Terms of use

1. INTRODUCTION AND SCOPE

These terms of use (the " Terms of Use ") constitute a legal agreement between you ( you "the " Visitor " or the " User ") and MEDFUTURE CLINIC INC. (" Medfuture ", " we ", "us" or " our ") which governs your use of our website https://medfuture.ca/ (the " Website ") and the purchase of products and services from it.

PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH ANY BROWSING OR TRANSACTION ON THE WEBSITE

2. ACCEPTANCE OF THE CONDITIONS

By using the Website or by purchasing a product from the Website and clicking on the  "accept" button, you accept and agree to be bound by and comply with the Terms of Use. If you do not wish to be bound by them, you must not access or use the Website.

You represent and warrant that you are at least 14 years of age. If you do not meet this condition, you must not access or use the Website.

3. CATEGORIES OF USERS AND THEIR RIGHTS AND LICENCES

Users of the Website can be divided into the following categories according to the content they can access and/or use:

3.1 User

A " User "means any person who has created a user account to access the Medfuture web platform, via the Medfuture mobile application.

The terms of use specific to the Medfuture web platform are applicable to all Users as soon as they create their user account. All Users must read and accept the terms of use specific to our web platform before using it.

3.2 Visitor

A " Visitor " means any person, including a User, who browses the Website.

Subject to these Terms of Use, we hereby grant Visitors, for the duration of these Terms of Use, the rights to access and browse the Website and to use its features on the basis of the content available to them for their personal use only. Visitors may only access the content of the Website.

4. VISITOR ACCOUNT AND PASSWORD

In order to use certain features of the Website, including transacting business on our Website, you must create a visitor account. 

To create a visitor's account, you must provide certain information such as :

• First name and surname; 
• E-mail address and password;
• Telephone number;
• Payment information; and
• Date of birth.

You represent and warrant that the information you provide is accurate and complete and that you will promptly update your account if any of that information changes.

We reserve the right to deactivate your visitor account in the event of any breach by you of the obligations, terms and conditions of these Terms of Use.

5. INTELLECTUAL PROPERTY

You understand and agree that the Website and all of its content, features and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, are the property of Medfuture, its licensors or other providers of such material and are protected in all forms by intellectual property laws, including, but not limited to, copyrights, trademarks, patents, trade secrets.

The Medfuture name, the Medfuture logo and all related names, logos, product and service names, designs, images and slogans are trademarks of Medfuture or its subsidiaries or licensors. You may not use these marks without the prior written permission of Medfuture. Other names, logos, product and service names, designs, images and slogans mentioned or appearing on the Website are the trademarks of their respective owners. The use of any such property, except as expressly authorized, is an infringement or violation of the owner's rights and may be in violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your own personal, non-commercial use in accordance with the access rights granted in Section 3. You may not, directly or indirectly, reproduce, compile for an internal database, distribute, modify, create derivative works from, publicly display, publicly perform, republish, upload, store or transmit any material on our Website in any form or medium except :

a) your computer and browser may temporarily store or cache copies of the documents you have accessed and viewed;

b) a reasonable number of copies for personal use only may be printed, retaining the proprietary notices, which may be used only for lawful, non-commercial personal purposes and not for further reproduction, publication or distribution of any kind in any medium; and

(c) where social media platforms are linked to certain content on our Website, you may take the actions that our Website and those third party social media platforms permit.

You may not modify copies of any material on the Website, nor may you remove or alter any copyright, trade mark or other proprietary rights notices from copies of material on the Website. You may not access or use for any commercial purpose any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title or interest in or to the Website or any content on the Website, and all rights not expressly granted are reserved by Medfuture. Any use of the Website not expressly permitted by these Terms of Use is a violation of these Terms of Use and may infringe or violate copyright, trademark and other intellectual property laws.

6. SERVICES OF LONGEVITY AND HEALTH AND WELLNESS WEBSITE

Under no circumstances should you use the Website during a medical emergency. In the event of an emergency call 911 immediately or go to the nearest hospital or health care facility.

The services offered by Medfuture as part of its longevity clinic are intended to guide you in taking charge of your health with the goal of living a long life and to recommend products and services that will help you achieve your goal. However, you acknowledge that you are free to accept or refuse Medfuture's recommendations at any time and remain solely responsible for its health choices.

