1. Introduction

These are the terms of service (“Terms of Service”) for your use of services, goods, or features in connection with the website operated by Medik8 Canada Limited. d/b/a Medik8 (“Medik8", “we,” “us,” or “our”) namely ca.medik8.com (the “Site”) and any related website on sub-domains, extensions and locales that we own, and any related online platforms, social media, applications and software systems that we operate (together with the “Site”). 

These Terms of Service are applicable only to visitors, users, vendors, customers, merchants, and others, who currently reside in or select a shipping address in Canada or who access the Site from Canada (“you” or “your”).

As described in the Medik8 Privacy Policy, (the “Privacy Policy”), the Site is not directed to anyone under the age of 18. You may only use the Site if you are 18 years of age or older. If you are under the age of 18, your parent or legal guardian must agree to these Terms of Service on your behalf and you may register an account or shop on the Site with permission from your parent or legal guardian. 

DISPUTE RESOLUTION: FOR RESIDENTS OF CANADA, THE FOLLOWING TERMS APPLY. PLEASE READ CAREFULLY.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), this Agreement requires that disputes be resolved through individual arbitration rather than jury trials or class actions.

FOR RESIDENTS OF ONTARIO, QUEBEC, AND OTHER JURISDICTIONS WHERE MANDATORY ARBITRATION OR CLASS ACTION WAIVERS ARE UNENFORCEABLE BY LAW: The laws of your province will govern any disputes, and you maintain your right to resolve such disputes before the competent courts of your province of residence. To the extent permitted by law, any such proceeding will be conducted on an individual basis and not as a class, consolidated, or representative action.

2. Acceptance of these Terms of Service

BY CHECKING THE BOX INDICATING YOUR AGREEMENT ON THE CHECKOUT PAGE, SELECTING “CHECKOUT,” SETTING UP AN ACCOUNT ON THE SITE, OR OTHERWISE USING THE SITE OR EXPRESSLY CONSENTING TO THE TERMS OF SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE.

Please read these Terms of Service carefully. Please print and retain a copy for your records. We may, from time to time, modify these Terms of Service. When we make changes, we will post the revised Terms of Service on the Site. Your use of the Site following any such modification constitutes your agreement to the modified Terms of Service, except as otherwise provided. You should visit this page frequently to learn about any changes to these Terms of Service.

Where required by law, we will make reasonable efforts to provide at least 30 days’ notice prior to any material revisions taking effect, which will set out the text of the amended clause of these Terms of Service and the date the changes will come into force. You will then have a further 30 days after such entry into force to cease your use of the Site. What constitutes a material change will be determined at our sole discretion.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, OR ANY CHANGE THAT WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY STOP ACCESSING THE SITE AND DISCONTINUE USING THE SERVICES PROVIDED BY MEDIK8.

3. Acceptable Use of the Site

You are responsible for your use of the Site, and for any use of the Site through your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:

• violate any law or regulation;

• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

• send unsolicited or unauthorized advertising or commercial communications, such as spam;

• engage in spidering or harvesting, or participate in the use of software, including spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software designed to collect data from the Site;

• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

• stalk, harass, or harm another individual;

• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;

• use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;

• use any means to scrape or crawl any web pages contained in the Site, including for the purposes of developing, training, or operating any machine learning or artificial intelligence system, model, or algorithm, without our written consent;

• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;

• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

If you engage in the above-mentioned prohibited conduct or otherwise breach these Terms of Service, Medik8 may, at its sole discretion, send you one or more formal warnings, temporarily suspend your access to the Site or your account, block your access to the Site, permanently prohibit you from accessing the Site, permanently cancel your account and/or commence legal action against you pursuant to the Dispute Resolution and Arbitration Agreement below.

4. Intellectual Property Protection

Medik8® is a registered trademark of Medik8. Medik8 and other marks indicated on our Site are trademarks or registered trademarks of Medik8. All rights in such names are reserved.

