Terms of service
Overview
Welcome to PhytoHeal MedTech! The terms ‘we’, ‘us’ and ‘our’ refer to PhytoHeal MedTech. PhytoHeal MedTech operates this store and website, including its information, content, features, tools, products and services, to provide you, the customer, with an appropriate shopping experience (the ‘Services’). PhytoHeal MedTech is supported by Shopify, which enables us to provide the Services.
The following terms and conditions, together with any policies included in them (‘Terms of Service’ or ‘Terms’), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
Section 1 – Access and accounts
By agreeing to these Terms of Service, you represent that you are of legal age in the state or province where you reside, and that you have given us consent to allow your minor dependants to use the Services on devices that you own, purchase or manage.
To use the Services, including accessing or browsing online stores or purchasing products and services we offer, you may need to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide to our stores is accurate, current and complete, and that you have all rights necessary to provide it.
You are responsible for activity on your account and for protecting your account credentials. You must not transfer, sell, assign or license your account to another person.
Section 2 – Our products
We have made every effort to present our products and services accurately in our online stores. However, the display of product colours and appearance may vary according to the device you use to access the store and its settings and configuration.
We cannot guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is described or shown in our online stores.
All product descriptions may change at any time, without notice and at our discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographical area or jurisdiction on a case-by-case basis.
Section 3 – Orders
When you place an order, you make an offer to purchase. PhytoHeal MedTech reserves the right to accept or reject your order at its discretion for any reason. Your order is not confirmed until PhytoHeal MedTech confirms its acceptance. We must receive and process payment before accepting an order. Please check your order carefully before submitting it, as PhytoHeal MedTech may not be able to accommodate cancellation requests after acceptance. If we reject, change or cancel an order, we will notify you using the email address, billing address and/or telephone number you provided when placing it.
You represent and warrant that you make purchases for personal or household use, and not for resale or export.
Section 4 – Prices and billing
Prices, discounts and offers may change without notice. The price charged for a product or service will be the price in effect when you submit your order, which you can see in your order confirmation email. Unless otherwise specified, published prices do not include taxes or customs, shipping, handling or import charges.
Prices in our online stores may differ from those offered in physical stores, other online stores or stores operated by third parties. From time to time, we may offer promotions on the Services that affect prices and are subject to terms independent of these Terms. If promotional terms conflict with these Terms, the promotional terms will prevail.
For all purchases in our stores, you agree to provide accurate, current and complete purchase, payment and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete transactions and contact you if necessary.
You represent and warrant that: (i) the credit card details you provide are true, accurate and complete; (ii) you are authorised to use the card for purchases; (iii) your credit card company will honour the charges you incur; and (iv) you will pay those charges at the published prices, including shipping and handling taxes and all other applicable taxes.
Section 5 – Shipping and delivery
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays attributable to carriers, customs procedures or events beyond our control. Once products are transferred to the carrier, ownership and risk of loss pass to you.
Section 6 – Intellectual property
Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, belong to PhytoHeal MedTech, its affiliates or licensors and are protected by United States and foreign patent, copyright and intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You must not reproduce, distribute, modify, create copies of, publicly display or perform, republish, download, store or transmit material from the Services without our written consent. Except as expressly stated, nothing in these Terms grants or may be interpreted as granting you a licence or other rights in the patents, trademarks, copyright or other intellectual property of PhytoHeal MedTech, Shopify or third parties. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted here are reserved to PhytoHeal MedTech.
The names, logos, product and service names, designs and slogans of PhytoHeal MedTech are trademarks of PhytoHeal MedTech or its affiliates or licensors. You must not use them without PhytoHeal MedTech's written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans in the Services are trademarks of their respective owners.
Section 7 – Optional tools
As part of the Services, you may have access to customer tools offered by third parties that we do not monitor, control or contribute to.
You understand and agree that we provide access to these tools ‘as is’ and ‘as available’, without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools offered through the site is at your own risk and discretion. You must familiarise yourself with and accept the terms on which the relevant third-party providers offer those tools.
We may offer new features through the Services in future, including new tools and resources. These new features form part of the Services and are subject to these Terms of Service.
Section 8 – Third-party links
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access them, you do so at your own risk.
We are not responsible for problems or harm relating to your access to third-party websites or your purchase or use of products, services, resources or content on them. Please read and understand the relevant third-party policies and practices before making a transaction. Complaints, concerns or questions about third-party products and services must be directed to those third parties.
Section 9 – Relationship with Shopify
PhytoHeal MedTech is powered by Shopify, which enables us to provide the Services. However, sales and purchases in our Store are made directly with PhytoHeal MedTech. By using the Services, you understand and agree that Shopify is not responsible for any aspect of sales between you and PhytoHeal MedTech, including injury, damage or loss arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damage and liabilities arising from or relating to your purchases and transactions with PhytoHeal MedTech.
Section 10 – Privacy Policy
All personal data we collect through the Services is subject to our Privacy Policy. Certain personal data may also be subject to Shopify's Privacy Policy. By using the Services, you confirm that you have read these privacy policies.
As the provider supporting the Services, Shopify collects and processes personal data relating to your access to and use of the Services to provide and improve them for you. Data you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in countries other than your own. See our Privacy Policy for more information about how we, Shopify and our partners use your personal data.