All information made available to you on the Website is not intended to constitute medical advice, diagnosis or treatment. The information on the Website is intended to provide health and wellness information only and is not a substitute for professional medical advice or information contained on or in product labels or packaging. You should never start or stop any treatment based on this information. You should not disregard professional medical advice or delay in seeking it because of information provided to you on the Website. In addition, you should not construe any content as a recommendation for a specific treatment plan, product or course of action. The information on the Website may contain reports and statistics that may cause you anxiety. You are strongly advised not to take any action based on your interpretation of the information on the Website without first obtaining the advice of a health care professional.

The services provided by Medfuture are intended to enhance your well-being and are not intended to provide medical advice, diagnosis or treatment. 

Medfuture undertakes to perform its services in accordance with applicable Quebec and Canadian laws and according to the rules of the trade. Medfuture will only recommend products that are authorized by Health Canada or any other regulatory body with jurisdiction in Canada, or that have a very high level of scientific evidence.

While we make reasonable efforts to update the information on our Website, we make no representations, warranties or assurances, express or implied, that the content of our Website is accurate, complete or current. Your use of the Website is at your own risk and neither Medfuture, its parent, subsidiaries, affiliates, and their respective officers, directors, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Website.

The Website may include content provided by third parties, including other Visitors and third party licensors. Any statements and/or opinions expressed in such third party content, other than content provided by Medfuture, are solely the opinions and responsibility of the person or entity providing such content. Such content does not necessarily reflect the opinion of Medfuture. Neither Medfuture nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third party content.

7. YOUR OBLIGATIONS

By using the Website, and without limiting the generality of what is otherwise provided in the Terms of Use, you agree to: (i) comply with all applicable laws, including, without limitation, laws protecting privacy and intellectual property rights; (ii) provide us with accurate information and keep it up to date; and (iii) use the Website in a responsible and reasonable manner. In addition, you agree not to:

(a) use the Website in any way to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party

b) use the Website to advertise or solicit any User;

c) use the Website to resell any products or services;

d) make commercial use of the Website;

(e) knowingly introduce into the Website any viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material or any other harmful content;

f) include a link to the Website without our specific prior written consent;

g) impersonate or attempt to impersonate Medfuture or any Medfuture employee, other User or other entity (including, but not limited to, the use of email addresses or screen names that are associated with or deceptively similar to any of the foregoing);

(h) use tools or other methods to extract, exploit or aggregate data from the Website;

(i) engage in any other conduct that restricts or inhibits any other person's use or enjoyment of the Website, or which, as we shall determine, may adversely affect Medfuture or the Users of our Website or expose us or such other Users to liability;

j) use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party's use of the Website;

k) use the Website to send harassing or threatening messages to anyone;

(l) use any robot, search engine or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any content of the Website or other materials on the Website;

m) attempt to penetrate the security measures of the Website or obtain or circumvent the passwords of other Users;

(n) attempt to gain unauthorised access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and

o) attack the Website via a denial of service attack or a distributed denial of service attack.

8. GEOGRAPHICAL SCOPE OF THE SITE WEB

While the Website is available in all provinces and territories of Canada, not all of the products and/or services described on the Website are regulated or available in all of those provinces and territories, as some of them may have different laws and regulations regarding such products and services. The type of services offered through the Website will depend on your province or territory of residence and where you are when you access the Website. You acknowledge and agree that the products, services or materials described on the Website, the information and products offered through the Website or any other services provided under these Terms of Use are not offered or suitable for use outside Canada. 

We are located in the province of Quebec, Canada. We provide this Website only to persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and are responsible for compliance with local laws in your jurisdiction.

9. CONFIDENTIALITY

We will treat as confidential all information obtained from you in the course of providing our services and will not use or disclose such information except in connection with and for the purposes of providing those services. This restriction does not apply to any information that we are required to disclose by law, that subsequently becomes public knowledge, that is or becomes known to Medfuture now or in the future without breach of any confidentiality obligation hereunder, or that is independently developed by Medfuture. 

We are committed to protecting your personal information that we collect in the course of providing our services, all in accordance with applicable privacy laws. We only collect the personal information referred to in Section 4 for the purpose of identifying you in order to sell you our services and to create your visitor account. If you purchase products or services, we will also collect your billing and shipping address, if any, in order to bill you and deliver the products purchased.

For more information on privacy, please see Medfuture's Privacy Notice here.

