HORSELiFE LTD.
(“HORSELiFE”)
TERMS & CONDITIONS

This website (the "Site") provides information with respect to products and services of HORSELiFE Ltd. (“HORSELiFE”). You are invited to access, browse and use this Site on the following terms and conditions ("Terms and Conditions"). Please review and ensure you understand these Terms and Conditions prior to using this Site.

By accessing, browsing or using this Site, you are agreeing to and accepting these Terms and Conditions. This forms a legally binding agreement between you and Horse Life. If you do not agree with the Terms and Conditions, do not use this Site. If at any time during your use of this Site you disagree with the Terms and Conditions, kindly cease to use this Site.

I. Ordering Terms and Conditions

(a) Ordering:

You can order products online using this Site, or by contacting HORSELiFE either by telephone at 1-888-481-1445 or by visiting them in person at their retail stores located at the addresses listed on their website.

HORSELiFE does not guarantee and makes no representation that they will have a product in stock or inventory when it is ordered by a Customer. Accordingly, while HORSELiFE endeavours to provide its Customers with the products they order as quickly as possible, HORSELiFE takes no responsibility for the length of time it takes for the Customer to receive their product.

(b) Payment:

Full payment for the product must be paid by Credit Card at the time of ordering and shall be subject to the following:

• All prices quoted in the Terms and Conditions are in Canadian Dollars unless otherwise stated and are subject to change.
• All payments for Custom Order Products, Saddles and Close Out Items (as hereinafter defined) are final and non-refundable. “Custom Order Products” include all products which are specifically ordered by a Customer and that have a unique element to them which would make it difficult for HORSELiFE to resell to another customer. The determination of what shall be considered a Custom Order Product is in the sole discretion of Horse Life. “Close Out Items” shall be those items as defined on the Site.
• All payments for non-Custom Order Products shall be refundable for a period of 7 days from the date they are ordered, provided the product has not yet been shipped to the Customer. If the product has already been shipped, or if 7 days have passed since the date the product was ordered, the sale shall be final and non-refundable.
• Customers will be able to exchange non-Custom Order Products for a period of 30 days from the date the product is shipped provided that all of the packaging and tags remain with the item and the item may be resold. HORSELiFE reserves the right to determine in its sole discretion whether a product may be exchanged.
• Failure to remit payment in accordance with the above terms and conditions will automatically result in the cancellation of your order. If your order is cancelled for failure to remit the complete payment, there will be no refund of any deposits or payments you may have made up to the time of the cancellation.

(c) Shipping

HORSELiFE uses Purolator Courier Ltd. (“Purolator”) to ship all goods that are ordered by Customers. Accordingly, HORSELiFE encourages its Customers to review all of the applicable terms and conditions of shipping with Purolator.

HORSELiFE shall not be liable for any damage to any product once it leaves the possession of HORSELiFE and the Customer hereby agrees to indemnify and save HORSELiFE harmless from any and all claims for damage to the product they have ordered whether direct or indirect.

HORSELiFE hereby reserves the right to change couriers at any time and in their sole discretion.

(d) Disbursement of Deposits/Payments:

All monies paid to HORSELiFE for the purchase of a product may be disbursed by HORSELiFE as and when it sees fit and the payment for the product shall be deemed to be a direction to disburse such monies as aforesaid.

(e) Website Pricing and Typographical Errors:

While HORSELiFE strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, HORSELiFE shall have the right, in its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, HORSELiFE may, in its discretion, either contact the Customer for instructions or cancel the order and notify the Customer of such cancellation. Prices and availability are subject to change without notice.

(f) Disclaimer:

HORSELiFE shall not be liable for the quality or safety of products sold on its website. HORSELiFE shall also not be liable for any representations made by the manufacturers or suppliers of any such products. The products shall be used at the Customer’s own risk of loss, damage or injury and HORSELiFE shall not be liable in any manner for any losses, damages, injuries or claims that may arise due to the Customer’s use of such products.

(g) Horse Life’s Liability

• Please note that HORSELiFE makes arrangements with suppliers of the various products that it offers for resale. HORSELiFE does not own, manage, control or operate any supplier of such products and is not responsible for their acts, omissions, fault or negligence, or that of their employees, nor for any loss or damages suffered as a result thereof. All orders made with HORSELiFE are subject to the terms and conditions and limitations of liability imposed by such third party suppliers.
• The Customer hereby agrees that no liability will attach to Horse Life, its employees or agents for death, personal injury or illness of the Customer and/or for loss or damage to the Customer’s property and effects from the use of the products. HORSELiFE shall not be liable for any losses, damages, or additional expenses suffered by the Customer as a result of cancellation, delay, Act of God or other causes beyond the control of Horse Life.
• To the maximum extent permitted by law, in no event shall Horse Life, its directors, officers, employees or agents be liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind whatsoever, that may arise due to the failure on the part of any third party providing services to Horse Life, including but not limited to, suppliers in the performance of their obligations, even if HORSELiFE had been advised of the possibility of such damages or could reasonably foresee such damages occurring.

(h) Credit Cards:

Payments may be made by credit card.

For orders made over the telephone the Customer’s verbal authorization for the use of their credit card indicates their acceptance of these Terms and Conditions and confirms the order, whether or not the Customer has signed the appropriate draft.

