FOR THE PURCHASE OF HEALY WORLD PRODUCTS AND THE SUBSCRIPTION TO A HEALY FREQUENCY PROGRAM https://canada.healy.shop/
Thank you for visiting https://canada.healy.shop/.
This website is operated by HEALY WORLD CANADA Ltd. (hereinafter „HEALY WORLD“, „Company“) and is provided as a service by Healy World. Any content, information and services offered on and through the website may only be used under the following terms and conditions in their current version. Please read the following terms and conditions carefully before accessing the website. These Terms and Conditions constitute a legally binding agreement between you and Healy World and govern your use of the Website and all offers presented on the Website and all purchases made through the Website of HEALY WORLD products and Healy Program Group subscriptions.
1.2 Agreement to the Terms
By registering, subscribing for a fee, or purchasing products or other content, you agree to these Terms and Conditions. By accessing or using a website or service controlled by Healy World, you also agree that you are legally authorised to accept the Terms on your own behalf and on behalf of all parties you represent in connection with your use of a website or service. If you do not agree to the Terms, you are not authorised to use any Website or Service.
2. ORDERING PROCEDURE
2.1 Rational Scope of Order
Customers are required to place orders for products exclusively through the Company’s official website at https://canada.healy.shop/. Each order must specify the product part numbers, quantities, and desired delivery dates.
2.2 Companys Reservation
All orders shall be subject to acceptance and confirmation by the Company on the terms of this Agreement. The Company reserves the right, without liability, to selectively reject any order from CUSTOMER in ist sole discretion. In addition, the Company may decline without liability to sell or ship any Product if in its judgment such shipment or sale may violate any Canadian or other country’s Laws.
2.3 No Modification or Reverse Engineering
CUSTOMER shall support Company and its original Products and shall not copy, reverse engineer, or promote the Products as its own.
3. FAST START PROMOTION
3.1 The Fast Start Promotion benefits Healy World Members who, immediately after enrolment, recruit new Healy World Members who decide to purchase a Healy World product. The rewards are linked to two time periods: Enrolment + 1 and Enrolment + 2. This means that the enrolment and purchase of the newly recruited Healy World Member must take place one or two months after their own enrolment. For more information on the Fast Start Promotion, please refer to the Fast Start Flyer, in the backoffice download area.
3.2 The Fast Start Promotion allows you to receive a Device Bonus which includes a free Healy World product (Healy Gold Edition, Healy Holistic Edition, Healy Resonance Edition or Healy Resonance Plus Edition). The specific edition you receive will depend on your qualification level.
3.3 The Fast Start Devices provided by us as part of the Fast Start Promotion are considered a commercial gesture and become the property of the Healy World Member. The Devices are not intended for resale and are provided solely to assist the Healy World Member in promoting its business.
4. TERM AND CANCELLATION OF HEALY WORLD SUBSCRIPTIONS
4.1 Term and renewal of the Healy Subscription
A paid HEALY subscription for your Healy or Maghealy has a minimum term, which is chosen by you when you sign the contract. If the paid subscription is not cancelled with one month’s notice to the end of the month, it is automatically renewed indefinitely, depending on the type of subscription. If you have not cancelled the initial paid subscription or have not cancelled it in time, you can cancel the renewal subscription at any time with one month’s notice.
4.2 Term and renewal of the Healy and MagHealy subscription
A paid Healy and MagHealy subscription has a minimum term, which varies depending on the type of subscription you choose. If the paid subscription is not cancelled with one month’s notice to the end of the month, it will automatically renew indefinitely, depending on the type of subscription.
1-month subscription (automatically renews for another month after expiration)
3-month subscription (automatically renewed for three months after expiration)
6-month subscription (automatically renewed for six months after expiration)
12-month subscription (automatically extended by one month after expiration)
If you have not cancelled your initial paid subscription or have not cancelled it in time, you can cancel the renewal subscription at any time by giving one month’s notice.
The possibility of renewal of a subscription to the longer term is possible only after the cancellation of the current subscription. In case of changing to a subscription with a longer term within an existing subscription, the monthly payment due date of the first subscription shall remain in effect until its expiration.
MagHealy: The following discounts apply to subscriptions with longer terms and/or additional MagHealy applications:
3 months subscription = 5% discount
6 months subscription = 10% discount
12 months subscription = 20% discount
2 MagHealy applications = 20% discount
3 MagHealy applications = 33% discount.
In case of simultaneous purchase of a MagHealy and a subscription, we grant a flat extension of the subscription for up to 15 days, which includes the delivery time of the device. This period is granted following an expired subscription. Healy World grants this lump sum subscription extension following an expired renewal subscription.
Healy World reserves the right to unilaterally modify or terminate these special terms and conditions at any time without notice for any reason.
4.3 Cancellation of the subscription
Please note that the monthly costs for the subscriptions are due from the date of the order and on the same calendar day of the following month.
