terms and conditions

Overview

This website is operated by Bio-Fit . Throughout the site, the terms “we”, “us”, “our”, and "Bio-Fit" refer to Bio-Fit. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. These terms and conditions apply to the Bio-Fit website located at www.bio-fit.ca and its subsidiaries and affiliates, including Bio-Fit sites around the world (collectively the “Site”) and other websites that expressly incorporate these Conditions ("Conditions"). In some instances, a particular Bio-Fit product purchased through the Site may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. BY VISITING AND/OR USING THIS SITE IN ANY WAY, SUCH AS BROWSING PRODUCTS AND SERVICES OR PLACING AN ORDER, YOU AGREE TO THESE TERMS AND CONDITIONS. Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Bio-Fit site.

Change of Terms

Bio-Fit may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Bio-Fit may give by any means, including, without limitation, by posting the revised Conditions on the Bio-Fit Site. You are responsible for reviewing the Bio-Fit Site for any modifications to these Conditions that may affect your rights or obligations. Any change or modification will be effective immediately upon posting the revisions on the Site. Any access or use by you of the Bio-Fit Site after changes to these Conditions will constitute your acceptance of the revised terms. If you do not agree to the amended terms, you must stop using the Site.

Content

The Site and all content and other materials, including, without limitation, text, icons, graphics, logos, images, designs, pictures, selection, coordination, "look and feel", information, data, sound files, and other files and software is the proprietary property of Bio-Fit or its affiliates, licensors or users and is protected by Canadian and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Bio-Fit Site is owned by or licensed to Bio-Fit. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. Nothing contained on the Bio-Fit Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Bio-Fit Site without the written permission of Bio-Fit or any third party that may own such trademarks or service marks. Bio-Fit will aggressively enforce its intellectual property rights to the fullest extent of the law.

Trademarks

Bio-Fit, the Bio-Fit logos and any other product or service name or slogan contained in our Site are trademarks of Bio-Fit and/or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bio-Fit or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Bio-Fit" or any other name, trademark, or product or service name of Bio-Fit  without our prior written permission. All other trademarks, registered trademarks, product names, and Bio-Fit names or logos mentioned in our Site are the property of their respective owners.

Use of the Site

You are granted a personal, limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site materials for your informational, non-commercial, and personal use only. Such license is subject to these Conditions and does not include: (a) any resale or commercial use of the Site or the Site materials therein; (b) the collection and use of any product listings, pictures, or descriptions for commercial purposes; (c) the distribution, public performance, or public display of any Site materials; (d) modifying or otherwise making any derivative uses of the Site and the Site materials, or any portion thereof; (e) use of any automated means to access, monitor, or interact with any portion of the Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site materials, or any information contained therein, except as expressly permitted on the Site; (g) causing to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or frames or inhibits the full display of the Site; (h) using the Site in any way that interferes with the normal operation of the Site; or (i) any use of the Site or the Site materials other than for its intended purpose. Any use of the Site or the Site materials other than as specifically authorized herein, without the prior written permission of Bio-Fit, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Information on Our Site

Bio-Fit is committed to providing current and accurate information on our websites, email, chat, and telephone communications. We do not, however, warrant that this information is always correct, accurate, or complete. In rare circumstances, data, including prices, may be inaccurately displayed on our Site due to system and typographical errors which may occur. Inadvertent errors or inaccurate advertised prices are not binding on Bio-Fit and may be adjusted by Bio-Fit at any time. Bio-Fit reserves the right to correct any and all errors when they do occur. If an order is placed with a lower product’s listed price than the actual price, Bio-Fit will, at its discretion, either advise the customer before shipping the product or cancel the order and notify the customer of such cancellation. Bio-Fit apologizes for any inconvenience that this may cause.

Passage of Title

The title for goods purchased passes from Bio-Fit to the purchaser’s designee at the time that goods are delivered to the designee.

Privacy

Please review our Privacy Policy, which also governs your visit to this site and for information on how Bio-Fit collects, uses, and discloses personally identifiable information (PII) from its customers.

Advertisements and Promotions

Bio-Fit may run advertisements and promotions from third parties on our website. These advertisements and promotions are conducted under the direction of the third party and Bio-Fit is not responsible or liable for any loss, damage, or liability incurred by you as a result of any dealings with the third-party provider or resulting from the presence of these unaffiliated third parties on our website. Any business transactions, correspondence with, participation in the promotions of advertisers other than Bio-Fit, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Social Media User Content

At times, Bio-Fit may reach out to social media users to seek their permission to feature our favorite content on our site, social channels, or in promotional materials. Bio-Fit may request permission from you to use your social media User Content consisting of photos, text, graphics, audio, video, comments, and other materials from social media sites, in connection with Bio-Fit business, product features, marketing, promotional, advertising, and other consumer-related activities.

Limitation of Liability

In no event shall Bio-Fit, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the Bio-Fit products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive, and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort (including negligence), or otherwise, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the Bio-Fit Site, or that results from the reliance by user on any information obtained from Bio-Fit, mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the Bio-Fit Site, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Bio-Fit programs or services, even if Bio-Fit is expressly advised of the possibility of such damages, or even if the loss, damage, or expense was caused by Bio-Fit, its directors, members, employees, affiliates, or agents. In no event shall Bio-Fit liability be greater than the price you paid for the product or service that is the basis for the claim.

Use of Facilities

All clients must adhere to Bio-Fit's facility rules and regulations, including hygiene protocols, equipment usage guidelines, and scheduled appointment times. Bio-Fit reserves the right to refuse service to anyone not complying with these rules.

Discounts and Coupon Codes

Links presenting discounted memberships are not to be shared nor sent to anyone. If a discounted link is sent to you, you may not share nor send this link to anyone else unless authorized by Bio-Fit representative. Furthermore, if you have received a discounted membership link, you are prohibited from purchasing any of the items displayed on that page unless authorized by a Bio-Fit representative. All unauthorized purchases will be revoked and cancelled, including all appointments.

Indemnification

You agree to defend, indemnify, and hold harmless Bio-Fit, its independent contractors, service providers and consultants, and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, expenses, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Bio-Fit Site or inability to use the Site, including without limitation any actual or threatened suit, demand, or claim made against Bio-Fit and/or its independent contractors, service providers, employees, directors, or consultants, arising out of or relating to the Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

Miscellaneous

These Conditions contain the entire understanding of you and Bio-Fit  with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Bio-Fit with respect to the subject matter hereof. The failure of Bio-Fit  at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Bio-Fit to thereafter enforce each and every provision of these Conditions. No waiver by Bio-Fit of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions or portion thereof is declared invalid or otherwise determined to be invalid, illegal, or unenforceable for any reason, the remaining portions of the applicable provision and these Conditions will not be affected or impaired and shall be considered valid and enforceable and therefore shall be enforced to the greatest extent allowed by law. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.

Concerning Products

Information that we communicate is not a binding contract, and should not be treated as such. The sole remedy of a customer acting on incorrect information is to request a cancellation of the order placed as a result of this incorrect information. If an order has been shipped, the customer agrees to either return the product for full credit or pay the difference between the actual and charged prices. Please review our Return Policies.

Bio-Fit  maintains a dynamic and high volume inventory. The stock availability on our website is listed "as is" and is subject to change. If a product in an order is out of stock, we will advise the customer immediately with possible options.

Contact Information

Should you have any questions regarding these Terms and Conditions or how we handle Personal Information, please reach out to us in the following ways:

Email: info@bio-fit.ca

Terms and Conditions last updated on January 21st, 2025.