Terms and Conditions
These terms and conditions (“the Terms”) govern users (“you” or “your”) use of the websites located at www.neubourghealth.shop, www.podoexpert.com and www.onyfix.com (“the Websites”) and your relationship with Phoenix Medical Direct. (“pmd”).
1. AGREEMENT
By using the Websites, you agree to be bound by these Terms.
2. AMENDMENTS
pmd reserves the right to amend and update these Terms from time to time. The changes will apply to the use of the Websites after you have been notified. If you do not wish to accept the new Terms, you should not continue to use the Websites. If you continue to use the Websites after the date on which the change comes into effect, your use of the Websites indicates your agreement to be bound by the amended Terms.
3. REGISTRATION
You warrant that the information which you are required to provide when you register is true, accurate, current and complete in all respects. You will notify us immediately of any changes to such information by e-mailing, calling or mailing our customer service department at:
Email: [email protected]
Phone: (416) 613-5484
Mail: Phoenix Medical Direct
9040 Leslie St. Richmond Hill, ON L4B 3L8
4. PRIVACY POLICY
We will treat all your personal information as confidential and will only use such information in accordance with our Privacy Policy. Please visit our Privacy Policy page for more details.
5. PROTECTING YOUR SECURITY
pmd employs safeguards to secure the information contained on and collected through the websites. Personal information and other confidential business information submitted through the Websites is subject to secure encryption technology to help protect it and to facilitate its arrival at our servers unread and unaltered. However, you should be aware that such information could be intercepted over the Internet. Neither pmd nor its employees, agents or contractors are responsible for interception, collection, use or alteration of such information transferred over the Internet by email or otherwise.
6. THIRD PARTY LINKS
As a convenience to our customers, the Websites may include links to other websites or material which is beyond our control. We are not responsible for such websites or material, nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
7. ORDERS
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we specifically notify you.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
8. DELIVERY AND DELIVERY TIMES
Our goods are shipped at the risk and expense of the purchaser. Operational disruptions, lack of raw materials, transport difficulties or other unforeseeable events, force majeure, action by official bodies, etc. release us from our delivery obligations for the duration of the disruption. Should doubts arise with regard to the creditworthiness of the purchaser, we reserve our right to demand additional security or recall the delivered goods and to withhold any outstanding deliveries. We endeavor to deliver within the specified delivery times; however, no claims of any kind can be made by the purchaser on the grounds of late delivery. Partial deliveries are regarded as belonging to a single order in accordance with our conditions of delivery and payment.
9. NOTICES OF DEFECTS
Notices of defects can only be taken into consideration if these are submitted in writing immediately or at the latest within 3 days of the receipt of goods. Returned goods can only be processed if the invoice date, invoice number and customer information are provided. The nature and scope of the defects must be stated. Please refer to our Shipping & Returns page for details on how to return a product.
10. RESERVATION OF OWNERSHIP
Goods supplied by us remain our property until the purchaser has paid the total amount due for the goods. In the event of terms and credit extended to a purchaser, the purchaser is permitted to sell goods intended for resale in the context of regular business operations. Sales in connection with the sale of a business as a whole or as a lease are not regarded as a sale in connection with regular business operations and require our authorization. Upon request, the purchaser may be obliged at any time to provide us with information on the whereabouts of the goods supplied under reservation of ownership and on the receivables from resale.
11. COMPLIMENTARY GOODS
Complimentary or other goods that are provided by us and are labelled as or intended to be “not for resale” ‒ particularly testers, samples, trial sizes, demo kits, training sets and goods for use in clinics, therapeutic practices, salons or other such related businesses ‒ may not be sold to third parties. The “not for resale”, “demo/training kit” and other similar labels on these products may not be removed or concealed.
12. ELIGIBILITY TO PURCHASE
Given the nature of our products we strive to ensure that the products are only used in a targeted manner in accordance with each consumer’s specific wellness requirements. As a result, we can only sell our products to qualified professionals within the industry who are authorized to use or resell these products appropriately. End-users looking to obtain services or products related to the goods on this website must contact an authorized clinic or business near them. Any accounts opened with neubourg healthcare Inc. must go through an approval process to confirm the necessary business credentials and/or professional qualification.
13. PRICING AND PAYMENT
All prices are non-binding. In the case of goods that can be supplied promptly, our invoice also serves as an order confirmation and shipping notice. Prices valid on the order date apply. All prices are subject to any applicable sales taxes and are subject to change without notice.
Please familiarize yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms.
All prices are in Canadian (CAN$) dollars.
14. PLACE OF PERFORMANCE
The place of performance for obligations arising from this contractual relationship for both parties is: Phoenix Medical Direct., 9040 Leslie St. Richmond Hill, ON L4B 3L8
15. LIMITATION OF LIABILITY
The Websites are provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
We will not be responsible for any errors or omissions or for the results obtained from the use of information posted on the Websites or for any technical problems you may experience with the Websites. If we are informed of any inaccuracies in the material on the Websites, we will attempt to correct this as soon as we reasonably can.
IN PARTICULAR, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITIES IN CONNECTION WITH THE INCOMPATIBILITY OF THE WEBSITES WITH ANY OF YOUR EQUIPMENT, SOFTWARE OR TELECOMMUNICATIONS LINKS; TECHNICAL PROBLEMS INCLUDING ERRORS OR INTERRUPTIONS OF THE WEBSITES; UNSUITABILITY, UNRELIABILITY OR INACCURACY OF THE WEBSITES; AND FAILURE OF THE WEBSITES TO MEET YOUR REQUIREMENTS.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, BOTH OF WHICH TERMS INCLUDE, WITHOUT LIMITATION, PURE ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, WASTED EXPENDITURE, LOSS OF PRIVACY AND LOSS OF DATA OR ANY OTHER INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE USE OF THE WEBSITES.
16. INDEMNIFICATION
You agree to indemnify pmd and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, licensees, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable legal fees, charged by a third party as a result of or arising out of your violation of these terms or your violation of any law or the rights of a third party.
17. SEVERANCE
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
18. WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
19. ENTIRE AGREEMENT
These Terms form the entire basis of any agreement reached between you and us.
20. INTELLECTUAL PROPERTY
Our websites contain numerous trademarks as well as those of our affiliates or other companies consisting of words, graphics and logos. Your use of our websites does not give you any right or license to use such marks without the prior written permission of the trademark owner. Our websites are also protected by copyright laws. Copying, distribution, use or publication by you of any part of our websites is strictly prohibited. Your use of these websites does not confer to you any proprietary rights of any kind.
21. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein and any disputes will be decided only by the courts of the province of Ontario.
Each of the parties agree (i) any action or proceeding relating to a dispute under this Agreement shall be brought in any court of competent jurisdiction in the province of Ontario, and for that purpose irrevocably and unconditionally attorns and submits to the jurisdiction of such Ontario court; (ii) to irrevocably waive any right to and will not oppose any such Ontario action or proceeding on any jurisdictional basis, including forum non conveniens; and (iii) will not oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from an Ontario court as contemplated by this Section 11.2.
These conditions were last updated in July 2021.
A phoenix symbolizes birth, death, and rebirth, as well as eternity, strength, and renewal. The whole idea that this mythical bird is reborn from the ashes of the flames of death signifies a journey through fire or adversity.