Scope
ClinAide Inc. ("ClinAide") provides website features to you subject to the following Terms and Conditions. These Legal Terms and Conditions apply to the entire ClinAide.com website and all portions of the site contained therein (excluding links to other websites as provided below). These Legal Terms and Conditions shall apply to any future portions of the ClinAide.com website (excluding links to other websites as provided below) unless otherwise stated.
Use of This Web Site
Use of this website and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this website constitutes your full acceptance of these Legal Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.
ClinAide makes every reasonable effort at providing unhindered access towards using the site. ClinAide makes no guarantees of and/or warranties towards uninterrupted service, including but not limited to updates, server outages, and so forth. In the event of an interruption of service ClinAide will make every reasonable effort to have the website online at its earliest opportunity.
By purchasing a product from any Marketplace Seller (hereby “Merchant”) on the ClinAide platform, you acknowledge that ClinAide is not an agent for the Merchant in connection with sales of the hosted products and all orders will be fulfilled by the Merchant and not ClinAide.
No Unlawful or Prohibited Use
As a condition of your use of the ClinAide website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair any ClinAide server, or the network(s) connected to any ClinAide server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to any computer systems or networks connected to any ClinAide server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website. ClinAide makes no representation that the website is appropriate or available for use in locations outside Canada, and accessing the website from territories where such content is illegal is prohibited. Those who choose to access this website from locations outside Canada do so at their own initiative and are responsible for compliance with all applicable laws.
Deep links to the Website without the express written permission of ClinAide are strictly prohibited. ClinAide may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
Framing, mirroring, scraping or data-mining the Site or any of its content in any form and by any means is strictly prohibited.
Security
You are responsible for maintaining the security and confidentiality of your login information and for restricting access to your computer, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify ClinAide of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the ClinAide website, anything that you submit or post to the website and/or provide us, including without limitation, reviews, comments, ideas, know-how, techniques, questions, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the website, you also grant us the right to use the name that you submit with any review or your user account name, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this website and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. Submissions may be posted so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of software viruses, political campaigning, commercial solicitation, links to other websites or any form of "spam." You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions, including comments or reviews, for any reason.
Typographical or Other Errors
ClinAide provides a customized database to enhance user functionality while navigating the Site. Comparison attributes may differ from product titles or descriptions to provide an enhanced user experience.
While ClinAide Inc. makes reasonable efforts to provide information which is accurate, ClinAide Inc. does not guarantee that its efforts will always be successful. Therefore, as set below, ClinAide Inc. does not warranty that the Site materials will be free of errors and disclaims any liability for such errors.
Images
Images are provided for illustrative purposes only and may not reflect the actual packaging, contents, color, etc. of the listed item. Users should refer to the product description for the product packaging or the manufacturers website.
Products labelled Best Seller and Clinic Choice are for reference only and are not a definitive category. Best Sellers reflect current user statistical monitoring relating to searches and/or purchases, whereas Clinic Choice are only recommendations based off clinical preference and will vary by clinician.
Pricing
ClinAide Product Price Policy
Prices on the ClinAide website are subject to change at any time without notice. No price is confirmed until the checkout process is complete. In the event of a typographic error, error in pricing or error in product description received from our Merchant(s), we shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
ClinAide Price Definition: Listed price comparisons reflect the highest price published by any distributor for a given product as found within the Canadian market.
Savings Definition: Savings are determined by a maximum saving amount based on comparison pricing between market and product list pricing, with Best Deal products being variable based on quantity ordered, shipment costs, promotional offers and additional fees that may not be known to or controlled by ClinAide.
Manufacturer Code Definition: Manufacturer codes for dental supply products are provided as a reference only for comparisons and may not reflect the code of the product sold by any respective Merchant. It is recommended to confirm product codes with the Merchants prior to ordering with them.
Orders, Shipping and Returns
ClinAide Marketplace acts as a hosting platform to allow review of comparable market sources to connect clinicians to potential merchants. ClinAide does not control the submission, placement and/or control of ordering from listed merchants or their shipping and return policies which will vary based on the respective merchant ordered from.
Orders completed by ClinAide, such as Scrubs, will be subject to the following shipping and return policy.
Shipping: All orders are subject to a 24-48 hour processing time. Standard (i.e. plain) order items typically arrive within 7 to 14 business days of receipt of the order, pending on product availability and subject to delivery location and/or order size. Customized items (i.e. embroidery or print) may require additional time to arrive (approximately 7-10 additional business days). Due to the heavier weight of larger orders, additional shipping charges may apply.
