Terms of service
Last Updated: September 3, 2026
This website at www.nioxincanada.com, including and any other mobile application, website application or other online services owned or operated by 2371393 Ontario Inc. or its affiliates that link to these Terms & Conditions, related downloads, documentation, tools, functionality information and content provided or made available in connection with these Terms & Conditions (collectively, “Site”) is operated by 2371393 Ontario Inc., 75 Unsworth Drive, Hamilton, Ontario, L8W 2T7, Canada (hereinafter referred to as, “237”, “we”, “us”, or “our”). 237 may be contacted at the above address. These Terms & Conditions (together with any Additional Terms) (“Terms & Conditions”) are a binding contract between you or the entity you represent (“you,” or “your”) and 237 and govern your access to the Site.
We appreciate your interest in the products and services on the Site and your visit to the Site.
The use of this Site is subject to these Terms & Conditions which set out the basic rules that govern your use of the Site. Please read the Terms & Conditions carefully. By using the Site you confirm your acceptance of these Terms & Conditions and to be bound by them. If you do not agree to the Terms & Conditions, please do not ACCESS OR use the Site.
1. OTHER DOCUMENTS ADDRESSING USE OF THE SITE
We provide this Site to you subject to these Terms & Conditions and all Additional Terms. The following policies provide further information about our practices:
• We use and process your personal information according to our Privacy Policy and Consumer Health Data Privacy Policy (as may be updated from time to time), which are available at https://nioxincanada.com/policies/privacy-policy. You agree that we may collect, use, retain, disclose, and dispose of your personal information to the extent permissible by law and as described in these policies and that our policies will govern our handling of your personal information to the fullest extent permitted by law.
• Our Cookie Notice, which is available at https://nioxincanada.com/policies/privacy-policy. Our Cookie Notice governs our use of cookies and similar technologies on our Site. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.
2. MODIFICATION
2.1. We reserve the right to change, edit, delete or revise the content of the Site from time to time, including modifying these Terms & Conditions, in our sole discretion at any time and without prior notice to you. Please check this page for changes which have been made to the Terms & Conditions. Any changes will become effective when we post the revised Terms & Conditions on our Site. Therefore, our use of the Site after a change has been posted constitutes your acceptance of the amended Terms & Conditions. Please check these Terms & Conditions regularly to ensure you agree to them. If you object to any changes, you may discontinue use of our Site. The date on which these Terms & Conditions were last updated is shown in the “Last Updated” legend above.
2.2. We do not guarantee that the Site, any page or any content on the Site will always be available or be uninterrupted. We may also intentionally withdraw or restrict the Site or any part thereof in our sole discretion at any time without notice.
3. Additional Terms
Certain features or services offered on the Site may be subject to separate guidelines, terms and conditions which may be posted from time to time or made available at the time of access or download (“Additional Terms”). All Additional Terms are hereby incorporated by reference into these Terms & Conditions. These Additional Terms govern if there are any conflicts with these Terms & Conditions.
3.1. Product purchases made through the Site are subject to our Terms of Sale which are hereby incorporated into these Terms & Conditions.
3.2. Reserved.
4. REGISTRATION, ACCOUNTS AND PASSWORDS
4.1. Your right to use our Site is not transferable. Accessing certain services on the Site may require registration and the creation of an account (“Account”). It is a condition of your use of the Site that the details you provide upon registration or at any time are current, complete and accurate, and inform us immediately of any changes to the details you provided when registering.
4.2. This Site is offered and available to users who are 18 years of age or older and reside in Canada. By using the Site, you represent and warrant that you are of legal age to form a binding contract with 237 and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
4.3. When you register for an Account on the Site, you will be asked to create a password. You agree to be responsible for maintaining the confidentiality of your Account details and password, to not authorize any third party to use your Account, and for restricting access to your computer to prevent unauthorized access to your Account. You agree that you will not solicit, collect or use the login credentials of other individuals, and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use. We prohibit the creation of, and you agree that you will not create, an Account for anyone other than yourself or the entity on whose behalf you are entering into these Terms & Conditions. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at support@nioxin.com. if you have reason to believe that your Account details or password have been lost, if suspect any unauthorized use of your Account, or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your Account for any reason or for no reason at any time, as determined in our sole discretion.
4.4. Please click on the ‘Forgot your password’ prompt during login if you need to reset your password at any time. You are responsible for all activities that occur under your Account or password, and we will not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms & Conditions.
5.1. We are the owner or the licensee of all copyright, design rights, database rights, service marks, trade names, logos, trademarks (whether registered or not) and other intellectual property rights in this Site, and in the material we publish on it, contents, features, and functionalities. All such rights are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Your use of the Site and its contents grants no rights to you in relation to our intellectual property rights or the intellectual property rights of third parties. All such rights not expressly granted are reserved.
5.2. You are granted a limited license and may access this Site and its contents only as specifically authorized herein, subject to the restrictions provided in these Terms & Conditions for your personal, non-commercial use. Any other use is prohibited unless agreed to by us in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Site.
5.3. You may not modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, display, post, transmit or sell any content or intellectual property appearing on this Site.
5.4. If you print off, copy or download any part of this Site in breach of these Terms & Conditions, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
This Section 5 will survive the termination of the Terms & Conditions.
6. LINKS TO THIRD PARTY WEBSITES
6.1. Links to third party content or websites may appear on our Site from time to time. The use of third-party websites is entirely at your own risk. Links contained in the Site will lead to other websites not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site. Links provided on the Site are provided to you only as a convenience and the inclusion of any link does not imply reliability or endorsement by us of the content of any third party’s website. This includes links contained in advertisements, including banner advertisements and sponsored links. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our Site, suitable or appropriate for use or viewing, lawful or accurate.
