Terms & Conditions
Last updated: November 28th, 2023
Please read these terms and conditions carefully before using Our Service.
The Orā Way maintains and operates the www.theoraway.com website. For the purposes of these terms and conditions of use, the term "customer" refers to any person browsing the Website.
These terms and conditions apply to all customers and govern, together with the applicable laws, their use of the following services:
Certain Services are offered via third parties. These third parties may be subject to terms and conditions that differ from these Terms and Conditions. The Orā Way recommends that its customers review the policies applicable to websites other than www.theoraway.com.
General
Before using the theoraway.com website you must read, understand, and agree to be bound by the following terms and conditions. By using theoraway.com you signify acceptance of these terms. The Orā Way reserves the right to modify these terms without notice, at its sole discretion. Those changes go into effect upon being posted to this page.
Any customer concerned about possible changes to these terms and conditions of use should review the policy posted on the Website prior to each use. The Orā Way also recommends that its customers periodically review these terms and conditions of use for any updates.
If you have any questions regarding these terms and conditions of use, you should contact The Orā Way at ariane@theoraway.com.
When placing an order you agree and accept that you must be the authorized owner of the credit card used for payment.
By placing an order you agree to accept the shipment of goods and pay in full as per the invoice.
By placing an order you accept that returns will only be accepted in the case of defective products or allergic reactions.
Other returns are only accepted unopened plus the cost of return shipping.
By placing an order you accept responsibility for paying any taxes applicable to your order.
We reserve the right to refuse orders if we deem them to be possible fraud.
You accept that the The Orā Way website is provided as is and we are not responsible for any damages caused by using it.
Effective as of November 28th, 2023.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Conduct and Use of the Website and Services
The website www.theoraway.com and its services may be used by customers for personal and lawful purposes only. Customers may not use www.theoraway.com for any commercial purpose and any other use of the website is subject to The Orā Way’s written consent. All customers agree not to use www.theoraway.com and its services for any purpose other than those designated by The Orā Way.
Each customer is solely responsible for deciding whether the services offered are suitable for his or her own needs and whether the services meet his or her needs.
No customer shall violate or attempt to violate the security of www.theoraway.com and its services, including, without limitation: (a) accessing data not intended for such customer or logging into a server or account which such customer is not authorized to access, (b) using the website or its services for any purpose other than that designated by The Orā Way, (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempt to interfere with the website, its services or the service of any customer, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, "flooding," "spamming," "mailbombing," "crashing," "circumventing" security or customer authentication measures, or attempting to breach security or authentication measures.
You may not use or attempt to use any of the following: (a) flooding, spamming, mailbombing, crashing, circumventing security measures or customer authentication, (b) attempting to exceed the permissions and limited access granted to you under these terms and conditions, (c) forging any TCP/IP packet header or any part of the header information in any e-mail posting, (d) scraping or harvesting data, (e) using bots for payment processing, (f) using spiders, bots (g) using spiders, robots, data mining techniques or other automated devices or programs to catalog, upload, store or otherwise reproduce, store or distribute content available on the website, (h) frame portions of the website within another website, (i) link from any other website to any page of the website other than the home page, (j) resell use of or access to the Website to any third party without The Orā Way's prior written consent.
Violation by any customer of system or network security or improper conduct may result in civil or criminal liability. The Orā Way will investigate occurrences that may involve such violations and may cooperate with law enforcement entities in prosecuting customers responsible for such violations.
Anyone under the age of eighteen (18) is not permitted to use the website and its services without the supervision of a parent or legal guardian. The Orā Way is not responsible for any failure to do so.
Access to the website and its services may not be legal by certain persons or in certain states or countries or may require authorization. Customers accessing the website and services are solely responsible for compliance with the laws and regulations of their jurisdiction.
The Orā Way reserves the right, with or without notice (a) to change product, skincare, or service descriptions, images, and references; (b) to limit the quantity available of any product, skincare, or service; (c) to honor or impose conditions on the honor of any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit customers from engaging in any transaction; and (e) to refuse to provide any customer with any product, skincare or service. The price and availability of any product, skincare, or service offered through the website and in-store are subject to change without notice, and The Orā Way shall not be liable for any errors in the prices or descriptions of such products, skincare, or services. Refunds and exchanges will be subject to The Orā Way's then-current refund policies. Customers agree to pay all charges that may be incurred by them or on their behalf through the website at the amount in effect at the time such charges are incurred, including, without limitation, all shipping and handling charges. In addition, customers remain responsible for all taxes that may apply to their purchase of a product, skincare, or service.
