Terms of Service
This website or the site at BHealthy.ca (the “Site”) is operated by BHealthy.ca. Throughout the Site, the terms “we”, “us” and “our” refer to BHealthy.ca and shall be deemed to include 8 Lower Inc. and its affiliates, subsidiaries, successors and assigns. BHealthy.ca offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Site and/ or purchasing something from us, you engage in our service (the “Service”) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online sales platform is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 ONLINE TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Use of this website that may hinder the use of other Internet users, that can endanger/jeopardize the functioning of this website and/or affect the information provided on or via this website or the underlying software, is not permitted.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 DISCLAIMER REGARDING HEALTH INFORMATION
BHealthy.ca does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any medical information n is it responsible for the content of any linked pages, or any other websites. The information provided by BHealthy.ca on the Site are for educational purposes only and in summary form intended to provide general information of certain health care topics. BHealthy.ca specifically excludes any responsibility and shall not have any liability to you or anyone else for any action or decision taken in reliance upon the information contained in the Site. You are responsible to review and understand all package and package insert information concerning products purchased from BHealthy.ca. The information provided on the Site is not intended to be used as a substitute for professional medical diagnosis or treatment. You should seek the advice of your doctor or pharmacist prior to taking any products available on the Site or starting any treatment or in connection with any health problems or questions.
Any information posted on the website is general in nature and is informational purposes only. In no event should the website be deemed to provide specific advice for you, and should not be relied upon in that regard. You should only act or rely on the advice of a professional before using any product available on the website. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY THE PRODUCT. ALWAYS CONSULT YOU OWN PHYSICIAN FOR ADVICE AND TREATMENT
SECTION 5 MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice and are subject to applicable taxes. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
While we take all necessary steps to provide accurate product and pricing information, pricing or other errors may occur. We do not warrant the accuracy of any specifications, pricing, warranty or other product information contained in this website and any information included is subject to change us at any time. Without limiting the generality of any other terms and conditions on this website, we do not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product. In addition, we reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 8 OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is-where-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 THIRD-PARTY LINKS
Where BHealthy.ca provides hypertext links to third party web sites, such links are not an approval or endorsement by BHealthy.ca of any products or services provided on or via such web sites. The hyperlinks are provided for convenience only. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 PERSONAL INFORMATION
BHealthy.ca tries to protect the security and privacy of any information you provide over the internet to us. However because of the inherent nature of the internet, we cannot guarantee that this information will not be improperly accessed or used by third parties. Any information submitted to us over the internet to is submitted at your own risk. For further information please refer to the Privacy and Security sections of our website.
SECTION 12 ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THIS WEBSITE, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS. BHEALTHY.CA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS (INCLUDING WITHOUT LIMIT PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES. BHEALTHY.CA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER EXPRESSLY ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE WEBSITE BHEALTHY.CA INCLUDES LINKS TO OTHER WEBSITES THAT BHEALTHY.CA HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST BHEALTHY.CA WITH RESPECT TO SUCH WEBSITES.
NONE OF BHEALTHY.CA, 8 LOWER INC. OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.
SECTION 15 INDEMNIFICATION
You agree to indemnify, defend and hold harmless BHealthy.ca and our parent, 8 Lower Inc., its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 GOVERNING LAW
This website, the Terms of Service and any separate agreements whereby we provide you Services will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding your domicile, residence or physical location. The website, the Information and the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of the Province of Ontario.
SECTION 20 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.