Last updated: December 16, 2015
Please read the following Terms carefully before using the Services. Bioflex and the web pages available at www.bioflexpersonal.com are operated by Meditech International Inc. (“Meditech”). The web page www.bioflexpersonal.com and all linked pages together form the “Site”. These Terms apply to any use of the Site and/or Services.
Changes to this Agreement
We may revise these Terms from time to time and the most current version will always be posted to our website. If a revision is, in our sole discretion, material we will notify you at the e-mail address you have most recently provided to us. By continuing to access or use the Site and Services, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.
General Use and Site License
The Site and Services are intended for use only by those individuals who are at least 19 years of age. If you are not 19 years of age or older, you are not authorized to use the Site and Services without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorised a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Site and/or Services by the minor and agree to supervise any activity or use of the Site and/or Services.
You are solely responsible for your interactions with other users of the Site and Services. We reserve the right, but are under no obligation, to monitor disputes between you and other users.
You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any user’s equipment, or for any data charges resulting from the use of this Site.
Rules for Purchases
Meditech sells products that have received market authorization through agencies such as Health Canada and electrical certification authorities. These Products are designed and authorized for use under the terms of explicit protocols. An insert with instructions for use (“IFU”) is included with each product. For purposes of user safety and efficacy, and in compliance with market authorization, it is important that all products be used as instructed. The use of any product for other than the intended and approved purpose, or in a manner inconsistent with its IFU, may result in its structural integrity being compromised and/or lead to device failure, which in turn may result in user injury, illness or death. Any product sold by Meditech must be used as intended and approved, and in a manner consistent with its related IFU. The purchaser of any product will indemnify Meditech for all liabilities and costs incurred as a result of any use inconsistent with the IFU, including legal expenses of defending any action.
With respect to any purchase made on or through the Site and/or Services, you agree that: (i) you will not use an invalid or unauthorised credit or debit card or other payment method; (ii) you are solely responsible for identifying and selecting the product you wish to purchase; (iii) your payment will be charged to the credit or debit card or other payment method you use through authorized payment partners; (iv) your purchase is subject to Meditech’s return policy, which can be viewed here; and (v) your purchase is subject to Meditech’s product warranties, which can be viewed here (the “BioFlex Warranties”).
Meditech reserves the right to reject, in its full discretion, any and all orders or purchases made on the Site.
You understand you will be responsible for paying all fees and applicable taxes associated with using the Services. You will be responsible for paying any duty, taxes, or brokerage fees applicable to the purchases that you make using the Services (“Taxes”).
The Site uses TD Merchant Online Mart (the “Payment Partner”) for all payment processing. Payment Partner’s applicable fees are included in the purchase price you pay.
Changes to Pricing Policy; Services
Meditech reserves the right to change its pricing policy and structures at any time and from time to time; such changes are effective when Meditech posts the same to the Site. Meditech may, in its sole discretion, change some or all of Services at any time. In the event Meditech introduces a new product or service, the pricing for that product or service is effective at the launch of the product or service.
Accurate Information; Registration and Passwords; URLs
In consideration of your use of the Site and Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Meditech has reasonable grounds to suspect that such information is inaccurate, Meditech may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
To access certain parts of the Site or Services, you may be required to open an online account with Meditech, in which case you will have to create a username and password and to provide registration information, including a valid e-mail address, name, phone number and address.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your credentials. You must notify Meditech immediately of any unauthorized use of your password or account or any other breach of security. Meditech assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party.
If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
You must immediately notify Meditech upon becoming aware of any unauthorized access or any other security breach to the Site or the Services and do everything possible to mitigate the unauthorized access or security breach (including preserving any evidence and notifying appropriate authorities). You are solely responsible for securing your password. Meditech will not be liable for any loss or damage arising from unauthorised access of your account resulting from the failure to secure your credentials.
As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Meditech. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
- in any way that breaches applicable privacy legislation, including, but not limited to the Ontario Personal Health Information Protection Act;
- in any way that is false, inaccurate or misleading;
- in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
- to collect and use product listings, descriptions or images;
- to abuse, harass, threaten, impersonate or intimidate any person;
- to post or transmit, or cause to be posted or transmitted, any Site content (“Content”) that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
- for any purpose (including posting or viewing content) that is not permitted under the laws of the jurisdiction in which you use the Services;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site or Services; to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser;
- to create or transmit unwanted ‘spam’ to any person or any URL;
- to violate or attempt to violate the security of the Site and/or Services;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- to promote or sell Content unless specifically authorized in writing by Meditech to do so;
- to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Meditech;
- to interfere with or attempt to interfere with the proper working of the Site and/or Services;
- to sell or otherwise transfer your account;
- to interfere in any way with the business of any other user of the Site; or
- in any other way that violates these Terms.