6.2. These Terms & Conditions do not apply to any third-party website linked to the Site and instead are governed by their own terms of use and their privacy policies. You should read the terms and conditions of those websites, and their privacy policies, before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
6.3. You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep-linking, framing, toggling or otherwise), nor may you frame the Site on a third party site, without our prior written consent, which we may grant or withhold at our absolute discretion.
7. Text Message Program Terms
7.1. By providing us with your cell phone number (including as part of your Account), you consent to receive autodialed or pre-recorded, non-marketing, service-related text messages (e.g. order confirmation, shipment notices, account security notifications, etc.) from or on behalf of us at the phone number provided. Separately, you may elect to provide your express consent on the Site to receive autodialed marketing text messages from us, including messages regarding products, services, offers, promotions, and other marketing communications. Providing such consent is optional and is not required as a condition of purchasing any product. You may withdraw your consent at any time as described below.
7.2. For any text messages, message and data rates may apply. The frequency of text messages that we send to you may vary, and transactional messages will vary depending on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you do not wish to continue receiving marketing text messages, you may withdraw your consent to receive marketing text messages at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out. You may receive an additional mobile message confirming your decision to opt out.
7.3. YOU UNDERSTAND AND AGREE THAT WE MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY PRODUCTS OR SERVICES.
8. RESTRICTIONS
8.1. You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our Site or any part of it, our systems, any of our hardware or equipment or any networks on which our Site is hosted, any software that we use to create or modify the Site or to make the Site available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
8.2. You must use our Site for lawful purposes only and in accordance with these Terms & Conditions. You must not use our Site:
8.2.1. to price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling or other technology.
8.2.2. to attempt to gain unauthorized access to the Site, or our servers, or any hardware supporting the Site. Nor may you attempt to reconfigure the Site in any way.
8.2.3. to misuse the Site in any manner, including to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Site, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content.
8.2.4. for any fraudulent or unlawful purposes whatsoever.
8.2.5. to conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us.
8.2.6. to communicate with, exploit, harm or attempt to harm minors in any way.
8.2.7. to engage in any other conduct that restricts or inhibits anyone’s use of enjoyment of the Site, interferes with the proper working of the Site, or which, as determined by us, may harm us or users of the Site, or expose them or us to liability.
8.2.8. in any way or for any purpose that breaches these Terms & Conditions or the terms of any of the documents to which these Terms & Conditions refer.
9. CONTENT ON THE SITE
9.1. Accessing, viewing, browsing, printing, or downloading of any content, logos, design, text, graphics, images, software, audio, video, forms, documents, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site (the “Content”) grants you only a limited, nonexclusive license for use solely by you in connection with personal use. Except as specifically permitted herein, you agree that you will not directly or indirectly: (1) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Site and its Content in any unauthorized manner; (2) use the Site and its Content in any service bureau arrangement; (3) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Site and its Content, or any part thereof in any form or manner or by any means; (4) harvest or scrape any content or data from the Site and its Content; (5) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Site and its Content; (6) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Site and its Content, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (7) use any means to discover the source code of any portion of the Site; (8) otherwise circumvent any functionality that controls access to or otherwise protects the Site; (9) modify any Content, except as expressly permitted under these Terms & Conditions; (10) breach the security of the Site or identify any security vulnerabilities thereof without our prior knowledge and permission; or (11) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of 237 and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You agree that all of your use of our Site will comply with applicable laws.
9.2. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms & Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.
10. USER CONTRIBUTIONS
10.1. Users of the Site may post, submit, publish, display, or transmit content, information, graphics, text, images, photos, images and other materials via the Site or otherwise (collectively “Contributions”) to other users or other persons, so long as such Contributions comply with our contribution standards, set out below in Section 10.2 (“Contribution Standards”). You are solely responsible for all Contributions that are uploaded, imported, template, posted, emailed, transmitted, shared, or otherwise disseminated by you using, or in connection with these interactive features of the Site. You are responsible for ensuring that your Contributions do not include sensitive personal information about yourself or any personal or sensitive information about third parties.
10.2.1. These Contribution Standards apply to any and all material which you contribute to this Site, and to any interactive services associated with it. You must comply with the spirit of the following Contribution Standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
10.2.2. Contributions must:
10.2.2.1. be accurate (where they state facts);
10.2.2.2. be genuinely held (where they state opinions); and
10.2.2.3. comply with applicable law.
10.2.2.4. be your own and not infringe on any third party’s rights.
10.2.3. Contributions must not:
10.2.3.1. contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
10.2.3.2. promote sexually explicit material;
10.2.3.3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
10.2.3.4. carry out, advocate, promote, assist any illegal act, including, but not limited to, violence or computer misuse or the infringement of the intellectual property rights of any other person;
10.2.3.5. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
10.2.3.6. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
10.2.3.7. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
10.2.3.8. give the impression that they emanate from us, if this is not the case;
10.2.3.9. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and our Privacy Policy;
10.2.3.10. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
10.2.3.11. impersonate any person, or misrepresent your identity or affiliation with any person or organization;
10.2.3.12. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
10.2.3.13. consist of or contain material that is generated by artificial intelligence without your review and approval prior to publication.
10.3. 237 does not claim ownership of Contributions. You grant to 237, its affiliates, and their service providers, licensors, suppliers and distributors, a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property and proprietary rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate Contributions (and derivative works thereof) in connection with the operation of the Site, 237’s business and to improve 237’s products and services, including for marketing purposes.
10.4. You represent and warrant that you have and will maintain all rights necessary to grant the rights in this Section and that Contributions do not infringe the rights of 237 or any third party or violate any agreement with or policy of 237 or any applicable law. If 237 suspects violations of the foregoing, 237 may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. YOU WAIVE AND HOLD HARMLESS 237 AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
10.5. We do not endorse any Contributions or any opinion, recommendation or advice expressed therein, and we disclaim all liability with respect to the Contributions posted by third parties.
10.6. Except as required by law, we reserve the right to screen, remove, edit, or reinstate Contributions at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove Contributions without penalty or notice if we believe that it violates our Contribution Standards.
