Terms of use
Updated Feb 20, 2020
THESE TERMS OF USE ARE SUBJECT TO THE CONSUMER PROTECTION ACT LOCATED AT PARAGRAPH 6 BELOW This website is owned and operated by Aggi Kozlowska Enterprises Inc. (“Aggi Kozlowska Enterprises”). The following terms and conditions (the “Terms of Use”) apply to your use and access to the websites www.aggikozlowska.com (and/or any sub-domains of www. aggikozlowska.com or www.agatahealth.com) including any content and services offered on or through the websites and any social media accounts operated by Aggi Kozlowska Enterprises (the “Websites”). These Terms of Use also apply to any individual who registers with us and purchases a product and/or service through the Websites (“Registered User”). By accessing or using the Websites, you agree to accept, comply with and be bound by these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use, including our Privacy Policy, please do not access or use the Websites.
1. AGE RESTRICTION
The Websites are intended for adults over the age of 16. Only individuals over the age of 16 may provide information to our Websites. Aggi Kozlowska Enterprises will not knowingly collect personally identifiable information from individuals under the age of 16. If you are under the age of 16, please do not provide any Personal Information or Personal Health Information (as defined in our Privacy Policy) to us. Aggi Kozlowska Enterprises may, at its sole discretion, require users under the age of 16 to obtain consent of a parent or legal guardian to view certain content, and certain content may be restricted to users over 16 years of age. Please let us know if you have reason to believe that an individual under the age of 16 has provided Personal Information or Personal Health Information to us and we will take steps to remove that information from our database.
2. MODIFICATIONS TO THE TERMS OF USE
Aggi Kozlowska Enterprises reserves the right to change these Terms of Use at any time without prior notice. Please review the Terms of Use regularly. Your continued access to or use of the Websites after any modification to the Terms and Use indicates your acceptance of these Terms of Use as modified.
3. PRIVACY
Any information that you provide to us through the Websites is subject to our Privacy Policy. Your privacy is important to us. By accessing and using the Websites, you are also bound by our Privacy Policy. Please review our Privacy Policy prior to using the Websites. We may transfer your information to third party service providers to assist us with carrying out purposes for which the information was collected, as provided in our Privacy Policy.
4. FEES AND PAYMENTS
If you are a Registered User to any of the Websites, you agree to provide Aggi Kozlowska Enterprises and/or the Websites with a valid credit card for payment of the product and/or service. Incidental charges related to using the Websites may be incurred by you, such as fees to access the Internet, data roaming etc. You agree that for any purchase on any of the Websites, you shall pay Aggi Kozlowska Enterprises and all applicable fees and taxes. You agree to provide complete and accurate credit card, billing and shipping information, and you must promptly notify us if your credit card is lost or stolen or if there is any breach of security with your credit card. Aggi Kozlowska Enterprises reserves the right, upon cancellation of a credit card, to charge any subsequent replacement card issued to you in the event your credit card is lost, stolen or there is a security breach. If Aggi Kozlowska Enterprises does not receive payment, you agree to pay all outstanding costs immediately upon request by Aggi Kozlowska Enterprises. The information you provide to make purchases (for example, credit card number, billing address, shipping address etc.) will be shared with payment processors, financial gateways and your credit card company to authorize credit card payments. This information may also be shared with necessary third parties to carry out the transaction. Registered Users can cancel their account with any of the Websites at anytime.
