Terms & Conditions

Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By using Healthsnap.com or Healthsnap.ca (collectively, the "Site"), you signify your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Site. Except where stated otherwise, “HealthSnap”, “we,” “us,” or “our” means HealthSnap Incorporated and/or any of its affiliate companies, as the case may be. “You” or “your” means the user of the Site. Whenever used in this Agreement, the terms “include(s),” “including,” “e.g.,” and “for example” mean, respectively, “include(s), without limitation,” “including, without limitation,” “e.g., without limitation,” and “for example, without limitation.”

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. Please check these Terms & Conditions periodically for any updates or changes. Your continued access or use of the Site following the posting of changes to these Terms & Conditions will mean that you accept these changes and the reasonableness of these standards for notice of changes.



PRIVACY AND SHIPPING & RETURNS

Please review our Privacy Policy and Shipping & Returns Policy which also govern your use of the Site, to understand our practices.



AGE RESTRICTION

To register and/or order products from HealthSnap users must be the age of majority in the jurisdiction where they are residing and/or ordering from. Anyone under the age of majority must get permission from a parent or guardian before placing an order. You are responsible for supervising and monitoring the actions of any minor who uses your web connection to access the Site, along with the conduct and consequences of any misuse by the minor of the Site.



ELECTRONIC COMMUICATIONS

When you visit, use, or email the Site you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.



INTELLECTUAL PROPERTY AND SITE USAGE

All content, including without limitation all text, design, graphics, photographs, code, software, and all organization and presentation of such content, which forms part of the Site, are subject to intellectual property rights, including copyright, trade-marks, trade names, and logos held by or licensed to HealthSnap or any of its affiliates. All such rights are expressly reserved.  Except as expressly authorized, your use or misuse of any intellectual property found on or through the Site shall constitute a violation of the rights of the respective owner of the property.

No content from the Site or any website owned, operated, licensed, or controlled by HealthSnap may be copied, reproduced, republished, framed, uploaded, posted, transmitted, modified, or distributed in any way, without the written permission of HealthSnap, except that you may download, display and print the materials presented on the Site for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. Except as expressly stated in these Terms & Conditions, no right or license to use the Site or content from the Site, in whole or in part, shall be granted or implied without our prior written approval. Failure to obtain such approval in advance is a violation of this agreement and an infringement of our copyright and other proprietary rights and is strictly prohibited.



ACCOUNT OBLIGATIONS AND SITE CONDUCT

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself when registering an account (the "Account Information") and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and/or any pending orders, and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy

You will receive a password and account designation when you have registered and completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security that you become aware of.

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes and are prohibited from posting on, linking to, or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, or otherwise objectionable material of any kind.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site and agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.



PRODUCT PICTURES AND INFORMATION

While HealthSnap strives to provide accurate pictures and product availability, and pricing information, errors and omissions may occur. We do not warrant the accuracy of any pictures or information, including descriptions, directions, ingredients, specifications, pricing, warranty or other product information contained on or through the Site and all information is subject to change by HealthSnap at any time.
 

PRICING, COUPONS AND AVAILABILITY

HealthSnap reserves the right to alter retail prices at any time without prior notice. All prices on the Site are in Canadian Dollars and reflect the cost of a product before taxes. All applicable taxes and shipping costs will be added once your order is processed. HealthSnap cannot confirm the price of a product until you place an order. HealthSnap can also not guarantee the availability of any products or services described on the Site and some may not be available in certain regions or locations, or at all due to space limitations, unavailability of supply or for other reasons.

HealthSnap may from time to time provide discounts to its customers with coupon codes as part of ongoing promotional activities. No coupon codes or our student discount may be applied on items that are already on sale on the site.

Where coupons are specified as one use per customer, HealthSnap reserves the right to cancel any orders that are by a customer suspected of violating this restriction.

HealthSnap does not accept liability for any errors or omissions which may be found on the Site or for the unavailability of any product. If a product offered by the site is not as described, your sole remedy is to return it in unused condition.

We reserve the right to at anytime limit quantities available for sale or sold, and to correct, cancel, reject or terminate any order for any reason whatsoever at our sole discretion, whether or not the order has been submitted, confirmed, and/or charged to you. Such reasons may include, but are not limited to, unauthorized coupon usage, product availability, pricing discrepancies or pricing errors. We will provide a refund for any order that has been charged and subsequently cancelled by us.

Advertisements and product pages on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. Your completion of the checkout and/or ordering process constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a confirmation to your email address. That confirmation email constitutes our acceptance of your order and forms a legally binding contract with HealthSnap Incorporated.



DISCLAIMER REGARDING HEALTH AND MEDICAL INFORMATION

The Information on the Site is for informational purposes only and is not intended to provide specific advice for you and should not be relied upon in that regard. THE INFORMATION ON THE SITE IS NOT MEANT AS A SUBSTITUTE TO ADVICE PROVIDED BY A PHYSICIAN OR MEDICAL PROFESSIONAL. YOU SHOULD NOT RELY ON THE INFORMATION WITHOUT SEEKING THE ADVICE OF A PHYSICIAN OR MEDICAL PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE SITE OR ANY INFORMATION FOUND ON ANY OTHER WEBSITES LINKED TO ON THE 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 A PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT. ALWAYS CONSULT YOUR OWN PHYSICIAN OR MEDICAL PROFESSIONAL FOR DIAGNOSIS, ADVICE AND/OR TREATMENT OF ANY MEDICAL CONDITION OR AILMENT

HealthSnap does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any pictures or information, including those pertaining to directions or ingredients, posted or otherwise available on or through access to the Site and we shall not be liable to you or anyone else for any action or decision taken in reliance upon such information.



