Terms of Service

Agreement between User and https://nuvior.com

Welcome to https://nuvior.com. The https://nuvior.com website (the “Site”) is comprised of various web pages operated by NUVIOR Canada (“NUVIOR”). https://nuvior.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://nuvior.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://nuvior.com is an E-Commerce Site.

The Website is an e-commerce platform through which NUVIOR, a distributor of medical devices, technologies, and cosmetic products, provides customers with access to a variety of skincare and cosmetic products.

Privacy

Your use of https://nuvior.com is subject to NUVIOR’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://nuvior.com or sending emails to NUVIOR constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that NUVIOR is not responsible for third party access to your account that results from theft or misappropriation of your account. NUVIOR and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

NUVIOR does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://nuvior.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Except for any products designated on the Site as non-returnable, we will accept returns on products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fifteen (15) business days of shipment/delivery with valid proof of purchase and provided such products are returned in their original condition.

Refunds are processed within approximately seven (7) business days. Your refund will be credited back to the same payment method used to make the original purchase on the website. For products that expire, we will replace those products within 30 days of the expiration date if the products were ordered within the last 6 months. Products will be replaced with like products online, no swapping of products.

All returned products must be received by NUVIOR unopened and in re-sealable condition. No partial units will be accepted for credit, and a patient reaction form must be filled out and returned to NUVIOR. Please note that prior authorization is required for all product returns, and all returns are subject to a twenty-five (25) percent restocking fee.

Links to Third-Party Sites/Third-Party Services

https://nuvior.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of NUVIOR, and NUVIOR is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NUVIOR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NUVIOR of the site or any association with its operators.

Certain services made available via https://nuvior.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the https://nuvior.com domain, you hereby acknowledge and consent that NUVIOR may share such information and data with any third party with whom NUVIOR has a contractual relationship to provide the requested product, service, or functionality on behalf of https://nuvior.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://nuvior.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to NUVIOR that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of NUVIOR or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. NUVIOR content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of NUVIOR and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of NUVIOR or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines that may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

NUVIOR has no obligation to monitor the Communication Services. However, NUVIOR reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. NUVIOR reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

NUVIOR reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in NUVIOR’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. NUVIOR does not control or endorse the content, messages, or information found in any Communication Service, and therefore, NUVIOR specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized NUVIOR spokespersons, and their views do not necessarily reflect those of NUVIOR.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to https://nuvior.com or Posted on Any NUVIOR Web Page

NUVIOR does not claim ownership of the materials you provide to https://nuvior.com (including feedback and suggestions) or post, upload, input, or submit to any NUVIOR Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting NUVIOR, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. NUVIOR is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NUVIOR’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

International Users

The Service is controlled, operated, and administered by NUVIOR from our offices within the Province of Ontario, Canada. If you access the Service from a location outside the Province of Ontario, you are responsible for compliance with all local laws. You agree that you will not use the NUVIOR Content accessed through https://nuvior.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless NUVIOR, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. NUVIOR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NUVIOR in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the laws of the Province of Ontario and conducted by a single neutral arbitrator appointed by the Ontario Arbitration Association or a similar arbitration service selected by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Ontario Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and NUVIOR agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NUVIOR CANADA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

NUVIOR CANADA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NUVIOR CANADA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUVIOR CANADA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NUVIOR CANADA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

NUVIOR reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario, Canada, and you hereby consent to the exclusive jurisdiction and venue of courts in Ontario, Canada, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and NUVIOR as a result of this agreement or use of the Site. NUVIOR’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NUVIOR’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NUVIOR with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NUVIOR with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and NUVIOR with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

NUVIOR reserves the right, in its sole discretion, to change the Terms under which https://nuvior.com is offered. The most current version of the Terms will supersede all previous versions. NUVIOR encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

NUVIOR welcomes your questions or comments regarding the Terms:

NUVIOR Canada 790 Bay St. Toronto, ON M5G 1N8

Email Address: contact@nuvior.com

Telephone number: 416-224-1818

Effective as of June 01, 2023.

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Privacy Policy

NUVIOR is committed to protecting the personal information (includes personal health information) that you provide to us.

This Privacy Notice (“Notice”) explains how we collect, use and disclose your personal information.  The information contained in this Notice applies to you if you have visited NUVIOR, called-in or emailed us and provided us with your personal information.

1.              CONFIDENTIALITY AND SECURITY

We restrict access to your personal information to those employees who need to know that information for the Purpose described below. We maintain physical and electronic safeguards that comply with applicable laws to guard your personal information.  To the extent we contract with third party service providers, we ensure that appropriate privacy protection is in place to safeguard against any inadvertent access to your personal information.

