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TERMS AND CONDITIONS OF USE
Thank you for visiting this website at www.ioSleep.com (the "Site"). ioSleep Inc. is a leading online retail store and information site for innovative solutions for sleep disorders. The Site is operated and designed by us, ioSleep Inc., ("we" and "us") a company with limited liability situated in and vested under the laws of the Ontario, Canada, to provide a convenient, private and informative shopping experience for consumers to purchase sleep disorder products and related products 24 hours a day, 7 days a week. We currently offer Provent Therapy Nasal Devices along with a wealth of information designed to help consumers make educated purchasing decisions. We want you to have a safe, pleasurable visit, so we have established the following general terms and conditions so that we (we and you) know what to expect from each other.
YOUR ACCOUNT OBLIGATIONS
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. You are prohibited from posting on or transmitting through the Site, either directly or indirectly through a third party, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site unless you first obtain our express written consent to do so. You 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.
VALID PRESCRIPTION REQUIRED
You hereby certify that you have a valid prescription for Provent Therapy that you order. You represent and warrant to us by placing an order for Provent Therapy that the information you enter into the Site is valid and true and matches exactly your prescription as provided by your Physician. You understand that we will not fulfill your order for Provent Therapy unless you have a valid prescription. You hereby consent to our contacting your Physician, if necessary, to verify your prescription information and any other necessary information.
COLOUR AND PRODUCT DESCRIPTION
We have made every effort to display as accurately as possible the colours of our products that appear at the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. We have attempted to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Deliveries will be made as soon as possible to the address on your order and are "best effort" based. Subject to delays outside our control, the overall delivery period will not exceed 30 days. When you purchase merchandise from the site, you must select a carrier to ship your merchandise. We will then, as your agent, contact the carrier on your behalf. You assume all responsibility of any goods F.O.B. Upon pickup of the merchandise by your selected carrier from our shipping centre, risk of loss is transferred from us to you at this point. We collect a Handling and Insurance Fee from you at the time of sale to cover your risk of loss insurance.
You may return any products ordered by you and cancel the agreement without stating any reason for doing so, such within seven (7) working days following the confirmation of your order ("the Return Period"). If you return the products you are obliged to comply with the requirement of our Returns Policy (below). You must return all the products in the resalable packaging provided with them. Between the date of your election to withdraw and the date the product is returned by you to us you shall bear all risk in keeping the products safe, secure, and free from loss or damage.
We will issue a full refund or replacement of goods in all instances where:
- Provent Therapy nasal devices supplied are damaged; and
- the products you have ordered are returned to us as undeliverable by the postal service.
- product is returned within 30 days of purchase.
In all instances (save returns to us as undeliverable) you should contact our customer services to request a return and the relevant return address. A refund or replacement will be issued to you following their receipt at that address within 30 days of that date. If goods are returned as undeliverable, you will be contacted by email for confirmation of the delivery address. If no reply is received within a reasonable period and in any event within 30 days of the return of the goods, then a refund will be made within 30 days of that date. We shall pay the postal charge for goods returned under this article. You do not need to pay anything. We may refuse to accept future orders from those who have made previous unsubstantiated claims for non-delivery of goods. Refunds will be limited to the maximum value of the original order, including delivery charges and will only be issued against the same credit or debit card account as supplied to pay for the goods. We reserve the right to proportionately reduce the level of the refund if only some of the original quantity of Provent Therapy or related products is returned, or if it is clear that some of the products have been used. In the case of goods returned under your 'cooling off' right, these must be returned undamaged and unused to qualify for a refund (no open packages).
SHIPPING AND PAYMENT
When you place your order, you can choose your shipping method. Our priority shipper Purolator can take up to approximately 5 business days. IF YOU CHOOSE ANOTHER CARRIER WE CANNOT GUARANTEE THE SAME COST OR DELIVERY TIME PERIOD.
On this site, including these Terms and Conditions, when we use the phrase "free shipping and handling", we mean that the shipping and handling fee is included in the sale price of the merchandise sold. In such case, there is no additional shipping and handling cost to you. You assume all responsibility of any goods F.O.B (ie. upon pickup by your selected carrier). We accept the following forms of payment: Visa, Mastercard, or Interac. Payments can be made online or by phone.
We may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
These terms are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease your use of the Site. Subject to applicable law, 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 or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
By ordering products from this Site, you understand and agree that you are entering into a contract directly with ioSleep Inc. in Ontario, Canada and that your order is being accepted by ioSleep Inc. in Ontario, Canada. You further understand and agree that in all circumstances relating to or arising from the use of the Site and/or from any agreement between you and Canadian law shall govern the agreement. Any disputes relating to or arising from the use of the Site and/or from any agreement between you and us will only be submitted to the competent court in the province of Ontario. We cannot make representations that any product referred to on the Site is appropriate for use, or available, in every country in the World.