• Trademark. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Medik8 or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Medik8 or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of Medik8 or any third party.

• Copyright. Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Medik8 or its third-party licensors to the full extent provided under the Copyright Act (Canada) and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Medik8 or any third party.

The Site and the information contained therein are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Service, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without the express written consent of Medik8 or its lawful successors and assigns.

5. User Profile Information and Communications

When you set up a user profile on the Site, Medik8 may require you to provide a password, a username, and other information such as your name, phone number, social media account details, user profile picture, before and after photos, and email address. You agree and represent that all of the information you provide to us is accurate and up-to-date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, assign, or sub-license your user profile to any third party without our prior written approval. You are responsible for and agree to notify Medik8 of any breach of security on your account, including any loss or compromise of your username and password information. Medik8 will not be liable for losses incurred as a result of an unauthorized use of a password, or user profile.

Any personal information that you provide to Medik8 will be collected, used, disclosed, or otherwise processed as described in the Privacy Policy. Please review our Privacy Policy to understand our privacy practices in relation to this Site.

When you use our Site, or send emails, text messages, chat messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the Site, 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. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

Any consent you provide to receive commercial electronic messages (marketing emails or texts) is separate from your agreement to these Terms of Service. You are not required to consent to marketing communications as a condition of purchase. You may withdraw your consent to receive marketing communications at any time by using the "unsubscribe" link provided in our messages.

6. User Content

The Site may invite you to upload, submit, store, or send content and data (“User Content”) such as your user profile picture, product photos, before and after photos, or through product reviews, contests, or sweepstakes. You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Site, you give us permission to reproduce and use your User Content as follows: You grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and our services) and to publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating, promoting, and improving the Site and promoting Medik8, and for other purposes that Medik8 may determine in its sole discretion, including for the purposes of sharing on social media operated by Medik8. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license will continue even after you stop using the Site.

You promise that you own all rights to your User Content or alternatively, that you have the right to give us the rights described above, and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

By submitting User Content, in addition to any other rights which may be granted in any other agreement entered into between you and Medik8 and if you provide such information or content to Medik8, you irrevocably grant Medik8 and its successors, assigns, and licensees, the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Site and hereby release Medik8 from any liability with respect thereto.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.

7. Payment

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Medik8 at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other interactions. If you choose to store your credit or debit card information for future use on the Site, we may update your credit or debit card information automatically based on information provided by the issuing bank or card brands.

8. Copyright Infringement Claims 

8.1 In accordance with the Copyright Act (Canada), Medik8 has adopted the following "Notice and Notice" procedure for claims of copyright infringement. This applies to all users accessing the Site from Canada or involving content hosted on our Canadian locale.

8.2 Notice of Claimed Infringement. If you believe that your work has been used in a way that constitutes copyright infringement, you may send a written notice of claimed infringement to our Designated Agent (listed below). To be valid under Canadian law, your notice must include:

• Your name and address;

•  A description of the copyrighted work that you claim has been infringed;

• (Your interest or right with respect to the work (e.g., you are the owner or authorized agent);

• The data allowing us to identify the material to which the infringement relates (e.g., the specific URL);

• A description of the alleged infringement; and

• The date and time of the alleged infringement.

8.3 Prohibited Content in Notices. Under the Copyright Act, a notice must not contain:

• An offer to settle the claimed infringement;

• A request or demand for payment or personal information in relation to the claimed infringement; or

• A reference to any such offer or request. Any notice containing these elements is invalid and will not be processed or forwarded.

8.4 Our Response to Valid Notices. Upon receipt of a valid notice, Medik8 will:

• As soon as feasible, forward an electronic copy of the notice to the user associated with the allegedly infringing material;

• Inform you (the claimant) once the notice has been forwarded; and

• Retain a record of the notice and the user's identity in an identifiable form for six (6) months from the date of the notice. If a court action is commenced, we will retain these records for one (1) year.