10. THIRD PARTY WEBSITES

For your convenience, the Website may provide links to third-party websites. We make no representations or warranties regarding any other websites accessible from the Website. If you choose to access these sites, you do so at your own risk. We have no control over the content of these third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are subject to all terms and conditions of such third-party sites.

These links to third-party sites from the Website may include links to certain social media features that allow you to connect or post or transmit by yourself or using certain third-party sites, certain content from the Website. You may only use these features where they are provided by us and only in respect of the content identified.

You may link to our home page or any other page on the Website, provided you do so fairly and lawfully and do not damage our reputation or take advantage of it. 

11. DISCLAIMER OF WARRANTIES 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS CONTENTS, AND ANY SERVICES OR MATERIALS FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS FOUND OR OBTAINED THROUGH THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING UNDER THE CONSUMER PROTECTION ACT WHERE YOU ARE A QUEBEC CONSUMER, OR THOSE SET OUT IN OR ARISING FROM THE TERMS OF SALE SET OUT IN SECTION 14.

NEITHER MEDFUTURE, NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS (AN "EXEMPT PARTY") WILL BE LIABLE FOR ANY LOSS, DAMAGE, OR EXPENSE INCURRED BY MEDFUTURE OR ANY OF ITS AFFILIATES IN CONNECTION WITH THE USE OF THIS SITE. EXEMPT PARTY ") MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT AS TO THE COMPLETENESS, QUALITY, SAFETY, RELIABILITY, SUITABILITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR AS TO THE RESULTS TO BE OBTAINED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NO EXEMPT PARTY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICE OR ITEM FOUND OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE THAT THE FILES OR DATA AVAILABLE FOR DOWNLOAD ON THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF  THE WEBSITE AND FOR THE SECURITY OF YOUR COMPUTER, THE INTERNET AND YOUR DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOAD, FLOOD, MAIL BOMB OR CRASH, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICE OR MATERIAL FOUND OR OBTAINED THROUGH THE WEBSITE OR BY DOWNLOADING ANY MATERIAL DISPLAYED ON IT OR ON ANY SERVICE LINKED TO IT.

WE CANNOT GUARANTEE THAT BY USING THE SERVICES OF OUR LONGEVITY CLINIC YOU WILL ACTUALLY INCREASE YOUR LONGEVITY. THE WEBSITE IS INTENDED ONLY AS A MEANS TO HELP CREATE THE RIGHT CONDITIONS FOR A LONG LIFE.

12. LIMITATION OF LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, INCLUDING UNDER THE CONSUMER PROTECTION ACT WHERE YOU ARE A QUEBEC CONSUMER, IN NO EVENT SHALL AN EXEMPT PARTY BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, INVASION OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY HAD ACTUAL KNOWLEDGE OR REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, OR RELIANCE ON THE WEBSITE, ANY SERVICE OR ANY OTHER THIRD-PARTY WEBSITE, AND ANY CONTENT, MATERIALS, POSTINGS OR INFORMATION ON THE WEBSITE,EVEN IF THE PARTY HAD ACTUAL KNOWLEDGE OR REASON TO KNOW.

THEWEBSITE DOES NOT OFFER MEDICAL ADVICE. NOTHING IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE CONTENT IS NOT INTENDED TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT OR SERVICE, NOR IS IT INTENDED TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED, LINKED OR ADVERTISED ON THIS WEBSITE. IF YOU THINK YOU HAVE A HEALTH PROBLEM, PLEASE CONSULT A HEALTH CARE PROFESSIONAL.

13. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless an Exempt Party from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or related to your violation of the Terms of Use or your use of the Website, including, but not limited to, third party sites, any use of the Website content, services and products other than as expressly permitted in these Terms of Use.

14. CONDITIONS OF SALE

This Section 14 governs all transactions you conduct on the Website. By placing an order or making a purchase on our Website and accepting these Terms of Use, you agree to be bound by them. If you do not agree with these Terms of Sale, please do not place an order.

14.1 Order and delivery

When you place an order with us (by selecting an item and completing the online ordering process), we will send you an email acknowledgment identifying the products and/or services you have ordered. 

Your order will be delivered by Canada Post or another independent carrier that Medfuture deals with. The name of the carrier will be specified in the confirmation email along with your delivery number. You will be responsible for any customs clearance fees or additional charges related to the destination address.

If you want to know the delivery costs to your location, add the products you want to your basket. You will be able to see the delivery costs easily, directly in your basket. We process orders the same day, if received before 3pm. If a product is out of stock, you will be informed.

