TERMS OF USE

Last Updated: March 10, 2021

Welcome to VitalTracer https://vitaltracer.com/(the “Website”) which is owned and operated by VitalTracer Ltd.(“VitalTracer”/“we”/”us”). If you order our products through the Website or otherwise access and view content on the Website, you are accepting these Terms of Service which govern your use of the Websiteso please read them carefully.

GENERAL TERMS

1. Billing and Transaction Information

All information you provide through the Website, including payment information and transaction-related information, must be true and accurate. We will rely on the information you provide and will process your data in accordance with the terms of our Privacy Policy which you should review before submitting any personal information to us. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your transaction-related information and payment information as needed.

2. Copyright and Trade Mark Information

All content included on the Website, such as text, graphics, logos, is the property of VitalTracer Ltd. or its partners, affiliates and/or suppliers and is protected by Canadian and international copyright laws. Nothing contained on this Website should be construed as granting any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

3. Changes

We may alter, suspend, or discontinue this Website or any of our products sold on this Website may be changed at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. In addition, these Terms of Service may be amended or updated by us from time to time and the Terms may therefore have changed since your last visit to the Website. It is your responsibility to review these Terms of Service for any changes. Your use of the Website after any amendments or updates to these Terms of Service shall signify your acceptance of such revised terms. You should visit this page periodically to review these Terms of Service. The date of last update is set out at the top of this document.

4. Links to Third-Party Websites & Content

This Website may contain links to other websites that are not owned or controlled by us. We are not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website not operated by us does not imply that we endorse or accept any responsibility for the content or use of such websites.

5. Consult your Doctor.

Our products are not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before purchasing or using our products. If you experience a medical emergency, seek immediate consultation with a medical professional.

6. Limited Product Warranty

VitalTracer Ltd. warrants to the purchaser that our products, devices and accessories shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, limited to a one-time replacement per customer. To obtain warranty service, you must deliver your purchased product, in either its original packaging or packaging providing an equal degree of protection, to 529 Rue de Gaspé, Suite 308, Verdun, QC H3E 1E7, Canada. As may be required by applicable law, VitalTracer may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data or other materials you may have stored or preserved on the product. It is likely that such data or other materials will be lost or reformatted during warranty service, and VitalTracer Ltd. will not be responsible for any such loss. This limited product warranty does not apply to a product or part of a product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by VitalTracer Ltd., nor does it apply to any cosmetic damage such as scratches and dents. In addition, this limited product warranty does not apply to damage or defects caused by (a) use with non-VitalTracer products, services or software; (b) accident, abuse, misuse, mishandling or other external causes as determined in VitalTracer Ltd.’s absolute and sole discretion; (c) normal wear and tear or aging of the product such as discoloration or stretching; of wristband or (d) using the product otherwise than in accordance with instructions provided by VitalTracer.

7. DISCLAIMER.

THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” AND EXPECT FOR THE LIMITED WARRANTY ABOVE, THE PRODUCTS SOLD THROUGH THE WEBSITE ARE PROVIDED AN ‘AS IS’ ‘WHERE AS’ BASIS. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; INLCUDING FOR GREATER CERTAINTY THE ACCURACY OF ANY DATA COLLECTED AND PRESENTED THROUGH OUR PRODUCTS AND/OR SERVICES WHICH IS NOT INTENDED TO MATCH THAT OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES, (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR ANY EXPRESS WARRANTIES GIVEN HEREIN, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL VITALTRACER LTD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, PRODUCTS, OR SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF OUR SERVICES AND/OR PRODUCTS OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO VITALTRACER LTD, AS APPLICABLE.

9. Termination

We may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to breaches or violations of these Terms of Service, discontinuance or material modification to the Website (or any part thereof), unexpected technical, security or legal issues or problems.

10. Enforcement

If any part of these Terms of Service is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by us to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No waiver by us of any provision of these Terms of Service shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

11. Applicable Law

The laws of the Province of Ontario, and the federal laws of Canada will govern these Terms of Service without giving any effect to any principles of conflict of law.

12. No Trial by Jury

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY CLAIMS ARISING IN RELATION TO THE WEBSITE, ORDERS OR SERVICES OFFERED THROUGH THE WEBSITE.

II. PURCHASE TERMS
1. Product Descriptions All features, specifications, and prices of products offered on the Website are subject to change at any time without prior notice. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colors of the goods that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display the colour of the item you purchase.

2. Orders: We reserve the right to refuse service (including any order placed through the Website. In the event we need to make a change to or cancel an order, an attempt will be made to notify you by contacting the e-mail and/or billing address/phone number in your account which is currently on file at the time the order was made

3. Payment Info. All credit cards must be valid, authentic and you must be authorized to use them. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you. To purchase our products, you may either (i) make your payment directly into our bank account using a direct bank transfer, (ii) deliver a certified cheque either personally or by mail to 529 Rue de Gaspé, Suite 308, Verdun, QC H3E 1E7,
Canada or by other electronic means as instructed by us in our sole discretion, or (iii) provide valid credit card and billing information (“Billing Information”). In the event you choose to process your payment by direct bank transfer, please include your Order ID as the payment reference. For credit card transactions, VitalTracer uses Stripe as its third-party payment processor (“Payment Processor”) to process transactions. You authorize and direct VitalTracer Ltd. to transmit your Billing Information to third-party Payment Processors for such purpose. The Payment Processor’s terms of service and privacy policy will govern your relationship with the Payment Processor, and VitalTracer is not a party to your contractual agreement with the Payment Processor. YOU WAIVE AND RELEASE VITALTRACER LTD. FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OR ACCESS OF THE PAYMENT PROCESSOR.
4. Prices and Fees. Your credit card will be charged once you place an order for a product. Before your credit card is charged, an authorization will be obtained for the amount of your order.Unless otherwise stated, all fees are quoted in CAD Dollars.You are responsible for paying all fees and applicable taxes associated with goods you order with a valid payment method.
5. Taxes. Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges.

6. Refund Policy. We offer a thirty (30) day money back guarantee enabling you to return any purchased product to us and request a refund. Refunds are always subject to the returned product being provided with its original packaging and all components in saleable condition (to be determined in our sole discretion). To obtain your refund, you must deliver your purchased product, in either its original packaging or packaging providing an equal degree of protection, to 529 Rue de Gaspé, Suite 308, Verdun, QC H3E 1E7, Canada. As may be required by applicable law, VitalTracer may require you to furnish proof of purchase details and/or comply with other requirements before issuing your refund. We reserve the right to refuse to refund any product that does not meet all of the conditions above.

7. Shipping and Delivery. On average, items purchased will be queued up for shipment within seven (7) days of receiving your order for shipments within Canada and two (2) weeks of receiving your order for shipments outside of Canada. Please note that pre-orders for any of our products will require additional time to process and will be shipped within one to two months of receiving your pre-order.

8. Disputes Relating to Orders. If a dispute arises in relation to a purchase or order you have placed through the Website, our goal is to provide you with a cost effective means of resolving the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact us to seek a resolution, since most customer concerns can be resolved quickly and satisfactorily in this manner.

9.Info/Contact. If you have a complaint against us or need any additional information or support in using the Website, please contact us here: info@vitaltracer.com.