8.5 Designated Agent Contact. Please send all copyright notices to: Medik8 Privacy & IP Office c/o Medik8 Inc. 915 Broadway, Suite 1005, New York, NY 10010 Email: customercare (at) medik8.ca Subject Line: "Notice of Claimed Infringement - Canada"

9. License and Site Access

Medik8 grants you a limited, revocable, nontransferable, and nonexclusive license to access and make personal use of the Site but not to download (other than page caching) or modify the Site, or any portion of them, except with express written consent of Medik8. This license does not include any resale or commercial use of the Site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, including use by resellers or bulk purchasers, without express written consent of Medik8. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Medik8 and its affiliates without express written consent of Medik8. You may not use meta tags or any other hidden text using Medik8 name or trademarks without the express written consent of Medik8. Any unauthorized use will immediately terminate the permission or license granted by Medik8.

10. Risk of Loss

All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Medik8. Title to products purchased on the Site, as well as the risk of loss for such products, pass to you when Medik8 (or Medik8’s service providers, or vendors, or other third parties providing delivery services on behalf of Medik8) delivers these items to the carrier. 

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

11. Product Information and Order Acceptance

MEDIK8 ATTEMPTS TO BE ACCURATE IN DESCRIBING AND DEPICTING ITS PRODUCTS. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, DEPICTIONS, COLORS, DIMENSIONS, AVAILABILITY, OR OTHER CONTENT OR INFORMATION ON THE SITE ARE COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ALTHOUGH WE MAKE OUR BEST EFFORTS TO ENSURE THAT ANY LIST OF INGREDIENTS ON THE SITE IS ACCURATE, FOR THE COMPLETE LIST OF INGREDIENTS PLEASE REFER ONLY TO THE LIST PROVIDED ON THE PRODUCT PACKAGING AS WE MAY UPGRADE OUR PRODUCTS FROM TIME TO TIME OR THE INGREDIENTS MAY SLIGHTLY VARY FROM ONE REGION TO ANOTHER DEPENDING ON APPLICABLE LAWS. PLEASE READ THE PRODUCT PACKAGING PRIOR TO USING OUR PRODUCTS TO ENSURE THAT THE INGREDIENTS ARE SUITABLE AND MEET YOUR EXPECTATIONS. PLEASE ALSO FOLLOW ALL PRECAUTIONS AND DIRECTIONS BEFORE USING THE PRODUCTS. IF A PRODUCT OFFERED BY MEDIK8 OR THE EXPERIENCE OR EXPECTATIONS FOLLOWING USE OF THE PRODUCT IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT UNDER THE TERMS OF OUR RETURN POLICY.

Unless otherwise stated, the prices displayed at the Site are quoted in Canadian Dollars. Despite our best efforts, it is possible that items in our online catalog may be mispriced and pricing or other errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right, without prior notice, to correct pricing errors, limit the order quantity on any item and/or refuse services to any customer in accordance with applicable law. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.

Before you complete your purchase, the Site will provide a summary of your order, including the total price (with taxes and shipping), a description of the goods, estimated delivery date, and any additional charges. You will be given the opportunity to accept or decline the contract after reviewing this summary. 

Under applicable provincial consumer protection laws, if Medik8 fails to deliver the products within thirty (30) days of the estimated delivery date (or within 30 days of the order date if no date is specified), you may have the right to cancel your order and receive a full refund by providing written notice to us, provided that you have not yet accepted delivery of the goods.

12. No Medical Advice 

12.1 YOU UNDERSTAND AND AGREE that all material and information presented by Medik8, whether provided by us, other users, or third parties, is intended to be used for personal, educational, or informational purposes only.

12.2 Any statements made about products have not been evaluated by Health Canada unless expressly stated otherwise. Our products are intended for cosmetic use and are not intended to diagnose, treat, cure, or prevent any condition, disease, or abnormal physical state. All products must be used strictly in accordance with their instructions, precautions, and guidelines.