We are not responsible for orders that cannot be dispatched or are not received because the recipient's address you provide is not correct. Please ensure that the recipient's address is correct and contact Customer Service if you have not received your order.

Medfuture makes every effort to meet delivery deadlines, however, conditions beyond our control (bad weather, strikes, customs, busy periods, etc.) may cause additional delays for which we cannot be held responsible. 

14.2 Cancellation

You can cancel orders that have not yet been shipped by contacting Customer Service Department. Please refer to paragraph 14.6 on Returns and refunds.

14.3 Promotional offer

Any promotions, discounts or other promotional offers that may be offered from time to time are subject to these terms and conditions of sale and any additional terms and conditions that we provide to you in connection therewith. Medfuture reserves the right to cancel, suspend, terminate or modify any promotion in appropriate circumstances and in accordance with the applicable terms and conditions where applicable. If any costs, expenses or taxes would result from receiving a selected product(s), you will be notified in advance.

14.4 Prices

All prices quoted for products and services offered on the Website are in Canadian dollars. Where applicable and unless otherwise stated on the Website, please note that shipping charges and applicable sales taxes will be added to the shopping cart and to your invoice prior to finalizing the purchase. Prices displayed on the Website are subject to change.

14.5 Payment

By placing an order on the Website, you agree to pay the full price of your order, including taxes and delivery charges, if any. You may pay for your purchase by PayPal. You represent and warrant that you have the right to use PayPal. In the event that you do not wish to make a payment through our transactional website, Medfuture offers you the possibility to place your order by phone by contacting 1-514-378-7000 or by sending a fax indicating the desired merchandise and/or services and paying for the order with a credit card. If your method of payment is declined by the provider or if there are insufficient funds in your account, your order will not be shipped and Medfuture will have no obligation to fulfill your order. 

Medfuture performs security checks on all transactions, it is your responsibility to ensure that your address and telephone number match those associated with your credit card to avoid any delays in shipping your order.

14.6 Return and refund

14.6.1 Consumables

We want you to be satisfied with your online product purchases from our Website. Medfuture will only accept products for return for refund if they are intact, in their original packaging and with the original seal intact, unless the product is defective. We recommend that you carefully read the instructions on the products before opening them.

With the exception of the items and services indicated in paragraph 14.6.2, if you wish to return or exchange an item it may be possible to do so within 30 days of purchase. To do so, please write to us at [email protected]. Medfuture will provide you with an authorization number and return address. Please note that no refund will be made without a return authorization number and if the returned product is not intact, as described in the previous paragraph. The product must be returned in its original packaging with the purchase invoice and an explanatory note including the authorization number. Any product that does not comply with the above conditions cannot be refunded and will be returned to you, unless said product is defective. 

In case of return of a product that is not defective and for which Medfuture has respected all legal obligations applicable to it with regard to the sale of the said product, the shipping costs are not refundable. In the event of an error on our part as to which products were shipped, the return shipping costs will be reimbursed to you within a reasonable period of time upon receipt of proof of payment of such costs by you. 

Any refundable goods, which meet the above criteria, will be refunded within 15 days of the cancellation of the contract.

14.6.2 Non-refundable services and items

All services properly rendered will not be refunded at any time.

15. Security

All transactions on the Website are carried out on a secure server and are made using proven encryption techniques.

16. APPLICABLE LAW AND JURISDICTION

The Website and these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to conflict of laws principles, and notwithstanding your domicile, residence or physical location. 

Any action or proceeding arising out of or relating to the Website and these Terms of Use shall be brought in the courts of the Province of Quebec, in the judicial district of Terrebonne (and/or the Federal Court of Canada in the case of an action relating to an intellectual property right), and each party irrevocably submits to the exclusive jurisdiction of such courts for any such action or proceeding. You waive any objection to the exercise of jurisdiction over you by such courts and to the jurisdiction of such courts.

17. UPDATE AND MODIFICATION

Applicable version. The Terms of Use are effective as of the date mentioned at the beginning of these Terms of Use and they replace any previous version. The version of the Terms of Use applicable to you, as a User, is the latest version you accepted by clicking on the "accept" button, and as a Visitor, is the version that was in force at the relevant time.

18. NOTICES, COMPLAINTS AND COMMUNICATIONS

Any notice required or permitted to be given under these Terms of Use must be in writing and shall be deemed to have been validly given if sent by e-mail or registered mail to the following addresses