2.              PURPOSES

We collect and use your personal information for the purpose of providing direct client health care; planning, administration and management of NUVIOR services; client billing; conducting quality improvement activities (such as sending client satisfaction surveys); compliance with legal and regulatory requirements; and as permitted or required by law (hereinafter referred to as the “Purpose”).

3.              INFORMATION WE COLLECT AND USE

NUVIOR limits the collection of personal information to that which is necessary to fulfill the Purpose identified and in accordance with the requirements set out by applicable law.

Personal information is collected directly from you, unless the law permits or requires collection from third parties, custodians or other healthcare providers.

We may collect the following personal information from you:

• relating to your physical or mental health, including information that consists of the health history of your family;
• relating to the provision of health care, including the identification of a person as a provider of health care to you;
• relating to payments or eligibility for health care, or eligibility for coverage of health care;
• relating to the donation of any bodily substance or derived from the testing or examination of any bodily substance;
• relating to your health number; and
• relating to a person who is acting on your behalf for treatment purposes (or your next-of-kin, if appropriate).

In each case we use this personal information for the Purpose, and as otherwise permitted or required by applicable law.

4.              INFORMATION WE DISCLOSE

NUVIOR operates within the Circle of Care model. This means that implied consent is assumed when providing health care or assisting in providing health care within the Circle of Care (to a health information custodian or to a person who is responsible for providing continuing treatment and care to you). This is unless NUVIOR is aware that you have specifically withdrawn or withheld your consent.

Further, we will disclose your personal information to institutions, persons or entities that are not part of the Circle of Care (not for the purposes of providing direct health care) only if you give us express consent to do so.  We will only collect, use and disclose your personal information as permitted or required by applicable law.

5.              CONSENT

Where you do not wish us to collect, use or disclose your personal information for specified purposes, you can opt-out from such collection, use and disclosure.  Please let us know and we will duly incorporate the lock-box (consent directive) in your health record. The files (could be physical or electronic) containing your personal information will be securely maintained by NUVIOR and its authorized employees or agents who need to access the information in the administration and provision of the services we provide to you.

6.              Your Rights

You have a right to access and rectify the information contained in a file held about you.

Access to Your Information

To obtain formal access to your information, you must make a request to NUVIOR in writing. We may ask for you to provide us with further information to process the request or ask that you pay a fee for processing the request as set out in the applicable legislation.

We will make every reasonable effort to assist you and to respond openly, accurately and completely.

We will create a record for you if:

• it can be created from information that is in electronic form and it is in our custody or control, using normal computer hardware and software and technical expertise, and
• creating the record would not unreasonably interfere with the operations of NUVIOR

We may refuse to disclose information to you, if:

(a) the record is subject to a legal privilege that restricts disclosure;

(b) another Act or a court order prohibits disclosure;

(c) the information was collected or created primarily in anticipation of use in a proceeding, and the proceeding (including appeals) have not been concluded;

(d) the following conditions are met:

(i) the information was collected in the course of an inspection, investigation or similar procedure, and

(ii) the inspection, investigation, or similar procedure have not been concluded;

(e) granting the access could reasonably be expected to,

(i) result in a risk of serious harm to you or another person,

(ii) lead to the identification of a person who was required by law to provide information in the record to us, or

(iii) lead to the identification of a person who provided information in the record to us in confidence.

Please note that under the law, we must make every reasonable effort to respond to a request within a set number of days after receiving the request or within any extended period.

Nothing prevents NUVIOR from granting you access to your personal information if you make an oral request, informal request.

Correction or Amendment of Your Information

If you believe there is an error or omission in your information, you may request in writing that we amend the information.

We must respond to a request to correct a record with a set number of days as set out in the applicable legislation, or seek an extended period of time.

We also have the right to refuse to make the correction or amendment as set out by law. If we refuse to make the correction or amendment, we will provide you with written notice, including the reasons for the refusal.

We can refuse to make a correction or amendment that has been requested in respect of:

(a)            a professional opinion or observation made by a health services provider about you, or

(a)            a record that was not originally created by NUVIOR

If we refuse to correct a record, you can either:

(b)           ask for a review of NUVIOR’ decision by the Commissioner; or

(c)            submit a statement of disagreement setting out the requested correction or amendment and your reasons for disagreeing with our decision.

In order to exercise this right and in order to obtain information about our privacy practices and about our collection, use and disclosure of personal information, both by us and any service providers we contract with in Ontario or in other provinces, you can contact our Privacy Officer at: NUVIOR 

For a copy of the Personal Health Information Protection Act, 2004 see: https://www.ontario.ca/laws/statute/04p03  

To contact the Information and Privacy Commissioner of Ontario:

2 Bloor Street East, Suite 1400
Toronto, Ontario         M4W 1A8
Phone: 416-326-3333 or 1-800-387-0073

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