Terms of service

NERVEX – TERMS OF SERVICE

OVERVIEW Welcome to Nervex! The terms "we", "us" and "our" refer to Nervex. Nervex operates this shop and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalized shopping experience (the "Services"). Nervex is powered by Shopify, which enables us to provide the Services to you. The Terms and Conditions below, together with all related policies (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not accept these Terms of Service or this Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT By accepting these Terms of Service, you confirm that you have reached the age of majority in your province or territory of residence, and you give us your consent to allow any minors in your care to use the Services on devices that you own, purchase or manage. To use the Services, including to access or browse our online shops, or to purchase any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment and delivery information. You represent and warrant that all information you provide in our shops is accurate, current and complete, and that you have all necessary rights to provide such information. You are solely responsible for maintaining the security of your account credentials and all activity on your account. You are not permitted to transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS We have endeavored to provide an accurate representation of our products and services in our online shops. Please note, however, that the colors or appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the shop and your device's settings and configuration. We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be the same as described or rendered in our online shops. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product we offer to any person, geographical area or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS When you place an order, you are making an offer to purchase. Nervex reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Nervex has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Nervex may not be able to accommodate cancellation requests after an order has been accepted. In the event that we do not accept, modify or cancel an order, we will endeavor to notify you by contacting the email address, billing address and/or telephone number provided at the time of ordering. Your purchases may be returned or exchanged only in accordance with our Refund Policy. You represent and warrant that your purchases are intended for your personal or domestic use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless otherwise stated, displayed prices do not include applicable taxes or shipping and handling charges. Prices displayed in our online shops may differ from prices offered in physical shops or in online shops operated by third parties. We may, from time to time, offer promotions on the Services that may affect prices and which are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we may complete your transactions and contact you as necessary. You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) the amounts charged to you will be honored by your credit card provider, and (iv) you will pay the amounts charged to you at the displayed prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY We are not responsible for delays in shipping and delivery. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, trade names, texts, displays, images, graphics, product reviews, videos and audio, as well as the design, selection and arrangement thereof, are the property of Nervex, its affiliates or its licensors and are protected by domestic and foreign patent, copyright and other intellectual property laws. These Terms authorize you to use the Services for personal and non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of Nervex, Shopify or any third party. Unauthorized use of the Services may constitute a breach of domestic and international intellectual property laws. All rights not expressly granted herein are reserved to Nervex.

SECTION 7 – OPTIONAL TOOLS You may have access to customer tools offered by third parties as part of the Services, which we do not monitor and over which we have no control or influence. You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We disclaim all liability arising from or in connection with your use of optional third-party tools. Any use by you of optional tools offered on the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s). We may also, in future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – LINKS TO THIRD PARTIES The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk. We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please review third parties' policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY Nervex is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our Shop are conducted directly with Nervex. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Nervex, including any harm, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liability arising out of or in connection with your purchases and transactions with Nervex.

SECTION 10 – PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you confirm that you have read these privacy policies. As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, in order to provide services to you. Please see our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages or other content (collectively referred to as "Feedback"), you grant us a perpetual, worldwide, sub-licensable and fully royalty-free license to use, reproduce, modify, publish, distribute and display this Feedback on any medium and for any purpose, including commercial purposes. You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have and will have no obligation to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may, without being obliged to do so, monitor, edit or remove Feedback that we deem, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms of Service.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS It may occasionally occur that information in or about the Services contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping and handling charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for unlawful or harmful purposes; (b) to violate any applicable federal, provincial or local regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or arrange the sending of any advertising or promotional material, including "junk mail", "chain letters", "spam" or any other similar solicitation; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we believe you have breached any part of these Terms.

SECTION 14 – TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES Information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. EXCEPT AS EXPRESSLY STATED BY NERVEX, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NERVEX, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 17 – INDEMNIFICATION You agree to indemnify, defend and hold harmless Nervex, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against any losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party arising out of or resulting from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any applicable law or third-party rights, or (3) your access to and use of the Services.

SECTION 18 – SEVERABILITY If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service, without affecting the validity and enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

SECTION 20 – ASSIGNMENT You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW These Terms of Service and any separate agreements by which we provide you with Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You and Nervex submit to the exclusive jurisdiction of the courts of the Province of Ontario to resolve any dispute or claim arising out of or in connection with these Terms of Service.

SECTION 22 – HEADINGS The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO THE TERMS OF SERVICE You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 – HEALTH CANADA DISCLAIMER AND MEDICAL CLAIMS Our products are not intended to diagnose, treat, cure or prevent any disease or medical condition. They are designed for comfort and general wellbeing purposes only.

Regulatory Notice: Our products have not been evaluated or approved by Health Canada.

Medical Disclaimer: Information provided on this website is for general informational purposes only and does not constitute medical advice. Please consult a qualified healthcare professional regarding any medical concerns.

By purchasing and using our products, you acknowledge that results may vary from person to person and that we accept no liability for any adverse effects or failure to achieve expected results.

SECTION 25 – PRODUCTS OR SERVICES Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We reserve the right, but are not obliged, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited by law.

The products sold on this Website are intended for personal use only and are not classified as medical devices by Health Canada unless explicitly stated otherwise. These products are not intended to diagnose, treat, cure or prevent any disease or medical condition. We strongly recommend consulting a qualified healthcare professional before use.

Each product may include specific instructions, warnings or limitations within its accompanying documentation. Please read and follow all such instructions carefully to ensure safe and proper use.

Electronic Devices: These products are intended to promote comfort and general wellbeing only and are not a substitute for medical treatment or professional medical advice.

Consumable Products (including patches): These items are intended for single or limited use only. If irritation, discomfort or any adverse reaction occurs, discontinue use immediately and consult a qualified healthcare professional.

By purchasing and using products from this Website, you acknowledge and agree that the manufacturer and distributor shall not be liable for misuse, improper handling, or failure to follow provided instructions, warnings, or guidelines.

Our products are not intended for use by individuals under the age of 18.

SECTION 26 – CONTACT DETAILS Questions about the Terms of Service should be sent to us at support@getnervex.com.