Customer Information, Username, Password and Security
In order to use the website and the services, customers may be required to register with The Orā Way. As part of such registration, The Orā Way may refuse to grant its customers, who will not be able to use, a username or email address that belongs to or is already being used by another person, that may be construed as impersonating another person, that violates the intellectual property or other rights of any person, that is offensive, or that The Orā Way rejects for any other reason, in its sole discretion.
All customers are responsible for maintaining the confidentiality of their information with respect to the website and the services, including their username and password. Customers are prohibited from transferring their password or user name, and from lending or otherwise transferring their use of or access to the Website or Services to any third party.
Customers are fully responsible for all transactions, including any information transmitted in connection with any transaction, and other interactions with the website that occur in connection with their username.
Customers shall immediately notify The Orā Way of any unauthorized use of their username and password or any other breach of security related to their account, username, or website. The Orā Way recommends that its customers ensure that they have completed the account logout procedure at the end of each session. The Orā Way is not responsible for any loss or damage arising from its customers' failure to comply with any of the above obligations.
Customers' privacy rights are set forth in The Orā Way's Privacy Policy available at and may change at any time.
Communications
By using the website and services, customers agree to receive electronic communications from The Orā Way. These communications will include emails regarding accounts, passwords, access, marketing, transactions, and other information related to the Services and account.
Payments and Billing
By purchasing a product or using the services, customers authorize The Orā Way to charge the selected product or service to the designated payment method. Receipts will be sent to customers upon successful billing to the email address associated with the account.
Booking appointments through www.theoraway.com online or in-store requires customers to provide a credit card number. The information collected is encrypted on www.theoraway.com and only the last four digits of the credit card numbers are visible to The Orā Way and its employees.
Customers' cancellation, delivery, and exchange rights are set forth in The Orā Way's Cancellation, Delivery, and Exchange Policy available at and may change at any time.
Third Parties
Customers' use of any information provided on the website is at their own risk and any medical or health questions or concerns should be directed to a health care professional.
Limitation of Warranty
The website, its content, and the services and products are provided on an "as is" and "as available" basis, with all faults and without warranty of any kind, and The Orā Way hereby disclaims all warranties and conditions, express, implied or statutory, with respect to the services and products, including, but not limited to, any warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet use, non-infringement, title and non-infringement of third party rights.
The Orā Way makes no representations or warranties of any kind regarding the products available on the website.
The Orā Way does not warrant that the website and services will meet or exceed customer requirements, that their operation will be uninterrupted, free of errors, computer viruses, or other harmful mechanisms, and that any defects will be corrected. If the website or services are defective, The Orā Way is not responsible for any costs associated with the need to repair or replace equipment or data.
While The Orā Way uses reasonable efforts to include up-to-date information on the website, The Orā Way makes no warranties regarding the accuracy, reliability, completeness, or timeliness of the content of the website and services, and assumes no liability for any errors or omissions in connection therewith, and each customer agrees to use the website at his or her own risk.
The transmission of data or information by customers, including communications by electronic mail, over the Internet or other publicly accessible networks may not be secure and may be subject to loss, interception, or alteration in transit. Therefore, The Orā Way assumes no responsibility for any damages that customers may experience or costs that customers may incur as a result of any transmission of data or information over the internet or other publicly accessible networks, such as transmissions involving the exchange of electronic mail. In no event shall such data or information be considered confidential, create a fiduciary duty on the part of The Orā Way, or result in any liability to customers in the event that such information is delivered to or accessed by third parties without consent.