10.7. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against [CO NAME] and its users any claims and assertions of any moral rights contained in such Feedback.
11. COPYRIGHT COMPLIANTS
11.1. It is 237’s policy to respond to claims of copyright infringement. If you believe that content available on or through the Site infringes your copyright, you may send a notice to us at info@wellabuybutton.com. Your notice should identify the copyrighted work or other subject-matter at issue, identify the content or location alleged to be infringing, state your interest or right in the copyrighted work or other subject-matter, and provide sufficient contact information for us to communicate with you.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12.1. THE SITE AND CONTENT and all information, content, services, products and activities offered, contained in or advertised on the Site, including without limitation text, video, graphics and links, are PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 237 AND OUR AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR CONTRIBUTIONS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SITE, INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, AND EXPRESSLY DISCLAIM FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. FURTHER, 237 DOES NOT WARRANT THAT SITE SHALL BE AVAILABLE ON AN UNINTERRUPTED BASIS OR VIRUS OR ERROR FREE, AND NO LIABILITY CAN BE ACCEPTED IN RESPECT OF LOSSES OR DAMAGES ARISING OUT OF SUCH UNAVAILABILITY. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. YOUR USE OF THE SITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. The Site may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. 237 is not responsible for any delays, delivery failures, or other damage resulting from such problems.
12.2. Access to and use of this Site is at the user’s own risk and we do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from the Site.
12.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL 237 BE LIABLE FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL, OR PERSONAL OR REAL PROPERTY OR FOR PERSONAL INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS & CONDITIONS, YOUR ACCOUNT, THE SITE, OR THE CONNECTION TO OR INTERACTION WITH ANY PRODUCTS OR SERVICES PROVIDED OR RECEIVED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. IN NO EVENT WILL NIOXIN’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS & CONDITIONS, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification
13.1. You agree to indemnify, defend and hold harmless 237 and our affiliates and subsidiaries, and us and their officers, directors, shareholders, employees, contractors, agents, licensors, and suppliers (the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages, judgments, awards, fines, fees, costs or expenses, taxes or interest or penalty thereon, including without limitation, reasonable attorneys’ fees and disbursements incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative (“Claim”), arising out of or in connection with (a) your use of the Site, (b) any improper alteration, use, distribution or reliance on the Content, (c) your Contributions, (d) your breach of these Terms & Conditions (including Additional Terms), any terms or policies governed by these Terms & Conditions, (e) your violation of any applicable laws, rules, or regulations through or related to the use of the Site; (f) your violation of any rights of any third party, or your negligence or willful misconduct, or (g) for any activity related to your Account or password, if any (including but not limited to negligent or wrongful conduct), by you or any other person accessing our Site using your Account or password. If you cause a technical disruption of our Site or the systems transmitting our Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
This Section will survive the termination of the Terms & Conditions.
14. BREACH OF TERMS; TERMINATION
14.1. Failure to comply with these Terms & Conditions may result in our taking all or any of the following actions:
14.1.1. immediate, temporary or permanent withdrawal of your right to use this Site;
14.1.2. immediate, temporary or permanent removal of any posting or material uploaded by you to this Site;
14.1.3. issue of a warning to you;
14.1.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
14.1.5. further legal action against you; and
14.1.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
14.2. We exclude our liability for all action we may take in response to breaches of these Terms & Conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
14.3. We reserve the right to suspend or terminate access to or withdraw or modify all or part of the Site or your Account for any reason without notice, including for business or operational reasons, such as improving the appearance or functionality of the Site, Content updates, periodic maintenance, or to resolve any issues that we become aware of. You may terminate your Account or your use of the Site at any time.
14.4. Termination will not limit any of our other rights or remedies. The sections titled Intellectual Property, Indemnification, Disclaimer of Warranties; Limitation of Liability, Disputes; Governing Law; Jurisdiction, and Miscellaneous and any other provision that is intended to survive termination shall survive termination of these Terms & Conditions or your access to the Site or your Account.
14.5. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS [CO NAME] AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
15. DISPUTES; GOVERNING LAW; JURISDICTION
15.1. If you have any concern or dispute regarding the Site, your Account, or these Terms & Conditions, please contact us at info@wellabuybutton.com so that we may try to resolve the matter. Please include (1) your name; (2) your address; (3) your email address or phone number associated with your Account; (4) your online membership ID, if any; (5) your order number, if any; (6) a brief description of the nature of the complaint; and (7) the resolution sought.
15.2. These Terms & Conditions shall be construed, and the respective rights and duties of you and us shall be determined, according to the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to its principles of conflicts of laws. Any disputes or claims regarding or arising from these Terms & Conditions will be resolved exclusively in the courts of province of Ontario, and you and we consent to personal jurisdiction in those courts.
15.3. For Quebec Resident Consumers Only. With respect to consumers located in the province of Quebec, these Terms & Conditions shall be construed, and the respective rights and duties of you and us shall be determined, according to the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to its principles of conflicts of laws. Any disputes or claims regarding or arising from these Terms & Conditions will be resolved exclusively in the courts of the province of Quebec, and you and we consent to personal jurisdiction in those courts.
16. Geographic Restrictions
16.1. The Site is provided for users in Canada. Although it may be possible to access the Site from other countries, and except in relation to the use of your personal information where our privacy policy applies https://nioxincanada.com/policies/privacy-policy we make no representation that our Site is compliant with any legal requirements in force in any jurisdiction other than Canada, or that the content available on the Site will be appropriate for users in other countries or states. If you access the Site from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.
17. MISCELLANEOUS
17.1. If any provision of these Terms & Conditions is found to be invalid or unenforceable by a court, it will be severed from the rest of these Terms & Conditions which shall remain unaffected.
17.2. No delay or failure by us to exercise any powers, rights or remedies under these Terms & Conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
17.3. 237 may assign these Terms & Conditions, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Site, or under these Terms & Conditions.
