Terms of Use
Last Updated: March 25, 2024
1. Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and Quexylanoz ("Company," "we," "us," or "our") governing your access to and use of the website located at https://quexylanoz.world (the "Website"), as well as any related services, content, and functionality offered on or through the Website.
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website.
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Website after such modifications constitutes your acceptance of the updated Terms.
2. Eligibility
By using the Website, you represent and warrant that:
- You are at least 18 years of age or the age of majority in your jurisdiction
- You have the legal capacity to enter into a binding contract
- You are not prohibited from using the Website under the laws of Canada or any other applicable jurisdiction
- All information you provide to us is accurate, current, and complete
- You will maintain the accuracy of such information and promptly update it as necessary
If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. Use of the Website
3.1 License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for your personal, non-commercial use.
3.2 Restrictions
You agree not to:
- Use the Website for any illegal purpose or in violation of any local, state, national, or international law
- Violate or encourage others to violate the rights of third parties, including intellectual property rights
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate
- Distribute viruses, malware, or other harmful computer code through the Website
- Interfere with the security or integrity of the Website or attempt to gain unauthorized access to the Website or its related systems or networks
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website
- Modify, adapt, translate, or create derivative works based on the Website
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on the Website
- Use the Website to transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation
- Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
- Collect or harvest any personally identifiable information from the Website without consent
4. Products and Services
4.1 Product Information
We strive to provide accurate and up-to-date information about our products on the Website. However, we do not warrant that product descriptions, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
4.2 Dietary Supplements
The products offered on our Website are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. These statements have not been evaluated by Health Canada or the Food and Drug Administration. Our products are not medicines and are sold without a prescription.
You should consult with a qualified healthcare professional before using any dietary supplement, especially if you:
- Have any pre-existing medical conditions
- Are taking any medications
- Are pregnant or nursing
- Are under 18 years of age
4.3 Individual Results
All results from using our products are strictly individual and depend on various factors, including but not limited to your body's characteristics, lifestyle, diet, exercise habits, and overall health. We make no guarantees regarding the results you may experience from using our products.
4.4 Pricing and Availability
All prices displayed on the Website are in Canadian dollars unless otherwise stated. We reserve the right to change prices at any time without prior notice. Product availability is subject to change, and we cannot guarantee that products will always be in stock.
5. Orders and Payment
5.1 Order Acceptance
Your submission of an order through the Website constitutes an offer to purchase the products specified in your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent activity.
We will send you an order confirmation email after you place your order. This confirmation does not constitute our acceptance of your order. We reserve the right to cancel any order after confirmation has been sent.
5.2 Payment
Payment must be made at the time of order placement using one of the payment methods accepted on the Website. You represent and warrant that you have the legal right to use any payment method you provide to us. You authorize us to charge the payment method you provide for the total amount of your order, including applicable taxes and shipping fees.
5.3 Payment Processing
We use third-party payment processors to process payments. Your payment information is transmitted directly to these processors and is not stored on our servers. By providing payment information, you agree to the terms and privacy policies of our payment processors.
6. Shipping and Delivery
We ship products to addresses within Canada. Shipping times and costs vary depending on your location and the shipping method selected. We will provide estimated delivery times at checkout, but these are estimates only and not guaranteed delivery dates.
Risk of loss and title for products purchased from us pass to you upon delivery to the shipping carrier. We are not responsible for delays caused by shipping carriers or circumstances beyond our control, including but not limited to weather conditions, natural disasters, or customs delays.
You are responsible for providing accurate shipping information. We are not liable for orders shipped to incorrect addresses provided by you.
7. Returns and Refunds
Our return and refund policy is set forth in our Return Policy, which is incorporated into these Terms by reference. Please review our Return Policy carefully before making a purchase.
8. Intellectual Property Rights
8.1 Ownership
The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement, are owned by Quexylanoz, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Quexylanoz or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
8.3 Restrictions
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use
9. User Submissions
The Website may allow you to submit reviews, comments, feedback, or other content ("User Submissions"). By submitting User Submissions, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Submissions in any media.
You represent and warrant that:
- You own or control all rights to your User Submissions
- Your User Submissions do not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity
- Your User Submissions do not contain any defamatory, libelous, offensive, or otherwise unlawful material
We reserve the right to remove any User Submissions that violate these Terms or that we deem inappropriate for any reason, in our sole discretion.
10. Third-Party Links and Content
The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
11. Disclaimers
11.1 Website Provided "As Is"
THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11.2 No Medical Advice
THE INFORMATION PROVIDED ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION ON THE WEBSITE FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM OR FOR PRESCRIPTION OF ANY MEDICATION OR OTHER TREATMENT.
11.3 No Guarantees
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUEXYLANOZ, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE
- ANY CONTENT OBTAINED FROM THE WEBSITE
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX MONTHS, OR, IF GREATER, ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to defend, indemnify, and hold harmless Quexylanoz, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Website
- Your violation of any rights of another person or entity
- Your User Submissions
14. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to these Terms or the Website shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
You agree that any legal action or proceeding between you and Quexylanoz for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in the courts located in Vancouver, British Columbia, Canada. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.
15. Dispute Resolution
15.1 Informal Resolution
If you have any dispute with us, you agree to first contact us at message@quexylanoz.world and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.
15.2 Arbitration
If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Website will be resolved through binding arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada. The arbitration will be conducted in Vancouver, British Columbia, in English. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction.
15.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
16. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
18. Waiver
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Entire Agreement
These Terms, together with our Privacy Policy, Cookies Policy, and Return Policy, constitute the entire agreement between you and Quexylanoz regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
20. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
21. Contact Information
If you have any questions about these Terms, please contact us:
Quexylanoz
1055 Dunsmuir St
Vancouver, BC V7X 1K8
Canada
Phone: +1 604-331-3464
Email: message@quexylanoz.world
22. Language
These Terms are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.