12.3 Use of the Site is not a substitute for professional medical advice, diagnosis, or treatment. You should always consult with a Canadian-licensed physician or qualified health care practitioner regarding the use of any goods, products, or information received from the Site, especially if you have pre-existing skin conditions or allergies.

12.4 Medik8 does not represent itself as a physician, dermatologist, or medical professional, and no such relationship is implied. We do not provide medical answers, and the Site does not replace any medical resource. If you believe you are experiencing an adverse reaction, discontinue use immediately and consult a healthcare professional.

12.5 IF YOU ARE IN NEED OF URGENT MEDICAL ATTENTION, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. For non-urgent health advice in most Canadian provinces, you may also dial 811 to speak with a registered nurse (where available).

12.6 Please note that Medik8's social media accounts may feature content not specifically targeted at the Canadian audience. You understand and agree that no information provided on Medik8's social media accounts—regardless of the jurisdiction of origin—constitutes medical advice or professional consultation.

13. Return Policy 

13.1  If you are unhappy with your purchase for any reason, you may return the product (at least half-full) within 30 days of purchase. A return shipping fee of $10 CAD will be deducted from your refund to cover administrative and logistical costs.

13.3 Exceptions for Defective Goods. The return shipping fee in Section 13.1 does not apply to items that are defective, damaged, or incorrectly shipped. In such cases, Medik8 will provide a pre-paid return label or a full refund including shipping costs, in accordance with provincial legal warranties.

13.4 Quebec Residents. For residents of Quebec, nothing in this policy limits your statutory rights under the Consumer Protection Act (CQLR C P-40.1), including your right to return goods at the merchant's expense if the merchant has failed to meet their legal obligations.

13.5 Kits. When returning a kit (including CSA kits), the entire set must be returned to qualify for a refund.

We reserve the right to amend or cancel this policy for future orders. For orders already placed, the policy in effect at the time of purchase will be honored as required by law.

Standard Return Policy. Any returned items must be unopened and unused and in the state you received them, and in their original packaging with any paperwork. Returns will be processed within two (2) to three (3) weeks of receiving them. If you request a refund, we will refund the purchase price and any applicable taxes to the credit or debit card or other payment method with which you made your initial purchase. Please note that the items purchased during a sale or from our sale page are not eligible for any return or exchange subject to your legal rights. We reserve the right to refuse any return that does not meet our return requirements (“Standard Return Policy”).

Nothing in this Section 13 limits your rights under applicable provincial laws regarding the legal warranty of quality and durability. If a product is defective or unfit for its intended purpose, you are entitled to the remedies provided by law, which may include repair, replacement, or a full refund without the deduction of a return shipping fee.

14. Accessibility

14.1 Medik8 is committed to providing a digitally accessible experience for everyone. We strive to identify, remove, and prevent barriers to ensure our products and services are available to all individuals, including those with disabilities.

14.2 We aim to design and maintain our Site in accordance with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) 2.2 Level AA standard. These guidelines provide the technical benchmark for making web content perceivable, operable, understandable, and robust for all users.

14.3 We are committed to meeting the requirements of the Accessible Canada Act (ACA) and applicable provincial legislation, including the Accessibility for Ontarians with Disabilities Act (AODA).

14.4 We welcome your feedback on the accessibility of our Site. If you encounter any barriers please contact us via customercare (at) medik8.us

15. Dispute Resolution & Arbitration Agreement (“Arbitration Agreement”)

15.1 Mindful of the high cost of legal disputes, both you and Medik8 agree that any legal dispute between you and Medik8 arising out of a purchase, your use of the Site, or any Medik8 program shall be resolved through binding individual arbitration. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC AND ONTARIO), YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT. However, either party may bring an individual claim in a Canadian small claims court having jurisdiction, provided the claim remains individual and within that court's monetary limits.

15.2 Before initiating arbitration, the parties shall attempt in good faith to resolve the dispute informally. You must provide a written notice describing the facts and documentation to: Medik8 Legal Dept, 730 Centennial Park, Elstree, Hertfordshire, WD6 3SZ, UK. Medik8 will have 30 days to respond. This informal process is a "condition precedent" (a required first step) before any arbitration can be commenced.