17.4. These Terms & Conditions (including any incorporated terms or policies) constitute the entire agreement between you and 237 with respect to your Account and the Site.
17.5. Competitions or other promotional features which may be made available through this Site from time to time may also have specific terms and conditions. You will need to read and accept these before making a submission.
18. Contact
If you have any queries regarding the Site of any of the information or materials contained on or in it, please contact us by email at info@wellabuybuton.com.
The provider of the Site is:
Provider: 2371393 Ontario Inc
E-mail: info@wellabuybutton.com
Postal Address: 75 Unsworth Drive, Hamilton, Ontario, L8W 2T7, Canada
Terms of Sale
Last Updated: September 3, 2026
1. DEFINITIONS
The following terms have the meanings set forth below:
a. “Confirmation” means the email we send confirming acceptance of your Order and shipment of Products.
b. “Order” means your order for Products placed through our Site.
c. “Products” means haircare products for cleansing, treatment, scalp, and styling hair accessories and tools, and any other items sold individually or bundled as kits or sets.
d. “Salon Buyer” means, where expressly permitted by the Site, the individual or entity purchasing on behalf of a salon located in Canada for use in the ordinary course of operation of the hair salon.
e. “Site” means www.nioxincanada.com.
f. “Terms” means these Terms of Sale, including any Special Terms.
g. “we,” “us,” or “our” means 2371393 Ontario Inc.
h. “you” means the individual purchasing Products for personal, non-commercial use, or the Salon Buyer.
1.1. References to “writing” or “written” include email unless otherwise stated.
2. ACCEPTANCE OF TERMS
Agreement to Terms. These Terms govern all purchases and transactions made through our Site. Your use of the Site, including browsing, creating an account, or accessing any content or features, is also governed by our Terms of Use available at https://nioxincanada.com/policies/terms-of-service, which are incorporated herein by reference. By placing an Order or making a purchase through the Site, you agree to be bound by these Terms of Sale and the Terms of Use. If there is any conflict between these Terms of Sale and the Terms of Use with respect to a specific transaction, these Terms of Sale will control. Certain programs or features described in these Terms (for example, gift cards or Promotions) may not be offered on this Site or in every jurisdiction. We encourage you to visit the specific Site for details on which features and offerings are currently available there.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS WEBSITE’S CONTENTS OR PRODUCTS BY APPLICABLE LAW.
2.1. Modification of Terms. We may revise these Terms at any time by posting an updated version on our Site. The Terms in effect at the time you place your Order will govern that purchase.
2.2. Additional Terms. Certain products, services, Promotions, features, subscriptions (including the Subscription Program) or other programs may be subject to additional terms, rules, or policies (“Additional Terms”). Additional Terms may be displayed to you on the relevant Product or offer page, in the checkout cart or checkout flow (including in a pop-up, banner, or hyperlink), within account settings, or included with the Product (e.g., on-pack or insert). Those Additional Terms are incorporated by reference into these Terms and become part of your agreement with us when you enter intro transactions or purchase Products on the Site. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for that product, service, promotion, feature, or program.
3. CONTRACT FORMATION
3.1. Sales. When you place an Order through our Site, you will receive an Order acknowledgment email confirming receipt of your Order. This acknowledgment does not constitute acceptance of your Order. We accept your Order when we ship the Products and send you a Confirmation email. If we cannot accept your Order (for example, because Products are out of stock, we cannot meet unexpected demand, you breach these Terms, or there is a pricing or description error), we will notify you by email, will not process your Order, will not charge you, or will refund or release any pending payment made.
3.2. Order Number. Upon acceptance of your Order, we will assign an Order number. Please quote this number in all correspondence with us.
3.3. Product Descriptions. Each Product purchased is sold subject to its posted Product description. The images of the Products on our Site are for illustrative purposes only. Your Product and its packaging may vary slightly from its advertised images on the Site.
3.4. Purchase Restrictions. You may not purchase Products for resale, supply, or distribution to any other company, individual or business, or in quantities exceeding any posted limits. All products labeled “for professional use only,” “not for retail sale,” or with similar language shall not be sold by Salon Buyer to anyone. Our sales are limited to individual end consumers purchasing for personal use and Salon Buyers buying for in-salon professional use only.
4. PRICING AND PAYMENT
4.1. Product Prices. The price of Products is the price shown on our order pages when you place your Order. Prices are shown in Canadian Dollars and are valid only in Canada. Prices may change at any time, but pricing changes after an Order is placed will not affect existing Orders.
4.2. Shipping and Handling Fees & Taxes. Product prices exclude shipping and handling costs and applicable sales, use, and similar taxes, which will be added to your total. You will pay all shipping and handling charges specified during checkout. The cost of delivery will be as displayed to you on the Site before you finalize your Order. Please check these carefully, as you consent to this charge when you submit your Order. If the Site accepts a payment card with a currency denominated account that is different from the currency of your Order, additional charges and foreign exchange differences may apply. These charges and exchange rates applied are beyond our control.
4.3. Pricing Errors. We take reasonable care to ensure price accuracy. If a Product’s price is incorrectly stated (whether due to typographical error system error, or otherwise), including any obvious and unmistakable pricing error that you could reasonably recognize as a mispricing, we reserve the right to cancel or refuse any Orders placed for Products listed at the incorrect (erroneous) price. If we cancel your Order, we will notify you and refund payments already made.
4.4. Payment Methods. Payment must be made by credit card, debit card, or alternative payment method (e.g. digital wallets) accepted on our Site. Accepted payment methods are posted on our Site, and may include VISA, Mastercard, American Express, Google Pay and Paypal. Funds are collected when Products are dispatched, but a pending payment authorization may be placed when you submit your Order. By providing a payment method or other payment instrument, you represent and warrant that you are authorized to use it. You further authorize us (or our third-party payment processor) to charge the total Order amount including taxes and shipping and handling charges, and to store and/or tokenize that information for future charges in connection with your Order. If a stored payment method is declined, we may attempt a re-authorization or require you to provide an alternate payment method before we can ship. If your payment method cannot be verified, is invalid, or is unacceptable, we will notify you and your Order may be suspended or cancelled if the issue is not promptly resolved.
