This website is owned and operated by OVOS Natural Health Inc. (hereinafter “OVOS”), for your personal and non-commercial use and information. Your use of this website is subject to the following terms and conditions of use and sale (“Terms”) and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these Terms. If you do not agree with any of the Terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the website or such material. This website is based in Canada and OVOS is not responsible for compliance with foreign laws, regulations, ordinances and rules. If the laws, regulations, ordinances and rules in your jurisdiction render the Terms void in whole or in part (including, without limitation, the provisions relating to governing law, disclaimer and limitations), you are not authorized to use this website.
OVOS reserves the right to change, modify, alter or otherwise update the Terms applicable to this website without prior written notice at any time, and from time to time, at OVOS’s sole discretion. Any such changes, modifications, alterations or updates to the Terms will be reflected in the Terms posted and the date of the posting will be updated accordingly. Any change in that “Last updated” date will indicate that the Terms have been updated and your continued use of this website will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.
Information on this website is provided for information purposes only and is not meant to substitute for the advice provided by your family physician or other medical professionals, including pharmacists or naturopathic doctors. You should not use the information contained on this website for diagnosing or treating a health problem or disease or prescribing any medication.
Our privacy practices respecting the information we collect during your visit to this website are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to the use of your personal information by OVOS in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
This website is intended for use by adults only. You represent that you are at least the age of majority to purchase and/or consume the products of OVOS, including VIVIMIND™ (collectively, the “Products”), in the jurisdiction of your residence or purchase/use. You further represent that you understand the information that is made available on this website, including about the Products.
If you register on the site for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. OVOS reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
The statements regarding our Products and the Products themselves have not been evaluated or approved by the Food and Drug Administration in the United States, Health Canada in Canada or any other regulatory authority or body. Our Products are not intended to diagnose, treat, cure or prevent any disease. The product information on this website, including description, potential effects and benefits of VIVIMIND™, is intended for general information purposes only. It is not intended to provide complete medical information or to be a substitute for informed medical advice or care. You should not use this information to diagnose or treat any health problems or illnesses, or prescribe any medication, without consulting your family doctor, health care professional and/or pharmacist. You should carefully read all information provided by OVOS on the website and included with the Product's packaging and labels before using any Product. You should consult your family doctor, health care professional and/or pharmacist and/or naturopathic doctor for any health problem and before using any supplements or before making any changes in prescribed medication.
OVOS makes absolutely no representations or warranties in respect of the right of any person or company to import natural health products, vitamins, supplements, herbal medicines or pharmaceutical products across provincial, state or international boundaries. It is your responsibility to determine whether you may lawfully import to and/or use our Products in your country, province, state, region, county, city or town of residence or of use. Products are imported by you (the importer of record) and you are responsible for customs, duties, taxes and other charges related to importing the product in your country, province, state, region, county, city or town of residence or of use. OVOS attempts to be as accurate as possible in describing all Products available for sale and/or distribution by OVOS. However, OVOS does not warrant that Product descriptions or other content on this website are accurate, complete, reliable, current or error-free.
The availability of certain Products may be limited, and Products may not be available for immediate delivery. OVOS may revise or cease to make available any Products at any time without prior notice. In the event that OVOS is unable to deliver to you a Product ordered due to lack of availability, OVOS will notify you via e-mail and your order will be automatically cancelled with respect to such unavailable Product, provided that OVOS may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order, such order will constitute an offer from you to OVOS to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on OVOS until accepted by it. OVOS’s acceptance of your order is evidenced by return e-mail from OVOS indicating that your order has been accepted. Payment in full is due immediately upon placing an order. Orders will not be shipped until payment for your purchase (including shipping (postage)) has been received in full and cleared by OVOS.
When an order is placed, it will be shipped to an address designated by you. It is your responsibility to submit and confirm the correct shipping information at the time of purchase. OVOS will not be held responsible for shipments made to incorrect or fraudulent addresses. We reserve the right to limit quantities. Large quantity orders cannot be processed through our website. THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
All our prices and Product orders are quoted and shall be processed in Canadian dollars. Although OVOS strives to provide accurate Product and pricing information, errors may occur. OVOS reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. OVOS cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the website and/or the Order Confirmation) is incorrect due to an error in pricing or Product information, OVOS may, at its sole discretion, refuse or cancel your order, whether before or after OVOS’s acceptance thereof. If there is such an error in pricing, OVOS will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
You hereby consent to the exchange of information and documents between you and OVOS over the Internet or by e-mail, and you agree that these Terms, together with any applicable Order Confirmation(s) accepted by OVOS in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
OVOS reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, OVOS will issue a full refund.
Terms of payment for any Products purchased through this website shall be determined at OVOS’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by OVOS. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
OVOS will ship the Product(s) ordered using an internationally recognized shipping company to the address indicated in the Order Confirmation. Delivery times provided by OVOS are estimates only.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable taxes (such as sales taxes, VAT and any other taxes), whether levied by federal, state, provincial or any other authorities. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Canadian purchasers are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.
OVOS is not responsible for the collection or payment of taxes or duties for purchases made by persons outside of Canada and/or shipped to foreign addresses.
Where delivery of a Product ordered cannot be completed as a result of the customs regulations of the country to which the Product is being shipped, OVOS shall reimburse you in full for the purchase price and the shipping fees paid.