The place of delivery of the orders will be set out on the order confirmation. Any dates quoted for delivery of the orders are estimated dates only. ClinAide and the Merchant do not provide any covenant or warranty about any specific delivery date and ClinAide and the Merchant will not be liable for any loss or expenses sustained by the Customer arising from any delay in the delivery of the orders however caused.
Returns and/or Exchanges: We understand when something may not go as expected and are here to help.
Please note all products must be in their original condition: unwashed, unworn, unaltered, with tags attached and in their original packaging and received within 14 days of delivery.
Process to initiate a return or exchange is as follows;
Please note shipping fees on returns and/or exchanges are the customers responsibility.
Please allow 10 to 20 business days from the date we receive your package to process your return or exchange request. Please allow up to an additional 5 business days for transactions to be applied to your original payment method and 1 to 2 billing cycles for the transaction to reflect on your billing statement.
If your purchase qualified for free standard shipping and a partial return order results in an order less than the free shipping amount the shipping fee will be deducted.
Postage, shipping, and handling fees are not refundable, you will receive a refund for the cost of the product. Clearance items and altered/personalized items are non-refundable.
Orders over $1000 are final sale and non-refundable. Large orders may be subject to verification for order approval prior to shipment.
No restocking fees will be applied to exchanged items. Items returned for refund will be subject to a 25% restocking fee unless deemed to be damaged, defective or incorrect order.
Damaged or defective items must be reported within 3 days of receiving the order.
Payment: ClinAide uses a third party payment processor to protect your information. The billing address you enter must match the address your credit company has on file. Your order will not be processed without good credit card information.
The Customer agrees that all purchases of products are for final use and the Customer will not resell any products to other persons in any circumstance to make a profit.
Links to Other Web Sites
This website may contain links to other websites not owned or managed by ClinAide Inc. or its affiliates. ClinAide provides such links solely for the convenience of our visitors. ClinAide is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by ClinAide. The inclusion of links to such sites does not imply approval or endorsement of the site by ClinAide or any association with its operators. We urge you to read the terms of use policies on linked websites before utilizing their products or services as ClinAide is not responsible for these areas.
Proprietary Rights
Copyrights. ClinAide is the owner or licensee of all copyrights in and to the content on this website, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this website; and (ii) the design, selection and arrangement of this website. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this website and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the website solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with ClinAide or its licensors. ClinAide and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this website for any purpose not expressly authorized herein without the prior written permission of ClinAide or its licensors is forbidden.
Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of ClinAide Inc., or other third parties that have granted ClinAide the right and license to use such Marks. Nothing contained on this website should be construed as granting any license or right to use any such Marks without the written permission of ClinAide or such third party that may own the Marks displayed.
Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this website by you and all information provided by you in any manner consistent with our Privacy Policy to read our Privacy Policy, which is incorporated into these Legal Terms and Conditions by reference.
Disclaimers of Warranties
CLINAIDE MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEBSITE. CLINAIDE PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEBSITE WITHOUT NOTICE. FURTHER, CLINAIDE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEBSITE. CLINAIDE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
ClinAide makes no representation that the website or its contents are appropriate for use in every country of the world. Your use of this website is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the website may not be legal by certain persons or in certain jurisdictions.
Some jurisdictions may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases
ClinAide does not provide warranty for products of the Merchants and cannot guarantee they have been licensed in accordance with Canadian law.
Limitation of Liability
Use of the ClinAide website or any software application installed by you in connection with the use of this website, is at your sole risk. While ClinAide makes reasonable efforts to ensure the safety and functionality of our website and any software applications associated with its website, these efforts may fail and errors may occur. IN NO EVENT SHALL CLINAIDE OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE (OR THE CONTENT PROVIDED AT THIS WEBSITE ON ANY WEBSITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEBSITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEBSITE (OR ANY OTHER WEBSITE), ON ANY THEORY OF LIABILITY. CLINAIDE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF CLINAIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CLINAIDE'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO CLINAIDE FOR ACCESSING THIS WEBSITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEBSITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
Indemnification by User
You agree to defend, indemnify, and hold harmless ClinAide and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this website.
Termination
ClinAide shall have the right immediately to terminate this agreement with you and your use of the website if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which ClinAide determines in its sole discretion to be unacceptable.
Choice of Law and Forum
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario. The courts of the Province of Ontario are to have jurisdiction to settle any dispute arising out of or in connection with this Agreement.
Records
A printed version of these Legal Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Legal Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, ClinAide's records shall be conclusive in all respects.
Integration and Severability
These Legal Terms and Conditions constitute the entire agreement between you and ClinAide Inc. with respect to this website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ClinAide with respect to this site. If any part of these Legal Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.