5. SHIPPING AND DELIVERY
5.1. Geographic Restrictions. We ship Orders only to billing and shipping addresses located within the United States and Canada. We do not ship to P.O. Boxes. Delivery timelines and charges vary based on Product availability and your address.
5.2. Delivery Address Accuracy. You are responsible for providing a complete and accurate delivery address. We are not liable for delivery issues caused by incomplete or inaccurate information. Delivery is completed when Products reach your address. Products become your responsibility upon delivery completion.
5.3. Shipping Carrier & Delivery Options. At checkout, you may be offered one or more shipping options (e.g., Standard, Expedited, or Express). Each option corresponds to a class of service and estimated delivery time. Unless otherwise specified at checkout, we will select the carrier and shipping method for your Order. Selection is based on destination, size, weight, and service availability. We may ship your Order in multiple packages or from multiple locations at our discretion. We partner with several national and regional carriers. While you may see a preferred carrier displayed at checkout or on the Site, we reserve the right to use a comparable service from another carrier if it allows us to deliver your Order more efficiently or reliably.
5.4. Title and Risk of Loss. Title and risk of loss transfer to you upon Product delivery.
5.5. Delivery Timing. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays. If we are unable to ship your Order within the timeframe stated in your Order confirmation (or within 30 days if no specific timeframe was provided), we will notify you promptly via email and provide you with the following options:
a. Option A (Agree to Delay): You may agree to a new delivery date. If you do not respond to our delay notification within a reasonable time (typically seven (7) days), we will treat your non-response as agreement to the delay and will ship your Order as soon as reasonably possible.
b. Option B (Cancel Your Order): You may cancel all or part of your Order at no charge. To cancel, contact our customer service team as set out in Section 18 below within a reasonable time after receiving our delay notification.
c. Automatic Cancellation: If we cannot provide a definite revised shipping date, or if the delay exceeds thirty (30) days beyond the original promised delivery date, and we do not receive your consent to the additional delay within thirty (30) days of notifying you, your Order will be automatically canceled, and you will receive a full refund.
5.6. Non-Receipt of Order. If you do not receive your Order within seven (7) days of the notice of Order shipment, you must contact us.. Allow up to seventy-two (72) hours for package delivery when tracking shows “delivered,” as some carriers display “delivered” when the parcel arrives at the local facility but have not completed delivery to your door. Order issues for packages presumed to be lost by the carrier (where the status is not “delivered”) must be filed no sooner than seven (7) days after the last tracking update for Canadian domestic shipments and within 30 days from the last checkpoint.
5.7. Inspection Upon Delivery. Please inspect your Order promptly upon receipt. If any item is damaged, defective, missing, or incorrect, you must notify us within five (5) business days of delivery so we can arrange a replacement, exchange, or refund as appropriate under Section 8.4. To report an issue, please contact our Customer Support team at info@wellabuybutton.com with your Order number, a description of the issue, and photos (if applicable). We may request photos of the packaging and Product to help us assess the claim and process any replacement or refund quickly. If you notify us after the expiration of the notice period, we’ll do our best to assist, but replacements or refunds are not guaranteed. Failure to report within the stated period may limit our ability to resolve the issue or provide a remedy. Normal wear, minor cosmetic variances, or damage caused after delivery are not covered under this provision. This inspection period does not affect any rights you may have under applicable consumer protection laws regarding defective or non-conforming goods.
6. PRE-ORDERS
6.1. Pre-Order Definition. Where we offer pre-orders, pre-orders involve purchasing out-of-stock or soon-to-be-available Products not yet in our inventory. We will disclose the expected release or ship date at the time of Order. Estimates are not guarantees and may change due to manufacturing, supply chain, carrier or regulatory factors. If we do not specify a time, we aim to ship within thirty (30) days of your pre-order. Upon delivery, pre-orders are subject to the same return and warranty terms as other Products. If your pre-order contains multiple items with different availability dates, we may split shipments and charge shipping per shipment, if disclosed at checkout.
6.2. Pre-Order Payment. We will not charge your payment method or take partial deposit at pre-order checkout, but we may place a hold or authorization at the time of the Order. Your payment method is stored, and the full or remaining payment (plus shipping changes and taxes disclosed at checkout) is charged when the Order is shipped.
6.3. Pre-Order Cancellation. You can cancel a pre-order for which a full deposit has been paid that has not yet been shipped under Section 9.1. In addition to our cancellation and refusal rights under Section 9, we reserve the right to cancel any pre-order if production, supply, or regulatory factors prevent fulfillment, in which case you will receive a prompt full refund for any amounts already paid.
6.4. Advertised Ship Date. If we cannot ship your pre-order by the advertised date, we will notify you, provide a revised ship date, and give you the option to accept the new date or cancel for a full refund of any amounts paid.
7. SATISFACTION GUARANTEE. We offer the following Satisfaction Guarantee subject to the terms and conditions set forth below. The Satisfaction Guarantee is a voluntary goodwill offer only and is not a written warranty or service contract. Your legal rights concerning defective or non-conforming goods under applicable consumer-protection laws remain unaffected.
7.1. What’s Covered. If you are the original purchaser of a Product and are dissatisfied with the quality, performance, or results of any Product purchased directly from our Site, you may request a refund or replacement in accordance with this Satisfaction Guarantee.