All Products purchased from OVOS are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by OVOS of the Product(s) to the third party delivery company. You are responsible for filing any claims with carriers for damages and/or lost shipments. OVOS shall not be liable for any loss, damages, confiscation or Acts of God that occur during transit. “Acts of God” include catastrophes, such as, but not limited to: plane crashes, unforeseeable delays or accidents, destruction due to domestic and international unrest (i.e. riots, war, public enemies), illegal confiscation, seizure by international customs officials and/or security services, strikes, or losses as a result of quarantine, healthcare crisis or natural disaster.
Due to safety reasons, OVOS cannot accept returns. All purchases are final. If, in the rare event, your order arrives damaged (or the safety seal is broken) please DO NOT CONSUME THE PRODUCT and please call our Customer Support Centre toll free in North America at 1-877-544-8484 between 9am and 5pm ET, Monday to Friday, tell the representative your Order Confirmation Number and that your order has been damaged or tampered with. The representative will provide you with instructions on how to return it. From all other locations, write to our customer service e-mail: info@ovos.com. Once inspected, and damage or tampering claims are confirmed, a new order will be processed and shipped immediately.
OVOS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, THE GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. OVOS DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND OVOS DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (i) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (ii) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION; OR (iii) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS.
BECAUSE CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE AND, IN PARTICULAR, YOU SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS WEBSITE. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OVOS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PRODUCTS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY OVOS WEBSITE, EVEN IF OVOS OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, IN NO EVENT WILL OVOS BE LIABLE TO YOU FOR YOUR IMPORTATION OR USE OF THE PRODUCTS OR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, OVOS’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR EMPLOYEES, AGENTS, MANDATARIES OR SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF OVOS.
IF, DESPITE THE LIMITATIONS ABOVE, OVOS IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THIS WEBSITE OR YOUR IMPORTATION OR USE OF THE PRODUCTS, IN NO CASE WILL OVOS’S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
FOR THE PURPOSES OF THIS SECTION, “OVOS” AND ITS AFFILIATES SHALL INCLUDE OVOS’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS AND THIRD-PARTY SUPPLIERS. USE OF THIS SITE IS UNAUTHORIZED IN ANY JURISDICTION WHERE SUCH USE MAY VIOLATE THE LEGAL REQUIREMENTS OF SUCH JURISDICTION AND YOU AGREE NOT TO ACCESS THIS WEBSITE IN ANY SUCH JURISDICTION. YOU WILL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by OVOS, and OVOS does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of OVOS. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of OVOS or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, OVOS authorizes you to make one electronic or paper copy of the information posted on any page of this website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this website or its contents; any collection of product listings, descriptions or prices; any other derivative use of this website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on this website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of OVOS without express written consent of OVOS. You may not use any meta tags or any other “hidden text” utilizing OVOS’s name or trademarks without the express written consent of OVOS. Any unauthorized use of this website and/or its contents terminates the permission or license granted by OVOS.
Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of OVOS or any other person or entity.
Other than your account information and your information needed to process orders, OVOS does not wish to receive confidential, secret or proprietary information or material from you through this website or by other means.
You acknowledge that information or material which you provide electronically through your access to or usage of this website, including but not limited to, your ideas, suggestions, comments and other feedback regarding your use of this website or the Products, is not, except as may be required under applicable law or pursuant to OVOS’s Privacy Policy, secret, confidential or proprietary. You consent to OVOS using any such information or material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of OVOS or the disclosure of your identity, in accordance with OVOS’s Privacy Policy
Furthermore, you acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that any and all such information or material which you provide to OVOS, whether provided by you electronically by accessing or using this website or otherwise, and OVOS’s use of this information and material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.
OVOS may monitor the access to its websites and other activities in relation to its website and may intervene in this regard. However, OVOS makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if OVOS ever decides to do it.
Links and references to other websites are provided to you as a convenience only. OVOS has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links. OVOS does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon and shall not be liable for any damages or injury arising from that content. You may not create links from other websites to this website, except if expressly permitted by OVOS. (To obtain permission, contact our Website administrator at info@ovos.com.)
You agree not to introduce into or through this website or any other OVOS website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
OVOS may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this website or any aspect of it, and OVOS will not be liable to you or any third party for doing so. OVOS may also impose rules for and limits on use of this website or restrict your access to part, or all, of this website without notice or liability. All rights not expressly granted in these terms are reserved to OVOS.
These Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
This website resides on a server in Ontario, and is controlled and operated by OVOS from Laval, Quebec, Canada and these Terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You hereby acknowledge and agree that any dispute that may arise between you and OVOS in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts, tribunals, agencies and other dispute resolution organizations sitting in Montreal, Quebec, Canada and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OVOS makes no representation that materials, information or Products provided on or through this website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
OVOS may use “cookies” to track your preferences and activities on the OVOS website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the website.
The failure of OVOS to enforce any provisions of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of OVOS to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
Products sold or delivered under these Terms shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to defend and hold OVOS harmless against all claims, damages or liability resulting from breach of the foregoing.
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and OVOS with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by OVOS making such amendments or modifications available to it pursuant to the terms hereof.
You may not assign your rights or obligations herein without the express written consent of OVOS.
OVOS reserves the right, at its sole discretion, to terminate your access to all or any part of this website, with or without notice.
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
These terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms is available here.