INTELLECTUAL PROPERTY POLICY
Because copying can harm rightful owners of IP rights we drafted the following IP Policy: You may not infringe any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by us unless the nature of the delivered product dictates otherwise. Use of the Site does not constitute a license to use in any way, any of the trademarks owned by us or our licensors, including but not limited to the words ioSleep and ioSleep Inc. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of us or our licensors, where applicable. Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use. Any other use of the Site including the reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from us is strictly prohibited. Last but not least: you may not create and/or publish your own database that features substantial parts of the Site without our prior written prior approval.
We respect the personal privacy of all users of the Site and will at all times seek to comply with Canada’s Personal Information Protection and Electronic Documents Act (P.I.P.E.D.A). The personal data we collect about our users shall be carefully and adequately processed. To process your order we will ask you for personal data when you register for a purchase (this will include your name, date of birth, e-mail and postal addresses and details of any prescription supplied to you by your sleep specialist or medical practitioner). You will need to give your consent before any processing takes place and your personal data will only be used for the purposes stated in these terms and conditions and or at the point of collection. We are committed to maintaining the highest standards of personal data protection and will not collect information about you without your consent. By providing your email address in conjunction with a purchase transaction you authorize ioSleep to communicate with you by email regarding this purchase transaction. This authorization applies regardless of whether the purchase transaction is finalized.
DISCLAIMERS ANDLIMITATION OF LIABILITY
The Site is provided "as is" and we exclude all warranties of any kind to the fullest extent permissible by applicable law and do not guarantee the accuracy or completeness of the Site or any information or content or that it is free of defects or viruses. For greater certainty, we expressly disclaim to the fullest extent permissible by applicable law any and all express or implied warranties of any kind, including without limitation warranties of title, merchantability, fitness for a particular purpose and non-infringement with respect to the Site and materials, content, services and products on this Site.
You agree that the Site, including the content, is provided free of charge. Neither we will be liable to you nor any person for any loss or damage of any kind which may arise from the unauthorized use of the Site and the use of any information contained within it. Furthermore we shall not be held liable for any information held on sites which may have links to or from the Site and which are not maintained and controlled by us. We will use reasonable endeavours to ensure that the Site is and stays fully operational. Due to the nature of the Internet, we cannot guarantee that the Site will be free from delays, interruptions or errors.
We take all reasonable efforts to ensure that information on the Site is correct, but we cannot give representations or warranties, express or implied, in relation to the accuracy or completeness of the said information. We take precautions to protect personal data collected through the Site but in the event that our system is infiltrated by unauthorized third parties we will not be liable for any resulting misuse of the personal data.
Any of our liability, whether in contract, tort (including but not limited to negligence), product liability or otherwise, resulting from your use of or visiting the Site, the delivery of defective products and/or services, will be limited to direct damages and up to the amount of the price stipulated for the items concerned. Liability for indirect or consequential damages or any other damages of any kind are in all circumstances excluded.
Without prejudice to the provisions set out above, we will not be liable in the event that the damage was caused by any intentional act or omission or gross negligence by you or your improper use of the Provent Therapy nasal devices and or related products sent to you.
The content contained in this Site is provided by us as a service to our customers. This Site does not contain information about all sleep disorders, nor does this Site contain all medical information that may be relevant to your sleep disorder needs. The information provided in this Site is only general health information, and is intended only to facilitate communication between you and your sleep specialist or general practitioner. This Site does not provide medical diagnosis for any individual and must not be used as a substitute for professional medical advice, diagnosis, treatment or care. All specific medical questions you may have about your specific medical condition, treatment, care, or diagnosis must be presented to your sleep specialist or general practitioner. You should never disregard medical advice or delay seeking professional advice because of any information contained in or related to this site. Except as expressly and unambiguously stated otherwise, we do not endorse, operate, control, or assume responsibility for any product, brand, method, treatment, information or service on this Site. The information, services, and products contained in this Site are provided "as is" without warranty of any kind, express or implied.
CAPACITY TO CONTRACT
This Site is designed for and intended for use by adults. Except as otherwise set out below, you represent to us by using this Site that you are of the legal age of majority in your province of residence and that you are duly authorized to use this Site and to enter into a contract with us. If you are under the legal age of majority in your province of residence, you may use this Site only with involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be fully responsible for their use of this Site. GENERAL
We reserve the right to make changes to the Site, policies and these general terms and conditions at any time. You will be subject to the general terms and conditions in force at the time that you use the Site or that you order goods from us. If any of these conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.
We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein. Thank you for visiting ioSleep.
Copyright © 2012 ioSleep Inc. All rights reserved. Any rights not expressly granted herein are hereby reserved.