7.2. What is Not Covered. This Satisfaction Guarantee does not apply to:
a. Products purchased from third-party retailers, resellers, or unauthorized sellers;
b. Products that have been tampered with, misused, or used in a manner inconsistent with Product instructions;
c. Products that you received as a gift;
d. Products that have been damaged due to improper storage or handling after delivery;
e. Products used less than or in excess of the reasonable trial period, defined below;
f. Shipping and handling fees (unless the Product was defective or we shipped the wrong item); and
g. Products marked as “Final Sale,” “Clearance,” or “Non-Returnable” at the time of purchase.
7.3. First-Time Purchases. The Satisfaction Guarantee applies only once per customer for their first purchase of a specific Product from our Site, as determined by our records. For purposes of this policy, different sizes or formats of the same Product are considered one Product. You have thirty (30) days from the date of delivery to try the Product and decide whether you are satisfied. To qualify, any claim under the Satisfaction Guarantee must be submitted within this 30-day period.
7.4. Time Limit. Claims submitted after the applicable 30-day period will not be honored under this Satisfaction Guarantee but may be eligible for return.
7.5. Reasonable Trial Period of Use. To qualify for the Satisfaction Guarantee, you must have used the Product as directed for a reasonable trial period. We define a reasonable trial period as:
a. A minimum of seven (7) days of use according to Product instructions, and
b. Use of no more than fifty percent (50%) of the Product contents.
Example: If you purchase our “Hair Fall Defense Serum” and submit a Satisfaction Guarantee claim, you may receive a refund or replacement for that Product one time. Future purchases of the same “Hair Fall Defense Serum” will not be eligible for the Satisfaction Guarantee but may remain eligible for our standard return policy.
7.6. How to Submit a Claim. To submit a Satisfaction Guarantee claim:
a. Contact Customer Service within the applicable 30-day period via:
· Email: support@nioxin.com
· Online: Submit a request through the chat button on the bottom right corner of the website
b. Provide required Information:
· Order number
· Product name and details
· Reason for dissatisfaction (brief description)
· Date you began using the Product
· Approximate amount of Product used
7.7. Product Return under the Satisfaction Guarantee. We may require you to return the Product to receive your refund. You are responsible for the cost of returning any Product under the Satisfaction Guarantee. If a return is required:
a. We will provide you with return instructions;
b. You will be responsible for return shipping costs unless the Product was defective or we shipped the wrong item; and
c. The Product must be returned within fourteen (14) days of receiving return authorization.
Resolution Options. Upon approval of your Satisfaction Guarantee claim, you may choose one of the following options:
a. Option A (Refund): Receive a full refund of the Product purchase price (excluding original shipping and handling fees). Refunds will be issued to the original payment method within seven (7) to ten (10) business days after we receive and process your returned Product, or immediately if no return is required.
b. Option B (Replacement): Receive a replacement Product of equal or lesser value. You may select:
· A different Product of equal or lesser value, OR
· The same Product in a different variant (if available)
Replacement Products will be shipped at no additional charge within five (5) to seven (7) business days of claim approval. All decisions regarding Satisfaction Guarantee claims, including eligibility, approval, and resolution, are made at our sole discretion and are final. We strive to be fair and reasonable in evaluating all claims while protecting the integrity of this program for all customers.
8. RETURNS AND EXCHANGES
8.1. We are committed to our customers’ satisfaction with our Products. We want you and your hair to love our Products and results. If a purchase didn’t work out, please reach out to us at info@wellabuybuttion.com for feedback and help finding the right routine to achieve your personal hair goals.
8.2. 30-Day Return Policy. You may obtain a refund for most new, unopened or gently used Products in original packaging within thirty (30) days after your Order is delivered, subject to refund restrictions below.
a. Return Exclusions. The following Products are not eligible for return: (i) partial kits or bundles (only complete sets are eligible); (ii) excessively used Products; (iii) gifts with purchase items; and (iv) Products marked as “Final Sale,” “Clearance,” or “Non-Returnable” at the time of purchase. These exclusions do not apply to damaged, defective or incorrect Products governed by Section 8.4 below.
b. Return Process. Should you be required to start a return, contact info@wellabuybuttion.com with your Order number. We’ll issue an RMA and instructions. Returns without an RMA may be refused.
c. Return Shipping Costs. Unless stated otherwise (including under Section 8.4 below), you are responsible for return shipping costs. If the return is due to our error or a defective item, we’ll cover return shipping.
d. Refund Method and Timing. Where allowed, you may select a refund, exchange, or Site credit; options may vary by Product category and will be shown during the return request. Where refunds are due:
i. For damaged, defective, missing or incorrect Products, we will issue an exchange or refund as stated in Section 8.4; and
ii. For all other eligible returns, we will refund the price you paid, excluding original shipping and handling charges (unless prohibited by law), and less the return shipping fees (if we provide a prepaid return label). Shipping charges are not refundable, unless required by law.
iii. Refunds are issued to your original payment method within fourteen (14) days after we receive and inspect the Product (or after we receive acceptable proof of return). If you originally paid for the Product with a gift card, the refund amount will be provided in a gift card issued to you which can be used on the Site.
e. Returns After the 30-Day Return Policy. Returns requested between 31-60 days after the original delivery date may be eligible for store credit redeemable on our Site. To request a return, you must email your Order number to support@nioxin.com.
8.3. Third-Party Purchase Exclusion. Items purchased outside of our Site, from authorized retail locations, or from any other seller are not eligible for return to us. You must contact the original seller or retailer directly, as returns and exchanges are subject to that retailer’s policy.
8.4. Damaged, Defective, Missing and Incorrect Products. If you receive a damaged or defective Product upon delivery, or if a Product is missing, or the wrong Product is shipped to you, you may exchange them or obtain a full refund. If you timely notify us of the issue, (a) if required, if the Products are returned, we will refund the full purchase price, including the original shipping charges and the cost of returning the Products to us (with receipt) or we will issue a prepaid shipping label at our cost and (b) if the Products are exchanged, we will ship replacement Products free of charge and refund the cost of returning the Products to us (with receipt) or we will issue a prepaid shipping label at our cost.