For orders made on the Site, HORSELiFE uses the services of Moneris Solutions to process all credit card payments. The Customer hereby agrees that HORSELiFE shall not be liable for any error or consequence of the Customer using their Credit Card for payment of a product on this Site or the Moneris Solutions link. We encourage Customers to read the terms and conditions of use of Moneris Solutions security and payment services.

HORSELiFE hereby reserves the right to change credit service providers at any time and in their sole discretion.

(i) Privacy

HORSELiFE strictly complies with principles of privacy with respect to clients’ personal information, including in accordance with the Personal Information Protection Act of Alberta (“PIPA”) and the Personal Information and Electronic Documents Act of Canada (“PIPEDA”). For a copy of our comprehensive Privacy Policy, view the linked titled “Privacy Policy” on our Site.

II. Terms and Conditions for Use of Website

(a) Jurisdiction:

These Terms and Conditions and your use of this Site shall be governed by and construed in accordance with the laws in force in the Province of Alberta, without reference to any choice of law or conflict of law principles.

(b) Copyright and Trademarks:

All content on this Site, including but not limited to, all software, text, data, sound, programming, visual images, graphics and the design of this Site and the selection, organization and arrangement of the foregoing (collectively, the "Content"), are protected by copyright and other intellectual property laws and are either owned or used under license by Horse Life.

Any unauthorized use of the Site, the Content or the Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of HORSELiFE or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.

Disclaimer:

Use of this Site, the Content, and the products is at your own risk. This Site, the Content, and the products are provided on an "as is" and "as available" basis. Neither HORSELiFE nor any of its suppliers makes any representations or warranties, express or implied as to the operation of this Site or the products, or the accuracy, reliability, completeness, quality, currency or timeliness of the Site, the Content or the products.

Neither HORSELiFE nor any of its suppliers warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected, that communications to or from the Site will be secure and/or not intercepted or that the Site or any server that makes it available will be free from viruses or other harmful components. HORSELiFE is not liable to you for damage to your computer or computer system which results from your accessing, browsing or using this Site. All of the risk associated with your use of this Site, including but not limited to, the risks associated with the quality and performance of this Site and with the accuracy, comprehensiveness and timeliness of the Content is assumed solely by you.

To the maximum extent permissible by law, HORSELiFE expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of proprietary rights.

Limitation of Liability:

To the maximum extent permitted by law, in no event shall HORSELiFE or its suppliers, and each of their respective directors, officers, employees or agents be liable for any direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind whatsoever, including without limitation, damages for business losses, lost savings, lost data, loss of use, loss of opportunity, lost profits, interruption of activities, or any other pecuniary or economic loss arising from or relating to the use, reliance upon or inability to use the Site, the Content and/or any product or service described or provided on this Site, even if HORSELiFE or its suppliers have been advised of the possibility of such damages or could reasonably foresee such damages occurring. In no event shall HORSELiFE be liable for any damages of any kind arising from the use of any hyper-linked site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.

Indemnity:

You hereby agree, at your own expense, to indemnify and hold HORSELiFE and its suppliers, and each of their respective directors, officers, agents, representatives and employees, harmless against any and all claims, demands, suits, actions, or other proceedings brought against any of them by a third party as a result of your breach of these Terms and Conditions. HORSELiFE reserves the right to assume, at its own expense, the exclusive control and defence of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with Horse Life’s defence of these claims, demands and actions.

Modification or Termination of Service:

HORSELiFE reserves the right, in its sole respective discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time, for any reason and without prior notice to you and without any liability to you for doing so. HORSELiFE may change, modify, suspend or discontinue all or any part of this Site at any time without prior notice to you and without liability to you for doing so. In the event of termination, these Terms and Conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Site and of the Content.

Third Party Sites:

This Site may contain links to third party websites. Your use of any website linked to this Site is at your own risk and HORSELiFE does not endorse the Content contained in any third party website. HORSELiFE is not responsible for the availability, accuracy or reliability of the Content of any third party website and does not make any representation, warranty or condition, express or implied, of any kind regarding any third party website, including without limitation any representation or warranty regarding the accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any Content on a third party website.

Privacy:

To review the HORSELiFE privacy policy that applies to this Site please click on the link on our homepage. The HORSELiFE privacy policy applies to your use of this Site. By accessing and using this Site, you accept the privacy policy which outlines how personal information collected through this Site is handled by Horse Life. You acknowledge having read the HORSELiFE Privacy Policy.

Changes to these Terms and Conditions:

HORSELiFE reserves the right to, at any time, modify these Terms and Conditions, and you agree to be bound by any such modifications. Such modifications shall be effective immediately upon HORSELiFE giving notice thereof, which may be given by any means, including, but not limited to, posting on this Site. You agree to regularly review these Terms and Conditions posted at this Site and to be aware of such modifications. Your use of this Site following any such modification constitutes your agreement to follow and be bound by the modified Terms and Conditions. If at any time, these Terms and Conditions are no longer acceptable to you, you should immediately cease all use of this Site.

Waiver/Severance:

The failure by HORSELiFE to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any provision of these Terms and Conditions shall be deemed unlawful, void, or otherwise unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.