Home/Terms of Service
Effective Date: January 1, 2025|Last Updated: January 1, 2025
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS IN RESOLVING DISPUTES.
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and WOXY Health Inc. ("WOXY," "Company," "we," "us," "our") governing your access to and use of our website at www.woxy.ca and all related services, features, and content (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
You agree that the electronic form of this Agreement satisfies any writing requirement and that your electronic acceptance of these Terms has the same legal force and effect as if you had physically signed this Agreement.
Certain Services may be subject to additional terms and conditions, which will be presented to you when you access those Services. Such additional terms are incorporated into these Terms by reference, and in the event of a conflict, the additional terms shall prevail with respect to the relevant Services.
WOXY provides health assessment and wellness monitoring services, including but not limited to:
Our Services are designed to provide health information and wellness monitoring, not to diagnose, treat, or prevent any disease or medical condition. Our Services are not a substitute for professional medical advice, diagnosis, or treatment.
We reserve the right to modify, suspend, or discontinue any Service at any time without notice. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. We may temporarily restrict access to the Services for maintenance, upgrades, or other reasons.
You must be at least 18 years of age to use our Services. If you are under 18, you may only use our Services under the supervision of and with the consent of a parent or legal guardian. The parent or guardian assumes full responsibility for the minor's use of the Services.
Our Services are currently available only in Canada. By using our Services, you represent and warrant that you are located within Canada, or that you understand and accept that the Services may not be available or appropriate for your jurisdiction.
You represent and warrant that you have full legal capacity to enter into binding contracts and that your use of the Services does not violate any applicable law or regulation.
To use certain Services, you may be required to create an account. You agree to provide accurate, complete, and current information and to update such information promptly when it changes.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any other security information. You agree to:
You are fully responsible for all activities that occur under your account, whether or not authorized by you. WOXY shall not be liable for any loss or damage arising from unauthorized access to your account.
All appointments are subject to confirmation. Appointment confirmations will be sent via email and/or SMS. You are responsible for ensuring that the contact information you provide is accurate.
You may cancel or reschedule an appointment free of charge at least 24 hours before the scheduled time. Cancellations made less than 24 hours before the appointment or no-shows may be subject to a cancellation fee of up to 50% of the service cost.
If you arrive more than 15 minutes late, we may need to shorten your appointment or reschedule. If lateness prevents us from providing the full service, you may need to reschedule and may incur additional charges.
We reserve the right to cancel or reschedule appointments due to unforeseen circumstances, including but not limited to staff illness, equipment failure, or emergencies. In such cases, we will notify you as soon as possible and arrange an alternative appointment or full refund.
All prices are in Canadian Dollars (CAD) and do not include applicable taxes unless otherwise stated. We reserve the right to change prices at any time, but price changes will not affect confirmed appointments.
We accept payment by major credit cards (Visa, Mastercard, American Express) and debit cards. All payments are processed through secure third-party payment processors.
Unless otherwise specified, payment for Services is due at the time of booking or before the Service is provided. For certain Services, we may require a deposit in advance.
Refunds will be processed according to the following conditions:
If you dispute any charge, please contact us within 30 days of the charge. Disputes raised after this period may not be honored.
IMPORTANT MEDICAL DISCLAIMER: THE SERVICES PROVIDED BY WOXY ARE FOR HEALTH INFORMATION AND WELLNESS MONITORING PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. OUR SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.
Our health assessments and reports are designed to provide health information to help you better understand your health status. This information should not be considered medical diagnosis or treatment recommendations.
You should always consult with a qualified healthcare provider regarding any medical condition or health concern. Never disregard professional medical advice or delay seeking medical care because of information you have received from our Services.
If you believe you have a medical emergency, call 911 or go to the nearest emergency room immediately. Our Services are not intended for emergency medical situations.
Health test results may be affected by various factors, including but not limited to sample collection, processing, and analysis methods. Test results should be interpreted in the context of your overall health status and medical history and should be reviewed by a qualified healthcare professional.
You agree to provide accurate, complete, and truthful health information and personal information. Providing false or misleading information may affect the accuracy and effectiveness of our Services and may pose risks to your health.
You agree to follow all preparation instructions and guidelines we provide, including but not limited to fasting requirements before tests, medication restrictions, and other preparatory steps.
You agree to disclose all relevant health information that may affect our Services, including but not limited to:
You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations.
When using our Services, you agree not to engage in the following conduct:
Our Services and all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by WOXY, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for your personal, non-commercial purposes.
Without our prior written consent, you may not:
WOXY, WOXY Health, and related logos are trademarks of WOXY Health Inc. You may not use these trademarks without our prior written consent.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOXY, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR:
Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute services.
In no event shall WOXY's total liability to you for all claims arising out of or relating to the use of or inability to use the Services exceed the amount paid by you to WOXY during the 12 months prior to the claim, or CAD $100, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless WOXY, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim, liability, damage, judgment, award, loss, cost, expense, or fee (including reasonable attorneys' fees) arising out of or relating to:
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WOXY does not warrant that:
Our Services may contain links to third-party websites or services. WOXY is not responsible for the content, privacy policies, or practices of any third-party websites or services.
You may terminate this Agreement at any time by discontinuing your use of our Services and deleting your account.
We may terminate or suspend your access to the Services immediately, without prior notice, in the following circumstances:
Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, and indemnification provisions.
Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us. We will attempt to resolve the dispute within 30 days of receiving your complaint.
If a dispute cannot be resolved informally, you and WOXY agree to resolve any dispute through binding arbitration rather than in court. Arbitration will be conducted in accordance with the rules of the Canadian Arbitration Association, with the seat of arbitration in Toronto, Ontario.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class action or other representative proceeding. You waive any right to participate in a class action or class-wide arbitration.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. For any disputes not subject to the arbitration clause, you agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent as much as possible. The remaining provisions of these Terms shall continue in full force and effect.
These Terms, together with our Privacy Policy and any other legal notices or policies we may publish, constitute the entire agreement between you and WOXY regarding the Services and supersede all prior or contemporaneous oral or written agreements, communications, and proposals between you and WOXY regarding the Services.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a modification is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any modifications become effective, you agree to be bound by the modified Terms. If you do not agree to the new Terms, please stop using the Services.
If you have any questions, comments, or complaints about these Terms of Service, please contact us at:
WOXY Health Inc.
Unit 356 – 4750 Yonge Street
Toronto, ON M2N 0J6, Canada
Email: legal@woxy.ca
Phone: +1 365-698-5115
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ANY PART, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF OUR SERVICES.