5. REGISTERED USER INFORMATION
The Websites may provide Registered Users with the ability to submit information and upload content. Any information that is uploaded and/or submitted to the Websites is available to everyone. You grant Aggi Kozlowska Enterprises an irrevocable, perpetual, royalty-free license to use, copy, distribute, transmit, publicly display, reproduce, perform, edit, modify, prepare derivative works of or incorporate into other works, any materials uploaded to the Websites, including, but not limited to, photos, information, videos, data, text etc. You represent and warrant that you are the lawful creator and owner of any materials uploaded on the Websites or have a valid license or consent from the lawful creator and owner to upload the materials on the Websites. Aggi Kozlowska Enterprises may, at its sole discretion and without any notice to you, modify, remove, edit or block your content from the Websites at any time. In addition to complying with these Terms of Use, you agree to use the Websites and materials on the Websites for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents. Potential users of the Websites, in any jurisdiction of the world whose laws would: (i) void these Terms of Use in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing the Websites illegal; are unauthorized to use the Websites. You agree not to use the Websites in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; (ii) is unlawful or harms Aggi Kozlowska Enterprises, its service providers or any other user of the Websites; or (iii) may be considered defamatory, discriminatory, threatening, obscene or otherwise malicious or harmful to any person or entity or in violation of these Terms. You agree not to use the information on the Websites to upload, distribute or post viruses, worms, spam or other similar communications, to interfere with or compromiser the security or integrity of the Websites, or conduct automated queries on the Websites. This license shall survive any termination of your use of the Websites, regardless whether you stop using the Websites or Aggi Kozlowska Enterprises terminates your access, in whole or in part, to the Websites.
6. E-COMMERCE Your Rights under the Consumer Protection Act, 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the product or service is available. You do not need to give the supplier a reason for cancelling during this 10-day period. In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). You have a legal right to cancel the Contract during the “cooling off” period set out below During the “cooling off” period if you decide that, for whatever reason, you no longer want the product or services that you have bought you may tell us that you want to cancel the Contract and obtain a refund. Your right to cancel the Contract starts from the date when the Contract is entered into (i.e., when the Confirmation E-mail is sent by us). If you have already received access to the product or service, you have a “cooling off” period of 10 days when you may cancel the Contract. This 10-day period starts to run the day after you receive access to the product or service; and Please contact us if you want to cancel the Contract. As soon as possible after you contact us to cancel the Contract (and, in any event, within 15 calendar days) we will refund the price of the product or service. Any refunds will be made on the credit card which you used to pay for the product or service. If you have already received the product, (for example, if the product has been delivered to you) you must return it to us as soon as possible. You have a legal duty to keep the product in your possession, to take reasonable care of it and not provide access to others.
7. DISCLAIMERS
a) NO MEDICAL, PSYCHOLOGICAL OR PROFESSIONAL ADVICE The information contained in the Websites is provided solely for educational and informational purposes and is not professional, psychological or medical advice or a substitute for a physician or a medical professional’s advice or opinion of any kind. You should seek appropriate medical professional advice on your particular issue. Always consult your doctor prior to beginning any physical activity or exercise.
b) LIMITATION OF LIABILITY By using the Websites, you acknowledge and agree that you are using the Websites at your own risk and liability. The information in the Websites may or may not reflect the most current medical developments. Aggi Kozlowska Enterprises is not liable for the accuracy or reliability of any information on the Websites for any purpose. Neither Aggi Kozlowska Enterprises or its employees or independent contractors will be held liable or responsible for any errors or omissions on the Websites that may result in any damage you may suffer as a result of relying upon the information on the Websites. Aggi Kozlowska Enterprises does not guarantee or warrant that the Websites or content on the Websites will be free from viruses or other harmful components.
IF THIS IS A MEDICAL EMERGENCY, PLEASE CALL EMERGENCY PERSONNEL (911) IMMEDIATELY TO GET PROMPT MEDICAL ATTENTION. MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED “AS IS” BY AGGI KOZLOWSKA ENTERPRISES INC. FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. AGGI KOZLOWSKA ENTERPRISES INC. DOES NOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. IN NO EVENT WILL AGGI KOZLOWSKA ENTERPRISES INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES IN CONNECTION WITH YOUR USE OF MATERIALS POSTED ON THE WEBSITES OR CONNECTIVITY TO OR FROM THE WEBSITES TO ANY OTHER WEBSITES, INCLUDING ANY CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE WEBSITES. THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY. You acknowledge and agree that these Terms of Use present a fair allocation of risk and liability, and that this Section is an essential part of the bargain between you and Aggi Kozlowska Enterprises, a controlling factor in setting any fees or other charges, and an inducement to the parties to enter into these Terms of Use.
c) NO GUARANTEES Aggi Kozlowska Enterprises does not guarantee results. You understand and agree that your success or failure will be the result of your own efforts, health situation and other circumstances beyond the control or knowledge of Aggi Kozlowska Enterprises.
8. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Aggi Kozlowska Enterprises and its employees and independent contractors, and their respective successors, heirs and assigns from and against any claim, liability, cost, expense, damage, deficiency, loss or obligation of any kind or nature (including, without limitation, reasonable attorney fees and other costs and expenses of litigation) based upon, arising out of, or otherwise relating to these Terms of Use, resulting form your breach or misuse of these Terms of Use and/or your violation of any or any third-party rights including any intellectual property right and/or privacy right.
9. INTELLECTUAL PROPERTY
The information, designs and content on the Websites, including, content, graphics, pictures, illustrations, software, artwork, video, sounds, names, words, titles, phrases, logos and trademarks displayed on the Websites are owned by Aggi Kozlowska Enterprises or their respective owners, and are protected by copyright, trademark, trade dress and other intellectual property laws. Nothing in these Terms of Use will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Aggi Kozlowska Enterprises or their respective owners. The information, designs and content on the Websites is protected both under Canadian laws and foreign laws. Any unauthorized use of the trademarks or intellectual property of Aggi Kozlowska Enterprises or of third parties is strictly prohibited. Aggi Kozlowska Enterprises reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under intellectual property laws, including trademark and copyright law. None of the information, designs and content may be copied or reproduced without Aggi Kozlowska Enterprises, or the respective owner’s express written consent.
10. NO UNLAWFUL OR PROHIBITED USE By using and accessing the Websites, you agree that you will not use the Websites or any content or information on the Websites for any unlawful or prohibited use without Aggi Kozlowska Enterprises’ prior written authorization. You agree that you will use the Websites for your own personal and non-commercial use. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any information or content or derivative work based on the Websites, in whole or in part, is strictly prohibited without Aggi Kozlowska Enterprises’ prior written authorization.
11. GOVERNING LAW These Terms of Use and all matters regarding your use of the Websites are governed by, and construed in accordance with, the laws and Courts of the Province of Ontario, Canada and the laws of Canada applicable in Ontario.
12. TERMINATION Aggi Kozlowska Enterprises may in its sole discretion, and without notice to you, terminate your access to the Websites, or any part of the Websites for any reason, without liability. If you are is in violation of these Terms of Use or the Privacy Policy, Aggi Kozlowska Enterprises will not provide notice of termination. Aggi Kozlowska Enterprises is not liable for any damages arising from such a termination. Following termination of your use of the Websites, these Terms of Use continue to survive. Upon Termination of your access to the Websites, or any part of the Websites, Aggi Kozlowska Enterprises retains the right to obtain any unpaid fees that are outstanding from your purchase of any product and/or service made through any of the Websites.
13. MISCELLANEOUS If any of the provisions in these Terms of Use are held to be unenforceable, invalid or void by a court of competent jurisdiction, such Terms of Use will be restricted or eliminated to the minimum extent necessary and the remaining provisions will otherwise remain in full force and effect. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use. These Terms of Use constitute the entire agreement between you and Aggi Kozlowska Enterprises relating to your use and access to the Websites. Any failure by Aggi Kozlowska Enterprises to take action or insist upon strict performance of any provision in these Terms of Use does not constitute a waiver by Aggi Kozlowska Enterprises of any provision or right. No waiver shall be effective unless it is made in writing. These Terms of Use will inure to the benefit of Aggi Kozlowska Enterprises’ successors, assigns, licensees and sublicensees.
14. CONTACT US If you have any questions or comments about the Websites, or any of the products or services offered by Aggi Kozlowska Enterprises, please feel free to contact us by email at clinic@agatahealth.com.