Legal Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS DISCLAIMERS, LIMITATIONS AND EXCLUSIONS.
These Terms and Conditions govern the relationship between you and Boost Health. ("Boost Health") with respect to your purchase of any products made available on or through our website www.boost-health.ca (the "Products").
You agree that the agreement formed by these Terms and Conditions is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.
A minimum order policy is in effect. Orders below a minimum order value (before applicable taxes) are subject to a handling fee.
YOU ACKNOWLEDGE THAT THE DESCRIPTIONS OR CLAIMS OF ANY THIRD-PARTY PRODUCTS PUBLISHED ON THE SITE HAVE BEEN AUTHORED BY A THIRD PARTY. YOU UNDERSTAND THAT WE HAVE NOT TAKEN ANY STEPS WHATSOEVER TO VERIFY OR OTHERWISE VALIDATE THE ACCURACY, COMPLETENESS OR SUITABILITY OF ANY INFORMATION CONTAINED IN SUCH DESCRIPTIONS. ACCORDINGLY, WE WILL NOT COMMENT ON ANY MATTERS CONCERNING SUCH THIRD-PARTY PRODUCTS OR ACCEPT ANY LIABILITY RELATED TO THEIR PRODUCT CLAIMS OR PERFORMANCE. HOWEVER, BOOST HEALTH WILL ENDEAVOUR TO PROVIDE YOU THE APPLICABLE THIRD PARTY'S CONTACT INFORMATION FOR ANY SUCH PRODUCT UPON REQUEST.
Orders that are shipped FOB destination, pre-paid via common carrier, will be shipped in accordance with scheduled dates of delivery agreed with you and via a mode of delivery to be selected at the sole discretion of Boost Health. Boost Health reserves the right to apply a shipment charge. Orders where a combination of freight rates apply (more than one freight rate applies between origin and destination) will be shipped FOB the first transfer point freight prepaid and collect beyond.
Any requests for proof of delivery may be subject to an applicable service charge if able to provide.
Any short shipments identified at the time of delivery must be noted on the consignee copy of the freight bill.
A Boost Health Canada. Customer Service Representative must be notified and provided with all detailed information within 48 hours of shipment receipt.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE SOLD OR OTHERWISE PROVIDED TO YOU ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS AND ERRORS" BASIS. BOOST HEALTH AND OUR AGENTS, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO ALL PRODUCTS. FOR THE AVOIDANCE OF DOUBT, BOOST HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY WHATSOEVER FOR ANY PRODUCTS OR PRODUCT CLAIMS: THE PURCHASE AND SUBSEQUENT USE OR RELIANCE OF ANY PRODUCTS IS DONE SOLELY AT YOUR RISK.
Notwithstanding the foregoing, some Products may be covered by warranties provided by the original third-party manufacturer. Such third-party warranties may vary from Product to Product. It is your responsibility to consult the applicable product documentation for specific warranty information. You acknowledge that such third-party warranties may be limited or voided if unauthorized persons perform support service on the product covered. It is your responsibility to ensure that any third-party warranties are acceptable to you prior to purchasing any Product. Boost Health does not take responsibility for third party warranties.
IN NO EVENT SHALL BOOST HEALTH, OUR FRANCHISEES, AND EACH OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, ANTICIPATED SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, SERVICE INTERRUPTION, OR COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS AND CONDITIONS; AND/OR (II) YOUR USE OF OR RELIANCE UPON ANY PRODUCT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
TO THE EXTENT THAT OUR LIABILITY HAS NOT BEEN EXCLUDED OR LIMITED UNDER THESE TERMS AND CONDITIONS, BOOST HEALTH’S TOTAL MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS AND CONDITIONS, AND/OR (II) YOUR USE OF OR RELIANCE UPON ANY PRODUCT, WHETHER SUCH LIABILITY ARISES OUT OF OR RELATES TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY ($50.00)DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR CERTAIN LIMITATION OR EXCLUSION OF LIABILITY. IN ANY SUCH INSTANCE, THE ABOVE LIMITATION OR EXCLUSION SHALL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
These Terms and Conditions are confidential to Boost Health and you, and are not to be disseminated, distributed or otherwise conveyed to third persons, other than those officials (including independent auditors) and employees of the parties whose duties require knowledge thereof, without the express written consent of the other party, except in the pursuit of legal redress in the course of law or the direction of any competent legal authority.
If you need to contact us regarding your purchase of any Products, please e-mail us at [email protected] ; or call us at 1.855.250.9555. You can also contact us at the following address:
660 Bedford highway unit 4
Halifax, NS, B3M 2L8
Attention: Customer Care
Some products offered in the employee purchase program may include English only labels and instructions. Should you choose to purchase items from this program, you acknowledge and accept that the product may only contain unilingual labels and instructions.
These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Nova Scotia, Canada, without regards to its principles of conflicts of law.