TERMS AND CONDITIONS
The following terms and conditions (the “Terms”) shall govern the sale by Heidary Health (“HH”) to you of the products (the “Products”) on HH website (the “Website”), as well as other uses of the Website. By accessing and using the Website, you agree to be bound by the Terms. You agree that HH may, at its sole discretion modify the Terms at any time with or without notice to you. The revised Terms shall be posted on the Website. You should review these Terms prior to each purchase or other use of the Website for any such changes.
Order Information: To order Products, you must complete the information required on the online order form in full including as required the Health Risk Assessment. HH reserves the right, at its sole discretion to accept or reject any order in whole or in part. Your submission of an order for the Product(s) on the Website constitutes your representation to HH that you are at least 18 years of age and that the information provided to HH, to the best of your knowledge, is true, accurate, and complete. You will be requested to provide your credit card information which will be verified by secure server. HH reserves the right to accept or decline any proposed credit card transaction.
Promotion Codes: A promotion code (“Promotion Code”) may have been provided to you by your third party wellness provider. This Promotion Code is entered in the Promotion Code box during the checkout process when purchasing a product. By choosing to use this Promotional Code during the purchase of a product, you are providing consent to share your screening results with your third party wellness provider. If you do not consent to sharing your results, do not use the Promotion Code.
Products and Prices: All prices indicated on the Website are subject to change without notice. Prices quoted are subject to the applicable provincial and federal sales tax. HH will use its best efforts to ensure the availability of the Products featured on the Website, but cannot guarantee the availability of any Products at the time of order.
Delivery of Order: All orders of Products must be prepaid in full prior to delivery. In order for HH to provide you with the Product(s) ordered, you may be required to complete various medical exams, provide blood and / or other medical samples, and / or undergo further medical tests or diagnostic investigations and procedures (collectively the “Medical Tests”). You herby hold HH harmless and indemnify HH for failure by you to complete the necessary Medical Tests. You agree that you are not entitled to a refund or credit of any kind, for failure by you in completing the necessary Medical Tests within a 3 month period of submitting your respective Product order. HH has no obligation to provide you with the necessary Products if the Medical Tests are not completed within 3 months of submitting the respective Product order. You also agree that you will not hold MHWR liable for any invalid, incomplete or inaccurate information provided to you by MHWR as a result of you providing incomplete and/or inaccurate information or failing to complete the required Medical Tests.
Ownership/Restrictions on Use: The HH trade-marks on the Website including their associated logos are owned by HH. The Website service and any and all data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information related thereto (collectively, the “Content”) is owned by HH and/or its third party licensors. The Content is protected by Canadian and international copyright and trademark laws.
The Content is for your personal, non-commercial use only. You may not modify, copy, reproduce, publish, post, transmit, distribute, perform, create derivative works from transfer or sell any Content without the express prior written consent of HH.
Registration and Passwords: Registration may be required to access and use certain portions of the Website. If you register for any such use, you agree to provide true, current and accurate information required for such registration and to update such registration information as soon as possible should there be any changes to that information. Upon registration you may be asked to select a password and/or username. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify HH of any suspected unauthorized use of your password or username or any other breach of security. HH will not be liable, directly or indirectly for any loss or damage of any kind incurred as a result of your failure to protect the confidentiality of your password and/or username.
Links: The Website may contain hyperlinks to other World Wide Web sites which are owned and operated by unaffiliated third parties (“Other Sites”). The hyperlinks to other sites are offered as a convenience and do not constitute an endorsement by HH of any other site, its resources, or its content. HH will not be liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such other sites.
You acknowledge and agree that your dealings with any third parties, including any merchants or advertisers linked to the Website, including payment for and delivery of goods and services, and all other terms, conditions, representations and warranties related to such dealings are solely between you and such third parties. You agree that HH will not be responsible for liable in any way for any loss or damage of any kind incurred as a result of or in connection with, any such dealings or transactions.
HH reserves the right to deny or revoke permission to link to the Website from any other site for any reason at our sole discretion.
Disclaimer: You agree that the Products ordered by you are for informational, educational, and preventative purposes as part of a broad based personal wellness initiative. You warrant that you will not use Products personally for any diagnostic or treatment purposes. You warrant that you will seek professional advice, independently on questions that you may have with respect to diagnosis, treatment, preventative or mitigation strategies that may arise from the results of the Products ordered.
The Products and the Content are not guaranteed and are being provided on an “as is” basis. HH makes no representations, warranties or conditions of any kind, express or implied, including without limitation, representations, warranties, and conditions of merchantability. HH does not warrant that the functions contained in the Website or any Content will be uninterrupted or error-free; that defects will be corrected; or that the Website of the servers that make it available are free of viruses other harmful components.
Limitation of Liability: HH shall not be liable for any direct, indirect, special incidental, consequential or punitive damages arising from any Products purchased through this Website. Without limiting the foregoing, the maximum total liability of HH and their respective directors, officers, employees, agents, and contractors (collectively, the “HH Parties”) shall be an amount equal to the amount paid by you for the applicable Product you purchased from HH. Applicable laws may not allow the limitation or exclusion may not apply to you. In no circumstances will liability exceed the amount, if any, you paid HH for the applicable Product.
Indemnity: You agree to indemnify, defend and hold harmless, the HH Parties for any and all claims, liabilities, damages, actions, losses, and expenses (including all legal fees) arising out of your use of the Website including, without limitation, your purchase of any Products through the Website. Notwithstanding the foregoing, HH retains the exclusive right to defend, settle, and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against HH and in no event shall you settle any such claim without the prior written consent and approval of HH.
Governing Law: The laws of Province of Ontario and the applicable laws of Canada will govern these Terms and all related transactions.
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provisions shall be severed from the rest of these Terms, which shall continue in full force and effect.
Contact Information: If you have any questions about your online order, you can contact our Head Office.
These Terms of Sale were last updated on October 31, 2016.