15.3 You may opt out of this Arbitration Agreement within 30 days of your first purchase or account creation by emailing customercare (at) medik8.us with your name, address, and the words “Reject Arbitration.” Opting out of arbitration does not affect any other part of these Terms.

15.4 Arbitral Procedures and Costs 

(a) For residents of Canada, any arbitration shall be administered by a neutral Canadian arbitral body (such as ADR Chambers) pursuant to its Consumer Arbitration Rules. To the extent permitted by such rules, the arbitration shall be conducted via remote electronic means or teleconference.

(b) Each party will initially be responsible for its own attorneys’ fees and expenses, subject to any remedies a party may later be entitled to under applicable law. However, in all cases where required by applicable provincial or federal law, Medik8 will pay the arbitrator’s and arbitration fees. 

(c) If Medik8 is not required by applicable law to pay all of the arbitrator’s and/or arbitration fees, such fees will be apportioned between you and Medik8 in accordance with the arbitrator's rules and applicable law. In the event the arbitrator determines your claim to be frivolous or brought in bad faith, you may be required to reimburse Medik8 for any fees paid on your behalf.

15.5 To the maximum extent permitted by law, all disputes shall be resolved on an individual basis. YOU AND MEDIK8 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR ATTORNEY GENERAL PROCEEDING. If a court in your jurisdiction (such as Quebec) finds this class action waiver unenforceable, then the dispute must be litigated in a court of competent jurisdiction and not in arbitration.

15.6 For Canadian residents, this Arbitration Agreement and any related disputes shall be governed by the laws of the Province in which you reside and the federal laws of Canada applicable therein. This Agreement survives the termination of your relationship with Medik8.

16. Disclaimer of Warranties

16.1 YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

16.2 THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT (CQLR C P-40.1), DO NOT ALLOW CERTAIN EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

16.3 EXCEPT AS EXPRESSLY PROVIDED OTHERWISE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIK8 AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS RELATED TO:

• (A) MERCHANTABILITY OR MERCHANTABLE QUALITY;

• (B) FITNESS FOR A PARTICULAR PURPOSE;

• (C) NON-INFRINGEMENT; AND

• (D) THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

16.4 MEDIK8 MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE. WE ASSUME NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR DATA; (D) INTERRUPTION OF TRANSMISSION; OR (E) BUGS, VIRUSES, OR MALWARE TRANSMITTED THROUGH THE Site BY THIRD PARTIES.

16.5 ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

17. Limitation of Liability 

17.1 EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE QUEBEC CONSUMERS AS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1)), AND SUBJECT TO SECTION 17.2 BELOW, IN NO EVENT SHALL MEDIK8, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE.

17.2 THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES (SUCH AS BODILY OR MORAL INJURY) OR FOR THE CONSEQUENCES OF A MERCHANT'S OWN ACTS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL LEGAL RIGHTS.

17.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MEDIK8 FOR ALL CLAIMS RELATING TO THE SITE OR PRODUCTS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO MEDIK8 FOR THE PRODUCT GIVING RISE TO THE CLAIM; OR (B) $50.00 CAD.

17.4 WE ARE NOT RESPONSIBLE FOR DAMAGES RESULTING FROM HACKING, TAMPERING, OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT, EXCEPT WHERE SUCH ACCESS RESULTS DIRECTLY FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

17.5 WE RESERVE THE RIGHT TO DISCLOSE ANY INFORMATION AS NECESSARY TO COMPLY WITH APPLICABLE CANADIAN FEDERAL OR PROVINCIAL LAW, REGULATION, OR LEGAL PROCESS. YOU HOLD MEDIK8 HARMLESS FROM CLAIMS RESULTING FROM SUCH DISCLOSURES MADE IN GOOD FAITH COMPLIANCE WITH THE LAW.

