Private Practice Powerhouse
TERMS AND CONDITIONS OF SALE
PRIVATE PRACTICE POWERHOUSE
TERMS AND CONDITIONS OF SALE
1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system.
By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not order or obtain products or services from this website if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this website or any of this website's contents, products or services by applicable law.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.privatepracticepowerhouse.com the “Site”). These Terms are subject to change by Rebound Total Health Holdings Inc., operating as Private Practice Powerhouse (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referred to on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Site. You should also carefully review our Website Privacy Policy before placing an order for products or services through this Site (see Section 10).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept VISA, MASTERCARD, AMERICAN EXPRESS, APPLEPAY, DISCOVER AND AFTERPAY For all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Unless otherwise agreed, all products and services available for purchase on the Site are non-returnable.
6. Limited Warranty.
(a) You acknowledge and agree that any products or services purchased through the Site are provided on an “as is” basis and without warranties of any kind either express or implied. We do not warrant that the any products or services purchased through the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, and that any defects will be corrected. We do not warrant or make any representations regarding the use or the results of any products or services available from the Site or on third-party websites in terms of their correctness or accuracy, or that the products or services available from the Site are a substitute for professional therapy or supervision by a licensed health practitioner. You are responsible for conducting your own due diligence regarding the ethical and legal use of the products and services available from the Site as permitted by your governing body and applicable law.
(b) EXCEPT FOR THE WARRANTIES SET FORTH IN SECTION 6(a) AND SECTION 6(b), WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING (i) ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
(c) Products manufactured by a third party (“Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to, or packaged together with the products. Third-Party Products are not covered by the warranty in Section 6(a). For the avoidance of doubt, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE; OR (ii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
7. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for use within Canada.
9. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) All uses on this Site of the terms “sell”, “sale”, “resell”, “resale”, “purchase”, “price”, and the like mean the purchase or sale of a licence. Each product and service marketed on this Site is made available solely for licence, not sale, to you and other prospective customers under the following terms, conditions, and restrictions:
(i) upon purchasing a product and service from this Site you shall be granted a worldwide non-exclusive, non-transferable, revocable, limited license for non-commercial use only; and
(ii) you shall not be permitted to publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use in full or in part, any product or service provided through the Site in any form or by any means except (i) as expressly permitted by this Agreement, and (ii) with our prior written permission.
(b) You will comply with all terms and conditions of this Section 9(a) for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of those licensed products and services.
(c) You will not cause, induce, or permit others' non-compliance with the terms and conditions of any of these product and service licence terms and conditions.
(d) You further agree that you will not contact or solicit any purchasers of our products or services for the purpose of selling to these purchasers any products or services which are the same as or substantially similar to, or in any way competitive with, the products and services that are offered through the Site. For greater certainty, a “purchaser of our products or services” means a purchaser that you became aware of through your use of the Site or any of the products or services that are offered through the site.
(e) We welcome feedback, suggestions for improvements to the products and services available through the Site, and any questions or contributions posted to our private Facebook® group (collectively, “Contributions”). You acknowledge and expressly agree that any Contributions will not give or grant you any right, title or interest in any products or services available through the Site if your Contributions are used to improve our products or services. All Contributions shall become our sole and exclusive property subject to the Facebook® terms and conditions, and we may use Contributions in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to us any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Contributions.
10. Privacy. We respect your privacy and are committed to protecting it. Our Website Privacy Policy, https://privatepracticepowerhouse.com/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
11. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of the obligations set out in these Terms[ (except for any of your obligations to make payments to us hereunder)], when and to the extent such party's (the “Impacted Party”) failure or delay is caused by or results from acts beyond the Impacted Party's [reasonable] control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, such as the 2019 novel coronavirus pandemic (COVID-19), tsunami, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within ten (10) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) days following written notice given by it under this Section 11, either party may thereafter terminate the purchase or sale made in accordance with these Terms upon ten (10) days' written notice.
12. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein [without giving effect to any choice or conflict of law provision.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
16. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide and consent to us using; or (ii) posting to the Site. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to info@privatepracticepowerhouse.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to 315 Brock Road, Unit 3 Dundas ON L9H 5H6. We may update our email address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. Our order confirmation, these Terms, our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you may have additional rights with respect to your personal identification information and personal health information, as further outlined below. These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), if you are a resident of the EU, United Kingdom, Lichtenstein, Norway or Iceland.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. Publicly available information, such as a public directory listing of your name, address, and telephone number are not considered to be personal identification information.
Personal health information
In addition to personal identification information, this Privacy Policy also applies to any personal health information collected from Users which includes any information about an individual, whether in oral or recorded form, that identifies the individual or could enable such identification and that relates to the individual’s health, medical history or past or future medical treatment.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site through log files. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system, browser type, date and time stamp, referring/exit pages, and the Internet service providers utilized and other similar information. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.
Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
We may collect and use Users personal identification information for the following purposes:
– To run and operate our Site
We may need your information to display content on the Site correctly.
– To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
– To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
– To improve our Site
We may use feedback you provide to improve our products and services.
– To run a survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
– To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
Notwithstanding the foregoing, personal health information collected from an individual through our Site will only be used for the provision of healthcare services to the individual. Before using any personal health information beyond that for which the information was collected, we will seek express consent from individual except where the information:
a) is needed to prevent serious bodily harm or reduce a significant risk of harm to any person;
b) is being collected for the purpose of educating our staff on the provision of healthcare;
c) is being used to manage risks and errors or to improve the quality of healthcare services; or
d) must be disclosed by law.
Accuracy, Access and Correction
We will take reasonable steps to ensure that all personal identification information and personal health information that we collect is accurate, complete, and up-to-date. Upon request and verification of identity, our Users will be informed of the existence, use, and disclosure of their personal identification information and personal health information and given access to that information in accordance with PIPEDA and PHIPA. When a User demonstrates the inaccuracy or incompleteness of their personal identification information or personal health information, we will take reasonable steps to promptly correct the information.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. This includes, for example, firewalls, password protection and other access and authentication controls. We also use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features as further protection.
While no method of transmission over the Internet, or method of electronic storage, is 100% secure, if we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
Sharing your personal information
We do not sell, trade, or rent the personal identification of our Users to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Data retention
When you request a consultation or post a comment through the Site, we will maintain your information for our records for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law, unless and until you ask us to delete this information. In addition, all personal health information is retained in accordance with the required retention time as prescribed under PHIPA.
Electronic newsletters
If a User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Changes to this privacy policy
We have the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Breach notification
All known or suspected privacy breaches must be reported to our Chief Privacy Officer as soon as reasonably possible. We have a responsibility to ensure that privacy breaches are properly contained, investigated and that further privacy breaches are prevented. All of our patients will be informed of the loss, theft, or inappropriate access, use or disclosure of their personal health information as soon as reasonably possible, as required by PHIPA. Under PHIPA we also have mandatory privacy breach reporting requirements to the Information and Privacy Commissioner of Ontario as well as to relevant regulatory colleges.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at info@privatepracticepowerhouse.com.
We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information. We will describe the complaint procedures to anyone who makes inquiries or lodges complaints.
If you are not satisfied with our response after making a complaint, you may have recourse to additional remedies under PIPEDA and/or PHIPA. For further information, please contact the federal Privacy Commissioner or the Privacy Commissioner of Ontario, as applicable.
This Policy was last updated on August 13th 2023.