Section 11 – Feedback
When you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, ‘Feedback’), you grant us a perpetual, worldwide, transferable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback through any medium for any purpose, including commercial purposes. For example, we may exercise these rights to operate, provide, evaluate, improve, enhance and promote the Services and to perform our obligations and exercise our rights under these Terms of Service.
You also confirm and agree that: (i) you have the necessary rights to all Feedback; (ii) you have disclosed any reward or incentive received for submitting it; and (iii) your Feedback complies with these Terms. We are not and will not be obliged to: (1) keep Feedback confidential; (2) pay for Feedback; or (3) respond to Feedback.
Although not required to do so, we may monitor, edit or remove Feedback that we consider unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates intellectual property or these Terms of Service.
You confirm that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also confirm it will not include defamatory or otherwise unlawful, offensive or obscene content, or viruses or other computer malware that could affect the operation of the Services or a related website. You must not use a false email address, impersonate someone else or mislead us or third parties about the origin of your Feedback. You alone are responsible for your Feedback and its accuracy. We accept no liability for Feedback posted by you or third parties.
Section 12 – Errors, inaccuracies and omissions
Information in or relating to the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, offers, promotions, shipping charges, transit times or availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information or cancel orders if there are errors, at any time and without notice, including after an order has been submitted.
Section 13 – Prohibited uses
You may access and use the Services only for lawful purposes. You must not access or use them, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate local, provincial, state, federal or international regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, oppress, insult, harm, defame, slander, disparage, intimidate or offend our employees or anyone else; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to transmit or procure the sending of advertising or promotional materials, including junk mail, chain letters, spam or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in conduct that prevents or restricts another person's access to or use of the Services, or that we consider harmful to PhytoHeal MedTech, Shopify or users of the Services, or exposes them to liability.
You also agree not to: (a) upload or transmit viruses or other malicious code that may affect the functioning or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or disclose any part of the Services; (c) collect or track others' personal data; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or close your account at any time without notice if we believe you have violated any part of these Terms.
Section 14 – Termination
We may terminate this agreement or your access to all or part of the Services at any time, at our discretion and without notice. You remain responsible for all amounts due up to the termination date.
The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision that, by its nature, survives termination.
Section 15 – Warranty disclaimer
Information presented in or through the Services is provided for general information only. We do not warrant its accuracy, completeness or usefulness. Reliance on this information is entirely at your own risk. We accept no liability for reliance on these materials by you, any visitor to the Services or anyone who becomes aware of their contents.
EXCEPT AS EXPRESSLY STATED BY PHYTOHEAL MEDTECH, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICE, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR PROHIBIT DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Section 16 – Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHYTOHEAL MEDTECH, SHOPIFY OR THEIR RESPECTIVE AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MERCHANTS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST EARNINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGE, WHETHER ARISING IN CONTRACT, STRICT LIABILITY, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THEM; OR FOR OTHER CLAIMS RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS, INCLUDING ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE OF ANY KIND ARISING FROM USE OF THE SERVICES OR CONTENT OR PRODUCTS POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THEM, EVEN IF ADVISED OF THAT POSSIBILITY.
Section 17 – Indemnification
You agree to indemnify, defend and hold harmless PhytoHeal MedTech, Shopify and our affiliates, partners, officers, directors, employees, agents, merchants, licensors and service providers against losses, damage, liabilities or claims, including reasonable legal fees payable to a third party, arising from: (1) your breach of these Terms of Service or the documents incorporated in them; (2) your violation of laws or third-party rights; or (3) your access to and use of the Services.
We will notify you of claims subject to indemnification. A delay in notification does not release you from your obligations unless you are materially prejudiced. We may control the defence and settlement of such claims at your expense, including choice of counsel, but will not settle claims requiring non-monetary obligations from you without your consent, which must not be unreasonably withheld. You will cooperate in the defence of claims subject to indemnification, including by providing relevant documents.
Section 18 – Severability
If a provision of these Terms of Service is found unlawful, void or unenforceable, it will be unenforceable to the extent permitted by applicable law, and the unenforceable part will be considered severed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.
Section 19 – Waiver; entire agreement
Our failure to exercise or enforce a right or provision of these Terms of Service does not waive that right or provision.
These Terms of Service and any policies or operating rules we publish on this site or in relation to the Services constitute the entire agreement and understanding between you and us. They govern your use of the Services, superseding prior or contemporaneous agreements, communications and proposals, whether oral or written, including previous versions of these Terms of Service.
Ambiguities in interpreting these Terms of Service must not be construed against the drafting party.
Section 20 – Assignment
You must not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our written consent; any attempted assignment will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without notice to you or your consent.
Section 21 – Governing law
These Terms of Service and any separate agreements under which we provide Services to you shall be governed and interpreted in accordance with the federal, state or territorial courts in the jurisdiction where PhytoHeal MedTech is headquartered. You and PhytoHeal MedTech agree to venue and personal jurisdiction in those courts.
Section 22 – Headings
The headings in this agreement are included for convenience only and do not limit or affect these Terms.
Section 23 – Changes to the Terms of Service
You can review the current Terms of Service at any time on this page.
At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by publishing updates and changes on our website. You are responsible for checking our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services following changes to the Terms of Service constitutes your acceptance of them.
Contact PhytoHeal MedTech
Email: info@phytohealmedtech.com