Responsibility
To the extent permitted by applicable law, customers understand and agree that neither The Orā Way nor any of its affiliates shall be liable for any loss or damage arising out of or in connection with the use of this information. Understand and agree that neither The Orā Way nor any of its affiliates or subsidiaries, or their respective directors, officers, employees, partners, representatives, agents, shareholders, or principals, shall be liable for any direct, indirect, incidental, special, consequential, punitive or other damages arising out of or in connection with the use of The Orā Way. In no event shall The Orā Way be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages arising out of or in connection with the use of the website, including, without limitation, the content or products and errors contained therein, or their inability to use the website or the services, products, and care or any action The Orā Way takes or does not take, even if The Orā Way has been advised of the possibility of such damages. These include but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, lost profits, lost data, lost opportunities, costs of coverage, business interruptions, unauthorized access to and alteration of transmissions and data, personal injury, death, other tangible damages, and intangible losses. This limitation applies regardless of whether damages are claimed under the terms of a contract, resulting from negligence or otherwise. The Orā Way's maximum liability arising out of or related to the website, services, products, and care or the use of the website and services, products, and care, regardless of the cause of action (whether in contract, tort, strict liability, breach of warranty or otherwise), shall not exceed the amount paid for the use of the website or services, products, and care.
The Orā Way is not responsible for the deletion or loss of files or information downloaded from the website, all customers are responsible for the backup of all files or information downloaded from the website. The Orā Way is not responsible for the deletion or loss of any files or information uploaded to the website, all customers being responsible for the safekeeping of all their files and information uploaded to the website, for any unauthorized access to or alteration of their submissions, transmissions or data or any material or data sent or received or not sent or received, for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party, or for any infringement by any third party of any of the customers' intellectual property rights, privacy or other rights.
Intellectual Property
The Orā Way and all other trademarks and trade names of The Orā Way, and any variations thereof, are and shall remain the exclusive trademarks and trade names and property of The Orā Way, and any unauthorized use of such trademarks and trade names is prohibited.
The website and the services, including all copy, software, graphics, designs, and all copyrights, trademarks, and other intellectual property or proprietary rights contained therein are the sole and exclusive property of The Orā Way and are protected by the copyright, trademark, and other common and statutory intellectual property laws of Canada and other countries. Customers agree that The Orā Way owns and retains all rights to the website and the services.
Customers may not sell or modify the content of the website or the services, nor may they reproduce, display, publicly perform, or distribute the services in any way for any purpose, except as expressly authorized by The Orā Way.
Certain elements of the Website are owned by third parties who have authorized The Orā Way to display them, such as branded materials, logos, trademarks, and other proprietary elements. Except as expressly provided in these Terms and Conditions of Use, no license is granted to, nor are any rights conferred upon, any customer by virtue of accessing or using the website. All rights not granted under these terms and conditions of use are reserved by The Orā Way. Customers may not copy, modify, transmit, or make derivative works based on the content of the website.
The Orā Way reserves the right to prosecute any customer who fails to comply with the rules set forth in this subsection.
Indemnification
Customers agree to defend, indemnify, and hold The Orā Way and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners harmless from and against any and all losses, liabilities, claims, actions, reasonable legal and accounting fees or expenses arising out of (i) their use of the website or the services, products and care; (ii) the content or communications generated by customers; or (iii) their violation of the terms of these terms and conditions of use. The Orā Way will immediately provide affected customers with notice of any claim, suit, or proceeding and will assist, at the affected customer's expense, in defending any such claim, suit, or proceeding. The Orā Way reserves the right to assume the exclusive defense and control of any matter subject to immediate indemnification.
Additional Terms and Conditions
Nothing in this Agreement is intended to create or shall be construed as creating a joint venture, partnership, employer/employee, or principal/agent relationship between Customers and The Orā Way.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the Province of Quebec applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Each Customer irrevocably consents to the exclusive jurisdiction of the courts located in the Province of Quebec in any action arising out of or relating to these Terms and Conditions of Use and waives any objection based on lack of personal jurisdiction, residence, or inconvenient venue in any such action.
If any provision of these terms and conditions of use is found by a court of competent jurisdiction to be invalid or unenforceable in any respect, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these terms and conditions of use shall remain in full force and effect.
The failure or delay of The Orā Way or the Customers to exercise or enforce any right or claim shall not constitute a waiver of such right or claim and shall in no way affect the right of The Orā Way or the Customers to subsequently enforce or exercise such right or claim, unless such party issues an express written waiver, signed by a duly authorized representative.
Customers may not assign these Terms and Conditions of Use or any of their rights or obligations hereunder.
Except as expressly provided herein, these Terms and Conditions of Use shall create rights and obligations only between The Orā Way and each individual customer and shall not create any rights for any other party.
Last updated: November 28th, 2023