If you have chosen a subscription with a term of 3 or 6 months, you can cancel it in your shop account at least 1 day before the end of the term. The subscription is automatically renewed for the same term if it has not been cancelled in your shop account. The only exception is the 12-month subscription, which can be cancelled monthly after the end of the minimum term (12 months).
5. CHANGES IN THE CONDITIONS OF THE SUBSCRIPTION OFFERS
HEALY WORLD may, in its sole discretion, change the price of subscription offerings at certain intervals to reflect the impact of changes in the overall costs associated with our service. Cost factors that affect the price of our subscription offerings include production and licensing costs, costs associated with technical delivery, customer service and other distribution costs (e.g., billing and payment, marketing), general administrative and other overhead costs (e.g., rent, interest and other financing costs, costs of personnel, service providers and services, IT systems, energy), and government-imposed fees such as taxes and duties. HEALY WORLD will notify its CUSTOMERS of any price increase at least 30 days prior to its effective date by email to the address provided in the registration. Within the scope of the notification of the price increase, HEALY WORLD will also specifically inform its CUSTOMERS of the extraordinary right of cancellation, which applies exclusively to price adjustments, the cancellation period as well as the consequences of a cancellation that is not made in due time. If the subscription is not cancelled, the new price will apply to the CUSTOMER, starting with the next due date of the monthly subscription.
6. PAYMENT TERMS; RETENTION OF TITLE
6.1 Pricing and payment options
The prices are displayed in each subscription order. Such prices may vary due to price indices globally and you are entitled to a cancelation should you not agree to a price adjustment. Payment of your HEALY WORLD Frequency subscription program shall be made upon your online order. Healy will not be responsible for any loss, damage, costs, expenses, or other claims of you or any third party resulting from the suspension of the Services. Fees for the Healy Frequency Subscription programs shall be paid via credit card and prior to the first Healy Frequency subscription order. We offer and accept credit cards of VISA, Master Card, American Express, Giropay, Apple Pay, PayPal, Google Pay, Samsung Pay, SOFORT. Important Notice: The list is not exhaustive and the separate privacy policies of the card providers apply at all times of transactions.
6.2 Payment is due prior to shipment
6.3 Retention of Title
Title to Products only passes from Company to CUSTOMER after the full price for such Performance Products has been paid to the Company in full, such payment shall not be deemed to be made until the Company receives cleared funds.
Unless otherwise agreed in writing, Performance Products are delivered FOB designated carrier.
8. OPERATIONAL STABILITY
HEALY WORLD frequency subscription programs are provided with the highest degree of operational stability possible, but HEALY WORLD is not liable for outages caused by factors beyond its control. Such failures include, but are not limited to, power outages, failures in modem equipment, telecommunications links, or the like. In any case, HEALY WORLD will endeavor to restore normal operation as soon as possible.
9. MAINTENANCE OF THE SYSTEM
HEALY WORLD may, without prior notice, make operational changes to the Healy Frequency Programs for improvement or other purposes (e.g., by developing or updating software). In certain circumstances, it may be necessary to interrupt access to the frequency programs. Such an interruption will be announced in advance, as far as foreseeable.
10. RIGHTS TO THE FREQUENCY PROGRAMS AND THE HEALY WORLD APPLICATION
10.1 The Healy Frequency Programs remain the unrestricted property of HEALY WORLD. Customized software for Frequency Programs shall also remain the property of HEALY WORLD unless otherwise agreed. HEALY WORLD may assign its rights and obligations under this Agreement at any time to a commercially affiliated subsidiary or business unit, or to any affiliate or division thereof. Except as provided above, the rights and obligations under this Agreement may not be transferred to a third party without the written consent of the other party. In the event of such a transfer, you shall have the right to withdraw from the contract.
10.2 HEALY WORLD will provide updates to Apps to the extent necessary and appropriate. HEALY WORLD reserves the right to provide additional updates at its sole discretion. HEALY WORLD reserves the right to modify Apps at any time in a manner reasonably acceptable to CUSTOMER, e.g., to further develop them and improve the user experience. This right applies to both technical and content adjustments.
11. LIABILITY OF HEALY WORLD
HEALY WORLD has taken reasonable steps to ensure that the Frequency Programs are free of malicious software but cannot guarantee that the Programs will remain free of malicious software. To the fullest extent permitted by law, HEALY WORLD disclaims all warranties, express or implied, with respect to the Frequency Programs, including, but not limited to, implied warranties of fitness or suitability for a particular purpose.
HEALY WORLD shall not be liable to the CUSTOMER for any loss or damage caused arising directly or indirectly, except to the extent that such liability may not be lawfully excluded under the applicable law. Except for death or personal injury caused by negligence of Healy, its employees, agents or authorized representatives, for which no limit applies, Healy’s liability will be limited to the lesser of the value of payments made by you for the period of 12 months before the occurrence of the incident giving rise to the liability.