17.6 WHILE THESE TERMS ARE TAILORED FOR CANADA, MEDIK8 MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE FOR USE IN ALL JURISDICTIONS. IF YOU ACCESS THE SITE FROM OUTSIDE CANADA, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

18. Indemnification

18.1 You agree to defend, indemnify, and hold harmless Medik8 and its Affiliates, and their respective directors, officers, employees, and agents, from and against any and all third-party claims, demands, liabilities, damages, losses, and expenses (including reasonable legal/attorney fees and costs) arising out of or in any way connected with:

• Your use or misuse of the Site;

• Any User Content you post or share;

• Your violation of these Terms of Service; or

• Your violation of any third-party rights, including intellectual property or privacy rights.

18.2 If you are a resident of Quebec, the indemnification in Section 18.1 does not apply to the extent that the claim or loss results from the gross negligence, willful misconduct, or intentional act of Medik8 or its representatives.

18.3 Medik8 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Medik8 in asserting any available defenses. You shall not settle any claim without the prior written consent of Medik8.

19. Waiver and Severability 

19.1 No failure or delay by Medik8 in exercising any right, power, or privilege under these Terms of Service shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. Any waiver by Medik8 must be in writing to be effective.

19.2  If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms of Service. The invalidity of such a provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

19.3 For residents of Quebec, if any provision is held to be unfair or prohibited under the Consumer Protection Act (Quebec) or the Civil Code of Quebec, such provision shall be deemed unwritten but shall not invalidate the remainder of the contract unless the contract cannot be maintained without the prohibited clause.

20. Assignment

These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Service without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

21. Admissibility

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

22. Language

Please note that both the English and French versions of these Terms have equal legal value. The French version of these Terms of Service is available by clicking the French language option at the top of the screen.  

Veuillez noter que les versions anglaise et française de ces conditions d’utilisation ont la même valeur juridique. La version française des conditions d’utilisation est accessible en cliquant sur l'option de langue française en haut de l'écran.

23. Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as the Privacy Policy. If the rules for Promotions conflict with these Terms of Service, the Promotion rules will be applicable to Promotions.

24. Cancellation or Suspension of the Site or Your Account

We may suspend, cancel, and/or edit your account details at any time at our sole discretion and without notice or explanation. You may cancel your account on our Site by logging in and using the account details feature or by making your request in writing.

Medik8 may discontinue the Site, including any feature or service offered through the Site, at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.

25. E - Gift Cards

We sell digital gift vouchers ("E-Gift Cards") subject to acceptance of these Terms of Service. E-Gift Cards are issued by Medik8 Canada Limited. and we are the sole obligor to the E-Gift Card owner distributed at www.ca.medik8.com. Our E-Gift Cards can only be used to purchase our products from www.ca.medik8.com by residents of Canada of legal age to make a purchase. 

Our E-Gift Cards cannot be:

i) returned or cancelled;

ii) used for payment outside of ca.medik8.com;

iii) redeemed for cash or vouchers, except where required by law (such as where the funds belonging to a Quebec consumer fall below $5.00);

iv) topped up or resold;  

v) transferred from one Medik8 account to another;

vi) purchased with coupons or promotional offers;

vii) used by any third party in connection any marketing, advertising, or other promotional activities; or

viii) used to buy other gift cards or similar stored value products.

E-Gift Card Delivery. Purchases of E-Gift Cards will be confirmed by email to the email address notified to us at the time of purchase once the transaction has been processed. The email will set out the value of the E-Gift Card, its expiry date and will contain a link to the unique code required to use the E-Gift Card at checkout in order to redeem the E-Gift Card. E-Gift Cards can be forwarded to the intended recipient by email but will be delivered to the email address as notified to us during the purchase process. You must alert the recipient of the E-Gift Card to these Terms of Service. Purchases made using the E-Gift Card will be subject to the Terms of Service current at the time the purchase is made.

