TERMS AND CONDITIONS
TRANSCRANIAL INSTITUTE AND BIOPHYSICA ONLINE TERMS AND CONDITIONS AND PURCHASE POLICY
Please read the following Terms and Conditions carefully. The following rules (“Terms and Conditions”) govern the use of the website you are viewing (the “Site”) and any potential purchase you may make while using the Site. Unless otherwise expressly provided on the Site, if you would like to purchase TMS services or device offered on the Site, you understand and expressly agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing the Site. The Terms and Conditions shall supersede any subsequent terms and conditions included with any purchase order, whether or not such terms or conditions are signed by Transcranial Institute and Biophysica. (“Site”, “us”, or “our”). We reserve the right to change these Terms and Conditions.
NO MEDICAL ADVICE
This Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician with any question you have regarding a medical condition. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
Consult a healthcare practitioner for use beyond 12 weeks. Use for a minimum of 1 month to see beneficial effects.
Do not exceed recommended use.
CAUTION: Use only as directed. Consult your healthcare practitioner if symptoms persist or worse. Consult your healthcare practitioner prior to use if you are taking any medications or natural health products, if you have a serious medical condition, if symptoms persist or worsen or if you have diabetes, cardiovascular disease, ulcers, melanoma, or nervous disorder, Parkinson’s disease or any psychosis. Hypersensitivity/allergy has not been known to occur; however in case of unexplainable symptoms, discontinue use.
This product is not intended to directly diagnose, treat, cure or prevent any disease.
USE OF OUR WEBSITE
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purposes, including without limitation, in violation of any intellectual property or privacy laws. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your State or Province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms and Conditions regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any content, feature or product offered through our website.
PAYMENT METHODS AND BILLING
If you wish to purchase Products at the Site, please phone or email us. We currently accept Paypal, Interac, certified cheque, international money order, bank-to-bank wire transfer.
We do not accept returns for exchanges unless the item you purchased is defective. If you receive a defective item, please contact us by phone or email on the contact page of this website, with details of the product and the defect. You will need to send the item you consider defective to our address in Toronto.
Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a replacement as a result of the defect. If you are entitled to a replacement, we will replace the product.
Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to the product during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are not refundable. You will be responsible for the Shipping and Handling charges on the replacement item.
SHIPPING AND HANDLING
Delivery times are estimated and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. Unless there are exceptional circumstances, we will attempt to ship your order within one business day. Depending on shipping locations, Canadian orders may take between 2 – 7 business days. Business days means Monday to Friday, except holidays. Please note we do not ship on Saturdays and Sundays. We do not guarantee the delivery time, as they may vary due to carrier shipping practices, customs, delivery location or method of delivery.
While we always make reasonable attempts to ensure that you receive your produc promptly, we are not responsible for:
•Product delivered to incorrect addresses supplied by the sender.
•Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
•Product quality problems caused by improper handling by the recipient.
You can provide special delivery instructions by emailing us in writing.
For shipping within Canada, there is a flat rate based on where the item is being shipped.
Sales Tax is charged only in Canada, according to the Province or Territory to which the item is shipped.
Currently we ship anywhere in the World.
DAMAGED ITEMS IN TRANSPORT
If there is any damage to the package on delivery, contact us immediately by email. Please go to Contact page.
VERIFYING CUSTOMERS ADDRESS
We reserve the right to contact a customer via email to verify the accuracy of order information (including the customer’s correct name and address) that is needed to provide the customer with the information and/or product they requested. We also reserve the right to contact a customer via email to pass along special deals relating solely to the products we carry.
LIMITATION OF LIABILITY / INDEMNIFICATION
You agree to indemnify, defend and hold Transcranial Institute and Biophysica, its Directors, Officers, Managers, Employees or other Representatives harmless and not liable from any damages, liability, loss, claim and expense, including reasonable attorney’s fees, related to products sold or the operation, content or use of our sites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, whether in an action in contract or tort, related to our products or your access to, and use of, our site or any other hyper-linked third party web site even if we have been advised of, or are aware of, the possibility of such damages.
LIMITS ON PRODUCTS SOLD AND PRODUCTS FOR RESALE
Transcranial Institute and Biophysica reserve the right to prohibit sales to dealers if so chosen. The price indicated on our website is in US Dollars.
LINKS TO OTHER WEBSITES
The Site may contain links to other Web Sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
ERRORS AND OMISSIONS
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either expressed or implied with regards to information accessed from or via our website, including without limitation, all content and materials provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make our website available are free of viruses or other harmful components.
The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will we, or our affiliates, or their respective content or service provider, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us and our affiliates harmless, and our and their respective directors, officers, agents, contractors and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms and Conditions, or the posting or transmission of any material on or through the website by you., including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party propriety rights.
Any disputes arising out of or relating to the Terms and Conditions, or the product offered on our website, (actions or proceedings arising directly or indirectly out of this agreement, or use of the site or any samples or products obtained by you through such use), will be resolved in accordance with the laws of the Province of Ontario without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts in the City of Toronto, of the Province of Ontario, in the Country of Canada. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that is an inconvenient forum or an improper forum based on lack of venue. You irrevocably consent to the exclusive jurisdiction and venue of such courts.
This site is created and controlled by Biophysica Incorporated, an incorporated company in the Province of Ontario, Canada. As such, the laws of The Province of Ontario will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of law.
We make no representation that the content in our Site is appropriate for access outside of North America.
Currently, we sell and ship TMS Worldwide.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
If any provisions of the Terms and Conditions are held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.
The Statements on this website have not been evaluated by the Food and Drug Administration, Health Canada or any regulatory agency.