12. NON-DEFECTIVE PERFORMANCE PRODUCT RETURNS
Unless the Company has first authorized or permitted the return of any non-defective Products, Company shall not be obligated to accept the return from CUSTOMER of any non-defective Products, or to make any exchanges therefore, or to credit IHWM, therefore. Prior to returning non-defective Products, request and receive the written authorization of the Company to make such returns. For the authorized return of such Products, CUSTOMER shall receive a credit equal to the net invoice price it has paid for the Products or current selling price at the time the Products are returned, whichever is lower, minus a fifteen percent (15%) charge for restocking.
13. LIMITED WARRANTY, INDEMNIFICATION
13.1 Service of Products.
CUSTOMER shall assume and provide for aftermarket sales and field service responsibilities for all Products sold by CUSTOMER at its own cost and expense. CUSTOMER shall use only Company authorized parts for repairs.
13.2 Limited Warranty; Exclusion of Other Warranties
(a) Company warrants and represents that the Products delivered conform to all applicable laws and regulations applicable and are free from defects in materials and workmanship. These warranties shall run to the IHWM, its successors, assigns and CUSTOMERS for the period set forth below.
(b) The responsibility of the Company hereunder, and the sole and exclusive remedy of CUSTOMER for a breach of any warranty hereunder, is limited to, correction or replacement by Company without charge any Product which has been returned to Company in accordance with this warranty
(c) Company shall have the sole right to determine whether returned Products or parts thereof shall be repaired or replaced.
(d) Company’s responsibility under these warranties shall expire twelve (12) months from the date of purchase by the end user.
(e) Unless otherwise agreed, and except as may be necessary to comply with these warranties, the Company reserves the right to make changes in its Products without any obligation to incorporate such changes in any product manufactured theretofore.
(f) These warranties will not apply if the Products have been subject to unusual wear and tear or use contra indications.
(g) Exclusion of Other Warranties. THE WARRANTIES SET FORTH IN SECTION 2.2 ARE THE SOLE WARRANTIES FOR THE PERFORMANCE PRODUCTS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WHETHER CREATED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXPRESSLY EXCLUDED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, VALIDITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH THIS SECTION. WITH RESPECT TO CLAIMS BY THIRD PARTIES, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL CONSEQUENTIAL, INCIDENTAL, AGGRAVATED, PUNITIVE OR LIQUIDATED DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY OTHER THAN FOR THE PRODUCTS; LOST PROFITS; REVENUE OR OPPORTUNITY; LOSS OF USE; OR CLAIMS OF IHWM’S CUSTOMERS FOR SUCH DAMAGES, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL THEORY, INCLUDING BUSINESS INTERRUPTION LOSSES, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PERISHABLE MATERIAL OR LOST PROFITS, EXCEPT FOR DEATH OR PERSONAL INJURY TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
13.3 Return fee
In the event of a return within the warranty period, the Customer shall pay a fixed fee of $10 (USD).
14. DATA PROTECTION AND CONFIDENTIALITY
14.1 Data processing shall be carried out in accordance with the relevant data protection laws. For the rest, reference is made to the information on data protection on our website: https://canada.healy.shop/privacy/.
14.2 HEALY WORLD has implemented the necessary technical and organizational security measures in accordance with the legal requirements to ensure the security of the personal data processed.
14.3 HEALY WORLD is required to maintain the confidentiality of all information obtained about you and will not disclose such information to any third party unless required to do so by a court or regulatory agency of competent jurisdiction, and then only to the extent necessary.
15. SINGLE SIGN-ON SERVICES
15.1 Healy World uses a single sign-on authentication method (“SSO Services”). This allows CUSTOMERS of Healy World Services to securely authenticate to the Services and Applications and only need to enter their credentials once. There is no need to create a separate account with each application. The data provided during registration on the Healy World website is automatically and securely transferred into the system via an interface.
15.2 CUSTOMERS are responsible for the security of their login information and must not disclose it to third parties. The SSO Services may be changed or discontinued at any time without notice. Healy World shall not be liable for any damages arising from the use of SSO authentication.
15.3 CUSTOMERS may change their login data or delete their account at any time if they so wish. By using SSO authentication, CUSTOMERS agree to these terms.
16. FINAL PROVISIONS
16.1 Compliance with Laws and Code of Conduct.
CUSTOMER shall, during the term of this Agreement, comply with all laws applicable to the importation, sale and distribution of the Products in the applicable state or otherwise, and shall keep Company informed of any changes in laws that may affect the sale of the Products in the region of sale. CUSTOMER agrees to defend and indemnify Company in the event that it sells Products in violation of any law, regulation or company rule.
16.2 Choice of Law and Arbitration
To the extent permitted by applicable law, these Terms shall be governed by the laws of Canada, excluding its choice of law provisions.
16.3 Miscellaneous Conditions
The failure of either party to insist upon or enforce strict performance of any of the terms shall not be construed as a waiver of any provision or right. If any provision or part of the Terms is held invalid or unenforceable by any statute or regulation or final judgment of a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The parties agree that no joint venture, partnership, employment, fiduciary or agency relationship exists between you and the Company as a result of these Terms or your use of the Sites or Services.