9.1. Pre-Shipment Cancellation. You may cancel your Order any time during the 1-hour period after Order acceptance, provided that it is before we ship any Products from the Order. We process orders quickly, so please contact us as soon as possible. We may ship Products on the same-day as Order placement and, if so, the 1-hour cancellation window may not be available to you depending on the time of your Order placement. Cancellations can be made through link provided in the Order confirmation email you received or by contacting Customer Service at support@nioxin.com.
9.2. Our Right to Refuse or Cancel Orders. We may, at our reasonable discretion, refuse or cancel all or part of your Order at any time prior to shipment (including after issuing an Order confirmation) for any legitimate business reason, including: (a) you don’t make payment when due; (b) in our sole discretion, the Order appears to be placed by dealers, resellers or distributors or otherwise appears fraudulent; (c) we could not deliver to the address provided by you; (d) we become aware or reasonably believe you are in breach of these Terms; (e) errors in pricing, description, or promotions; (f) Product unavailability or discontinuation; or (g) force majeure events or shipping restrictions that may fulfillment impracticable. In the event of our Order refusal or cancellation, we will notify you. Your sole remedy for an Order refusal or cancellation is a refund of amounts paid for the cancelled Product(s). We are not liable for any additional damages, losses, or costs arising from such refusal or cancellation.
9.3. Refund for Cancellation. If an Order is timely cancelled by you or us, a full refund for the cancelled Products (including shipping changes and taxes) will be issued to your original payment method within fourteen (14) business days.
10. LIMITED WARRANTY
10.1. Scope. We provide a limited warranty that Products shall be free from material defects at the time of shipment and will conform substantially to the descriptions on the Site. We do not warrant or guarantee any specific results or effects from Product use.
10.2. Exclusions. This limited warranty does not cover:
a. Normal wear and tear or changes in Product texture, color, or scent after opening;
b. Damage caused by improper storage, misuse, or alteration; or
c. Subjective dissatisfaction with Product performance (e.g., fragrance preference or individual skin response).
10.3. Sole Remedy. Your sole remedy for breach of this limited warranty shall be, at our option, replacement of the Product or refund of the purchase price. This warranty gives you specific legal rights, and you may also have other rights which vary from province to province. Except where prohibited by law, this limited warranty is exclusive and in lieu of all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
10.4. Making a Claim. To make a warranty claim, you must be the original purchaser of the Product from us on this Site, notify us during the warranty period within a reasonable time of discovery with detailed information at info@wellabuybutton.com, and, if requested, return the Product to us. We will, at our option, replace or refund the Product.
10.5. Warranty Disclaimers. THIS SECTION 10.5 DOES NOT APPLY TO CONSUMERS RESIDENT IN QUEBEC. ALL PRODUCTS WILL BE SOLD ON AN OUTRIGHT SALES BASIS AND ARE GUARANTEED TO BE IN GOOD CONDITION AND FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP. YOU ASSUME ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES. IN THE EVENT OF OUR BREACH OF ANY APPLICABLE WARRANTY, YOUR SOLE REMEDY WILL BE THAT WE REFUND OR REPLACE THE DEFECTIVE PRODUCT. EXCEPT AS SET FORTH IN THE LIMITED WARRANTY ABOVE, WE MAKE NO OTHER EXPRESS OR IMPLIED WARRANTIES. UNLESS UNENFORCEABLE OR UNLAWFUL UNDER APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE DISCLAIMED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
11. PROMOTIONS AND DISCOUNTS
11.1. General Promotion Terms. From time to time, we may offer promotional discounts, special offers, coupon codes, flash sales, and other limited-time incentives (collectively, “Promotions”). All Promotions are subject to the terms and conditions set forth below, as well as any additional terms specified at the time the Promotion is offered, and any personal information you provide to us will be processed in accordance with our Privacy Policy [https://nioxincanada.com/policies/privacy-policy]. By participating in any Promotion or using any promotional discount code, you acknowledge and agree to comply with these promotional terms and any specific terms applicable to that Promotion. We reserve the right to offer, modify, or discontinue any Promotion at any time without prior notice. We also reserve the right to determine eligibility for any Promotion in our sole discretion. Unless otherwise stated, all Promotions are subject to Product availability and may end early if inventory is exhausted.
11.2. Promotion Restrictions. Unless otherwise specified, Promotions are available only to:
a. Product purchases directly from our Site;
b. Customers located in the Canada; and
c. Customers with Site accounts in good standing.
You may not combine Site promotions, discounts, gift cards or promotional codes with other offers. You may use only one promotional code per Order. Promotional codes cannot be applied after Order placement. Discounts do not apply to delivery charges unless expressly stated.
11.3. Promotional Discount Code Usage. To redeem a promotional discount code, you must enter the code in the designated field during checkout before completing your purchase. Promotional discount codes cannot be applied retroactively to completed Orders. Promotional discount codes may be case-sensitive. Please enter promotional discount codes exactly as provided. All promotional discount codes have an expiration date and/or time. Promotional discount codes entered after expiration will not be honored. Promotional discount codes are non-transferable and may not be sold, traded, or shared publicly (including on coupon Sites) unless we have explicitly authorized such sharing.
11.4. Bundle Promotions. Promotions may offer the purchase of two or more eligible Products to form a bundle or set in a single Order, in exchange for discounts tied to the number or price of the bundled Products. Any bundled discount is only valid at the time the bundle is purchased as a combination. Bundled pricing cannot retroactively apply to previously separate purchases or combine with other simultaneous discounts, unless expressly stated. We may discontinue or modify any bundle promotion at any time, including withdrawing it from sale, changing pricing, or removing items from eligibility, without liability, but such changes will not affect bundled Products already purchased. Our warranties, guarantees, and liability disclaimers for each Product in a bundle apply individually; the fact that items are sold as a bundle does not alter their separate terms.
