Last updated: June 30, 2017
Welcome to biotico Health Canada Ltd. online presence.
biotico Health Canada Limited and/or its affiliates ("Biotico") provide website features and other products and services to you when you visit or shop at bioti.co or bioticohealth.com, use Biotico products or services, or use Biotico applications for mobile (collectively, "Biotico Services"). Biotico provides the Biotico Services subject to the following conditions.
We offer a wide range of Biotico Services, and sometimes additional terms may apply. When you use an Biotico Service (for example, Your Profile, Gift Cards, Biotico Store) you also will be subject to the guidelines, terms and agreements applicable to that Biotico Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use Biotico Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Biotico Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Biotico Service, such as text, graphics, logos, button icons, images, audio clips, and digital downloads is the property of Biotico or its content suppliers and protected by Canada, United States and international copyright laws. The compilation of all content included in or made available through any Biotico Service is the exclusive property of Biotico and protected by Canada, U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Biotico Service are trademarks or trade dress of Biotico in the Canada, U.S. and other countries. Biotico's trademarks and trade dress may not be used in connection with any product or service that is not Biotico's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Biotico. All other trademarks not owned by Biotico that appear in any Biotico Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Biotico.
One or more patents owned by Biotico apply to the Biotico Services and to the features and services accessible via the Biotico Services. Portions of the Biotico Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Biotico or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Biotico Services. This license does not include any resale or commercial use of any Biotico Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Biotico Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Biotico or its licensors, suppliers, publishers, rights holders, or other content providers. No Biotico Service, nor any part of any Biotico Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Biotico. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Biotico without express written consent. You may not use any meta tags or any other "hidden text" utilizing Biotico's name or trademarks without the express written consent of Biotico. You may not misuse the Biotico Services. You may use the Biotico Services only as permitted by law. The licenses granted by Biotico terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Biotico account to use certain Biotico Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Biotico does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Biotico Services only with involvement of a parent or guardian. Biotico reserves the right to refuse service, terminate accounts, terminate your rights to use Biotico Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Biotico reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Biotico a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Biotico and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Biotico for all claims resulting from content you supply. Biotico has the right but not the obligation to monitor and edit or remove any activity or content. Biotico takes no responsibility and assumes no liability for any content posted by you or any third party.
Biotico respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at email@example.com with the following information.
RISK OF LOSS
All purchases of physical items from Biotico are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Biotico does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Biotico does not take title to the refunded item.
Biotico attempts to be as accurate as possible. However, Biotico does not warrant that product descriptions or other content of any Biotico Service is accurate, complete, reliable, current, or error-free. If a product offered by Biotico itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by Biotico, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Biotico is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any Biotico Service if you are the subject of Canadian or U.S. sanctions or of sanctions consistent with Canadian or U.S. law imposed by the governments of the country where you are using Biotico Services. You must comply with all Canadian and U.S. or other export and re-export restrictions that may apply to goods and services.
Parties other than Biotico operate stores, provide services, or sell product lines through the Biotico Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Biotico does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BIOTICO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIOTICO SERVICES ARE PROVIDED BY BIOTICO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIOTICO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BIOTICO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIOTICO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BIOTICO SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BIOTICO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIOTICO DOES NOT WARRANT THAT THE BIOTICO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIOTICO SERVICES, BIOTICO'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BIOTICO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BIOTICO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BIOTICO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BIOTICO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Biotico Service, or to any products or services sold or distributed by Biotico or through Bioti.co will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Biotico will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Biotico Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the province of Ontario, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Biotico.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Biotico Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Biotico Health Canada Limited
2001 Albion Road
Toronto, ON M9W 6V6 CANADA