THIRD-PARTY LINKS

For convenience and informational purposes the Site may contain links to third-party websites. HealthSnap has no control over and makes no endorsements or representations of any kind regarding the products, services, business practices, content or appropriateness of the content of any linked websites (including the websites of participants in our pharmacy program).

HEALTHSNAP EXPRESSLY DISCLAIMS ANY LIABILITY FOR THIRD-PARTY WEBSITES OR THEIR CONTENT AND MAKES NO REPRESENTATION OR WARRANTY AS TO ANY PRODUCTS, SERVICES OR TERMS & CONDITIONS OFFERED BY SUCH THIRD-PARTY WEBSITES AND THE USER HEREBY IRREVOCABLY WAVES ANY CLAIM AGAINST HEALTHSNAP WITH RESPECT TO SUCH WEBSITES. A complete review of the Terms & Conditions and privacy policies of such other websites is strongly recommended.



REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

HealthSnap users may post reviews, comments, and other content, 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, or otherwise objectionable or injurious to third-parties, and does not consist of or contain viruses, commercial solicitation, mass mailings, or any form of 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 content submitted to or posted on the Site. HealthSnap 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, you grant HealthSnap a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, modify, create derivative works from,  and display such content to any person or entity in any form or media. You also grant HealthSnap and sublicencees 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 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 HealthSnap for all claims resulting from any content you supply. HealthSnap has the right but not the obligation to monitor and edit or remove any activity or content. HealthSnap takes no responsibility and assumes no liability for any content posted by you or any third-party.



GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY HEALTHSNAP ARE PROVIDED BY HEALTHSNAP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HEALTHSNAP MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENTS (INCLUDING PRODUCT DESCRIPTIONS, DIRECTION, INGREDIENTS AND PRICES), MATERIALS, PRODUCTS AND/OR OTHER SERVICES INCLUDED ON THE SITE OR OTHERWISE MADE AVAILABLE TO YOU BY HEALTHSNAP, UNLESS OTHERWISE SPECIFIED IN WRITING. HEALTHSNAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.YOUAGREE THAT YOUR USE OF THE SERVICES PROVIDED BY HEALTHSNAP, INCLUDING THE SITE, IS AT YOUR SOLE RISK AND THAT UNDER NO CIRCUMSTANCES SHALL HEALTHSNAP OR ITS AFFILIATES AND ANY RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES  OR COSTS (INCLUDING LEGAL FEES) FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (A) THE USE OF OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED,MESSAGES RECEIVED, OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SITE (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SITE OR LINKED TO ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO SERVICES PROVIDED BY HEALTHSNAP.

YOU HEREBY ACKNOWLEDGE THAT THIS SECTION IS A COMPREHENSIVE LIMITATION OF LIABILITY DISCLAIMER THAT APPLIES TO ALL CONTENT, MERCHANDISE, AND SERVICES PROVIDED BY OR THROUGH HEALTHSNAP AND SHALL SURVIVE THE TERMINATION OF YOUR USE OR RIGHT TO USE THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES AND CONDITIONS.  IF YOU RESIDE OR PURCHASE A PRODUCT FROM SUCH A JURISDICTION, SOME OF THIS DISCLAIMER MAY NOT APPLY TO YOU. HOWEVER, WHERE APPLICABLE, THIS DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.



INDEMNITY

You agree to indemnify and hold us and our subsidiaries, affiliates, associates, partners, officers, directors, agents, and employees harmless from any claim or demand, including legal fees, made by any third-party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms & Conditions, or your violation of any rights of another person or entity.



APPLICABLE LAW

Any dispute relating in any way to the Site shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, without regard to principles of conflict of laws. Each of the parties to this agreement irrevocably agrees to the jurisdiction of the Courts of the Province of Ontario.

You 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.

Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any federal, provincial, territorial, or international court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights.



TERMINATION

These Terms & Conditions are effective until terminated by either party. If you no longer agree to be bound by the Terms & Conditions, you must cease your use of the Site immediately. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate and/or delete your account and all related information and files in your account and bar any further access to such files or the Site. You further agree that we shall not be liable to you or any third-party for termination of your access to the Site and/or any direct, indirect, incidental, special, or consequential damages or costs resulting from the termination of your access to the Site.



GENERAL INFORMATION

These Terms & Conditions constitute the entire agreement between you and us and govern your use of the Site. You also may be subject to additional Terms & Conditions that apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such a right or provision.

If any provision in this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions.  



INTELLECTUAL PROPERTY COMPLAINTS

HealthSnap respects the intellectual property rights of others and requires our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please send an email to info@healthsnap.ca providing us with the following information:

  1. identification of the URL or other specific location on the Site where the material that you claim is infringing your copyright is located;
  2. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest in question;
  3. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that your provide is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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