These terms and conditions outline the rules and regulations for the use of MyBusySpa’s Website and online purchases
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use MyBusySpa’s website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Access to the Website and/or certain sections thereof may require the use of passwords. In such case it is up to you to take the necessary steps to keep such passwords secret. You may change them at any time. However, the number of attempts to access the Website and/or certain section thereof may be limited in order to prevent any fraudulent use of such passwords. Please inform us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these terms and conditions, we reserve the right to suspend your access.
Unless otherwise stated, MyBusySpa and/or its licensors own the intellectual property rights for all material on MyBusySpa.com. All intellectual property rights are reserved.
You must not:
Republish material from https://www.mybusyspa.com
Sell, rent or sub-license material from https://www.mybusyspa.com
Reproduce, duplicate or copy material from https://www.mybusyspa.com
Redistribute content from MyBusySpa (unless content is specifically made for redistribution).
4. USER COMMENTS
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. MyBusySpa does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of MyBusySpa, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws MyBusySpa shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
MyBusySpa reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions. You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so.
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party.
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy.
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to MyBusySpa a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
5. HYPERLINKING TO OUR CONTENT
The following organizations may link to our Website without prior written approval:
- Government agencies
- Search engines
- News organizations
- Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls,
and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or
approval of the linking party and its products or services; and
(c) fits within the context of the linking
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources.
- dot.com community sites.
- associations or other groups representing charities, including charity giving sites, online directory distributors.
- internet portals.
- Accounting, law and consulting firms whose primary clients are businesses.
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
(a) The link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link).
(b)The organization does not have an unsatisfactory record with us.
(c) The benefit to us from the visibility associated with the hyperlink outweighs the absence of MyBusySpa.
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Website information so long as
the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval
of the linking party and it products or services; and (c) fits within the context of the linking party’s
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com.
Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name.
- By use of the uniform resource locator (Web address) being linked to.
- By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of MyBusySpa’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also
reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any
page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury resulting from negligence.
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
- Limit any of our or your liabilities in any way that is not permitted under applicable law.
- Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
AGREEING TO OUR PURCHASE TERMS AND CONDITIONS
7. ACCEPTANCE OF ORDERS
We may limit quantities available for sale or sold, and we reserve the right at any time to reject or correct any order for any reason whatsoever. Unless otherwise indicated, all prices and other amounts are in Canadian dollars.
8. ADVICE AND PRODUCTS
The advice provided on this Website and/or the products made available do not replace obtaining expert advice from a physician. The information we deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for medical treatment. Accordingly, we cannot guarantee your entire satisfaction with the advice that results from the use of such recommendations or products and assume no liability for any use you may make thereof. For any further information or in the event of doubt, we recommend that you consult your physician.
9. YOUR ACCOUNT
When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses Our Website or Services using your Account Information, We will rely on that Account Information and will assume that it is really you or your representative who is accessing the Website and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which We may otherwise have, We reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Website and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Website or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms and Conditions. In no event will We be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify Us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
10. SHIPPING & DELIVERY
The delivery date of your purchase depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment, including delivery method, carrier and estimated date of delivery or time for delivery, are described during the purchase process, but we reserve the right to use a substitute carrier for your purchase at any time, at our discretion.
11. METHODS OF PAYMENT
You can pay for any purchase you make online by using a MasterCard, VISA or American Express card, or by using a PayPal account. By submitting your payment by credit card, you authorize MyBusySpa to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted and MyBusySpa will have no obligation to fulfill your order.
12. REFUNDS & RETURNS
The return or refund of any product purchased through the Website is subject to MyBusySpa’s Return policy available at https://www.mybusyspa.com.
If we discover that a product’s price, description or specifications are misstated or incorrect, we will endeavour to correct the error on our Website. If we make an error with regard to your order, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges).
14. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY AND INDEMNITY
Other than for express, legal or implied warranties that may not be disclaimed or excluded under applicable law, the products and services you purchase through this Website are provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind. MyBusySpa and its suppliers are not liable for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the products or services you purchase or these terms of purchase including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, civil liability, strict liability or any other theory or law equity).
These Terms of Purchase and all related matters are governed solely by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein. Any dispute arising from, connected with or relating to these Terms of Purchase, or any related matters (“Disputes”) will be resolved by the laws of the Province of Quebec, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of these Terms of Purchase is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms of Purchase and the remaining provisions will continue in full force and effect.
These Terms of Purchase enure to the benefit of MyBusySpa and its successors, assigns and related persons. You may not assign any rights or obligations that you have under these Terms of Purchase. MyBusySpa may assign its rights and obligations under these Terms of Purchase without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Purchase will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
17. CONTACT INFORMATION
You may contact MyBusySpa by phone or mail:
4349 Rue Clark,
Montreal, Quebec, H2W 1X2
LAST UPDATED. These Terms and Conditions were last updated on January 10, 2022.