E-Gift Card payment failure. If for any reason payment is not made by your bank or card company for the initial purchase of the E-Gift Card or there is any charge back requested by you the E-Gift Card and its value will be cancelled.

E-Gift Card Value. The value of any purchases made using the E-Gift Card will be deducted from the value on the E-Gift Card. Any remaining balance can be used for future purchases. You can check the balance on any E-Gift Card by using the link in the email which you receive to activate the E-Gift Card. 

E-Gift Cards Expiry / Fees / Purchase Limits. Our E-Gift Cards do not expire and there are no fees for their use. If a purchase exceeds your balance, the remaining amount must be paid by a credit or debit card or other payment method accepted by us. The maximum value that can be associated with any one E-Gift Card is $2,000 and total purchases by any one individual may not exceed $10,000 per day. 

Refunds. If any purchase made using an E-Gift Card is cancelled in accordance with any applicable refund policy and the total purchase price has been paid using an E-Gift Card, any refund will be applied to that E-Gift Card. Where that price has been paid using an E-Gift Card and a credit or debit card the refund will be applied to the E-Gift Card and the relevant payment card on a pro-rata basis to the amounts paid using those differing methods. 

Lost or Stolen Gift Cards. E-Gift Cards have cash value and should be safeguarded accordingly. The recipient of an E-Gift Card is responsible for its safekeeping and proper use. We do not accept responsibility for any E-Gift Card which is undeliverable, sent to an incorrect email address or which is lost, stolen or deleted. Ownership and risk of loss of our E-Gift Cards passes to you as soon as we send it. It is your responsibility to provide a correct email address. If you suspect that someone has stolen your E-Gift Card, contact customer services immediately. 

Privacy. When using an E-Gift Card to purchase any products certain personal information will need to be provided during the ordering process. Any personal data that is provided during the purchase process or in connection with the use of an E-Gift Card may be stored in our database. Please see our Privacy Policy which governs how we collect, store, use and process these various kinds of personal data.

Failed Delivery. From time to time E-Gift Cards can get caught up in spam filters and the recipient should make sure that they check these filters. We do not accept responsibility for any E-Gift Card that cannot be delivered to the email address which you supplied to us due to spam filters, firewalls or other security measures operating on the relevant computer systems or devices, the capacity of their mailbox or any other reason outside our control.

Limitation of Liability & Warranties. 

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE QUEBEC CONSUMERS AS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1)):

• THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS, OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT PERMITTED BY LAW, MEDIK8 DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

• If an E-Gift Card code is non-functional, your primary remedy is the replacement of such E-Gift Card. However, if a replacement is not feasible or if the failure is due to our gross negligence, you may be entitled to additional remedies provided under your provincial consumer protection legislation.

• For consumers under Quebec’s Consumer Protection Act (CQLR C P-40.1), the limitations of liability in this section do not release Medik8 from the consequences of its own acts or the acts of its representatives, nor do they limit your rights regarding the legal warranty of quality provided under the Civil Code of Québec and the Consumer Protection Act.

• In accordance with Canadian provincial laws, Medik8 E-Gift Cards do not expire and are not subject to any dormancy, inactivity, or service fees.

Violation of our Terms of Service. You agree to not use E-Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to Medik8, its affiliates or their customers. We reserve the right, without notice to you, to void E-Gift Cards (including a portion of your E-Gift Cards balance or particular E-Gift Cards purchase) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that an E-Gift Card is stolen, obtained by fraud, obtained used, or applied to a Medik8 account fraudulently, unlawfully, or otherwise in violation of these Terms of Service. 

E-Gift Cards Contact Information.  If you need assistance please contact us via the details set out below. Please have your order number and email address to hand.

26. Entire Agreement

These Terms of Service and the other agreements referred to herein constitute the sole and entire agreement between you and Medik8 with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

27. Contact Information

If you have any questions or comments about these Terms of Service, please feel free to contact us at: 

Email: customercare (at) medik8.ca

Address:
Medik8 Inc.

915 Broadway

Suite 1005

New York, NY 

10010