or posted on the Site and therefore, Westpoint does not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Westpoint be liable in any way for any User Content, including, without limitation, for any errors, reliance on, or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.

(f) Westpoint may, in its sole discretion, refuse to post, or remove any User Content and Westpoint reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of this Agreement, Westpoint has the right to remove any User Content that it believes violates this Agreement or is otherwise objectionable and Westpoint reserves the right to refuse service and/or terminate accounts without prior notice for any users who it believes has or intends to violate this Agreement or infringe the rights of others.

10.Group Sessions

Westpoint may from time to time organize community meetings if you participate in these meetings you shall:

(a) Not record the session in any manner, including but not limited to audio or video.

(b) Keep your video camera on.

(d) Only share what you are comfortable with.

(e) Only do what you feel is appropriate for yourself at that time.

(f) Make sure you have medical clearance to participate in any activities.

11. Disclaimers

(a) THE SITE IS PRESENTED "AS IS." WESTPOINT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED OR COLLATERAL, IN CONNECTION WITH THIS AGREEMENT OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE NOT LEGALLY EXCLUDABLE.

(b) WESTPOINT ATTEMPTS TO BE AS ACCURATE AS POSSIBLE WHEN DESCRIBING WESTPOINT’S PRODUCTS ON THE SITE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WESTPOINT DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS, COLORS, INFORMATION OR OTHER CONTENT AVAILABLE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

(c) This Site may contain typographical errors or inaccuracies and may not be complete or current. Westpoint therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and Westpoint reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

12. Limitation of Liability

(a) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WESTPOINT WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE, COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; ANY INACCURACIES OR OMISSIONS IN CONTENT, OR EVENTS BEYOND WESTPOINT’S REASONABLE CONTROL WHETHER THE ACTION IS IN CONTRACT OR TORT, AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.

(b) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WESTPOINT EXCEED THE LESSER OF THE AMOUNT YOU PAID FOR THE ORDER THAT GAVE RISE TO THE CLAIM OR ONE HUNDRED CANADIAN DOLLARS ($100.00). THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

(c) YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE UNLESS OTHERWISE PERMITTED UNDER APPLICABLE STATUTE OF LIMITATIONS.

13. Indemnification

You agree to defend, indemnify and hold Westpoint, its affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand resulting from your (or anyone acting under your password and username) use of the Site, any User Content made available on the Site or breach of this Agreement. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on Westpoint’s infrastructure.

14. Disputes

Subject to applicable law, with respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, as if the Agreement were a contract wholly entered into and wholly performed within the Province of British Columbia. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the Province of British Columbia and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate Westpoint’s intellectual property rights or the intellectual property rights of its affiliates, partners or licensors or otherwise have a cause of action in equity, Westpoint may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted in accordance with the Arbitration Act, SBC 2020 (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.

15. Notices

Notices to you may be made via e-mail or regular mail, or in cases of changes to this Agreement or to the services offered by the Site, by posting notices or links to such notices on the Site itself. This consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in Westpoint’s Privacy Policy.

16. General

(a) You acknowledge and agree that this Agreement and any and all other legal notices or statements posted on the Site constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

(b) Westpoint reserves the right, in its sole discretion, to change or modify all or part of this Agreement at any time by posting the changes on the Site and providing notice of such change. Subject to applicable law, any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changes to this Agreement. Westpoint may, with or without prior notice, terminate any of the rights granted by this Agreement. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Westpoint also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

(c) Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Westpoint. Westpoint’s failure to require your performance of any provision hereof shall not affect Westpoint’s full right to require such performance at any time thereafter, nor shall Westpoint’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole but this Agreement shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

(d) Headings used in the Agreement are for convenience and reference only and shall not affect the construction or interpretation of this Agreement. The term “this part” when used herein shall mean the entire part, including sections and subsections within that part, unless inconsistent with the context of such use.

(e) Westpoint may, in its sole discretion, assign any of their respective benefits, obligations or liabilities under or in respect of this Agreement.

(f) The provisions of this Agreement constitute the entire agreement between the parties and supersede all previous communications, representations and agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement.

(g) The language in all parts of this Agreement shall in all cases be construed as a whole and neither strictly for, nor strictly against, any of the parties to this Agreement.

(h) The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision and any such invalid or unenforceable provision shall be deemed to be severable.