Meditech shall have the right, but no obligation, to monitor the content and your activities on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish.
We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, or to refuse any purchase orders that in Meditech’s sole discretion is inappropriate, objectionable or in violation of these Terms.
Meditech neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by Meditech, our employees, or a third party. Under no circumstances will Meditech be liable for any loss or damage of any kind caused by reliance on information obtained through the Site or Services. Neither Meditech nor any third party content provider shall assume or have any liability for any action or inaction by Meditech or any third party content provider with respect to any conduct, communication or posting on the Site and/or Services.
Identity / Know Your Customer
In the event you make a purchase on the Site, you authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity in connection with such purchase. You must, at our request, (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; (3) verify your information against third party databases or through other sources; or (4) provide copies of identification documents (such as your driver’s license).
We reserve the right to close, suspend, or limit access to your account, the Site or Services or to reject a purchase order in the event that we are unable to obtain or verify to our satisfaction the information which we request under this section.
Meditech may terminate or suspend any and all Services and/or your user account immediately, without prior notice or liability, including without limitation if you breach the Terms. Upon termination of your account, your licence will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your Meditech account, you may simply discontinue using the Site and/or Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
For greater certainty, any obligation on your part to pay a fee to Meditech or its Payment Partners pursuant to these Terms or any other agreement between you and Meditech shall survive termination or suspension, whether by you or Meditech. Any fee so payable will remain payable and your failure to pay such fee within a reasonable time shall be deemed to constitute a breach of your agreement with Meditech and may result in legal action. Furthermore, your failure to pay any such fee shall be a ground for termination of your account.
The Site and/or Services may provide, or third parties may provide, links to other websites or resources. Because Meditech has no control over such sites and resources, you acknowledge and agree that Meditech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Meditech shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Intellectual Property Rights
Unless you are advised otherwise, everything you see or read on the Site and/or Services is subject to copyright, trade mark or other forms of legal protection owned by or licensed by third parties to Meditech. Content may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of Meditech.
Images displayed on the Site and/or Services are either the property of, or used with permission by, Meditech. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of such images or other Content may violate the law.
The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. Meditech reserves the right to enforce its intellectual property rights where applicable.
Intellectual Property Complaints
Meditech will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Site or Services.
Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Meditech, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
In no event shall Meditech be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site, the Services or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) the amounts paid to MediTech by the entity claiming liability as against MediTech within the year immediately preceding the date on which such liability is alleged to have arisen.
Disclaimer of Warranties
EXCEPT AS SPECIFICALLY PROVIDED IN THE BIOFLEX WARRANTIES WITH RESPECT TO CERTAIN PRODUCTS AND/OR SERVICES OFFERED BY MEDITECH ON THE SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY MEDITECH ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDITECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES OR PRODUCTS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MEDITECH DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, MEDITECH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MEDITECH IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
BY USING SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, SERVICES, OR PRODUCTS ASSOCITAED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. MEDITECH DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF MEDITECH ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, MEDITECH DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND MEDITECH, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
The Security of the Site
Meditech maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Site, Meditech may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Meditech strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Meditech will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you visit the Site, use the Services or send emails to Meditech, you are communicating with us electronically. You consent to receive communications from Meditech electronically. Meditech may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Meditech provides to you electronically satisfy any legal requirement that such communications be in writing.
Site is for Use in Canada
Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and Meditech or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and Meditech, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you use a Payment Partner in order to make a payment, your use of that service is governed by their respective user agreements. TD Merchant Services Mart user agreement can be viewed here.
Resolution of Disputes
If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Meditech in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Meditech shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Meditech’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Meditech may transfer, assign or delegate the Terms and its rights and obligations without consent.
Any of these Terms which by its nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
Governing Law and Language
These Terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario.
All notices or other correspondence to Meditech under this Agreement must be sent to the following electronic mail address for such purpose:
Or to the following physical address:
Meditech International Inc.
411 Horner Avenue, Unit 1
Toronto, ON M8W 4W3
If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us.