11.5. Refunds with Promotions. If an Order is cancelled or if you return or request a refund for a Product purchased as part of a Promotion (including discounts, bundles, or free gift offers), any eligible refund will be based on the amount actually paid after any promotional discounts were applied. If your Order included a free gift, bonus item, or bundle discount, and you return only part of the Order, the value of the gift or discount will be deducted from your refund unless all qualifying items are returned.
11.6. Referral and Rewards Program Promotions. Discounts earned through referral programs or rewards programs are subject to the specific terms of those programs in addition to these general promotional terms. Promotional bonuses (e.g., “Double Points” or “Bonus Rewards”) must be earned and redeemed in accordance with program rules and within any specified timeframe. If your account is terminated or suspended for violation of our Terms of Sale or program rules, you will forfeit any unused promotional credits, rewards, or discounts.
12. DELAY AND EVENTS OUTSIDE OUR CONTROL
We are not responsible for delays outside our control. We shall not be in default in the performance of our obligations under these Terms if such performance is prevented or delayed because of any cause beyond our reasonable control. If supply is delayed by an event outside our control, we will contact you as soon as possible, take steps to minimize the delay effect, and will not be liable for event-caused delays provided these steps are taken. If there is a risk of substantial delay, we will contact you and you may cancel your Order and receive a refund for paid but unreceived Products. Nothing in this Section 12 limits your statutory rights.
THIS SECTION 13 DOES NOT APPLY TO CONSUMERS RESIDENT IN QUEBEC. WE WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, STATUTORY, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. OUR LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF, RESULTING FROM, OR CONCERNING ANY ASPECT OF THESE TERMS OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCT SHIPPED WHICH GIVES RISE TO THE CLAIM. YOU ARE RESPONSIBLE FOR ANY HAZARDOUS WASTE MANAGEMENT. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
14. DISPUTES; GOVERNING LAW; JURISDICTION
14.1. If you have any concern or dispute regarding an order, product, payment, delivery, return, refund, subscription or these Terms, please contact us at info@wellabuybutton.com so that we may try to resolve the matter. Please include (1) your name; (2) your address; (3) your email address or phone number associated with your account; (4) your online membership ID, if any; (5) your Order number, if any; (6) a brief description of the nature of the complaint; and (7) the resolution sought.
14.2. These Terms shall be construed, and the respective rights and duties of you and us shall be determined, according to the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to its principles of conflicts of laws. The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any disputes or claims regarding or arising from these Terms will be resolved exclusively in the courts of the province of Ontario, and you and we consent to personal jurisdiction in those courts.
14.3. For Quebec Resident Consumers Only. With respect to consumers located in the province of Quebec, these Terms shall be construed, and the respective rights and duties of you and us shall be determined, according to the laws of the province of Quebec and the federal laws of Canada applicable therein, without giving effect to its principles of conflicts of laws. The UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Any disputes or claims regarding or arising from these Terms will be resolved exclusively in the courts of the province of Quebec, and you and we consent to personal jurisdiction in those courts.
15. PRIVACY AND DATA PROTECTION
15.1. Privacy Policy. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at https://nioxincanada.com/policies/privacy-policy
15.2. Your Purchase Information. You confirm that any personal data you provide when you register an account with us or place an Order is true, accurate, current and complete in all respects; and that you will notify us immediately of any changes to the personal data by updating these details on your Site account.
15.3. Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
16. PRODUCT SAFETY AND USAGE
16.1. Product Instructions. You must follow all Product instructions, warnings, and safety information provided with the Products. Failure to do so may result in injury, damage, or voiding of warranty coverage.
16.2. Allergen Information. Our Products may contain ingredients that could cause allergic reactions in some individuals. You are responsible for reviewing ingredient lists before use. If you have known allergies or sensitivities, consult the Product labeling or contact us before purchase.
16.3. Patch Testing. We recommend conducting a patch test before using any new haircare Product, especially if you have sensitive skin or a history of allergic reactions.
16.4. Professional Use Disclaimer. Products sold for consumer use are not warranted or intended for professional salon use unless specifically designated as professional Products. Use of consumer Products in a professional setting may void warranty coverage.
17. GENERAL PROVISIONS
17.1. Entire Agreement. These Terms, together with any Additional Terms and the Terms of Use, constitute the entire agreement between you and us regarding the purchase of Products and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
17.2. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms or any rights or obligations hereunder without restriction. Any attempted assignment in violation of Section 17.2 will be null and void.
17.3. Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
17.4. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.
17.5. Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
17.6. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights except as expressly stated herein.
17.7. Survival. Sections that by their nature should survive termination of these Terms will survive, including but not limited to Section 15.
17.8. Notices.
a. To You. We may provide notices to you via email to the address you provided during the Order process, by posting on our Site, or by mail to your billing or shipping address. Notices sent by email will be deemed received twenty-four (24) hours after sending, unless we receive notice that the email was not delivered.
b. To Us. Other than as specifically provided in these Terms, to give us notice under these Terms, you must contact us at the mailing address in Section 18 as follows: by personal delivery, overnight courier, or registered or certified mail, in each case with a copy to us by email to support@nioxin.com. We may update the address for notices to us by posting a notice on the Site.
c. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17.9. Language. You acknowledge having requested and agreed to bound by the version of these Terms drawn up in English and to receive all related documents in English-only. If these Terms are translated into any other language, the English version will prevail in case of any conflict or inconsistency.
We are solely responsible for administering Orders, payments, shipping, delivery, cancellations, returns, refunds, exchanges, warranty claims, customer service matters, and other purchase-related issues in accordance with these Terms, and all requests regarding such matters and any questions about these Terms should be directed to us using the contact information set out below:
Customer Service:
Email: info@wellabuybutton.com
Hours: Monday to Friday 9am to 5pm EST
Returns and Exchanges:
Email: info@wellabuybutton.com
Mailing Address:
75 Unsworth Drive, Hamilton, Ontario, L8W 2T7, Canada