Legal and Regulatory | Terms and Conditions of Sale
Last updated: October 16, 2026
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ALL-SALES-FINAL POLICY, A PROFESSIONAL-USE-ONLY REQUIREMENT, DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY, AN ONTARIO GOVERNING-LAW AND FORUM CLAUSE, AND A WAIVER OF JURY TRIAL AND CLASS ACTIONS.
Key terms at a glance (the full Terms below govern): all sales are final, with no returns or refunds; Kleos sells to licensed professionals and businesses only; you must report a short shipment or wrong item within 2 business days; you agree to contact Kleos before disputing any charge, and a dispute raised on any ground other than an unauthorized transaction makes you liable for the invoice plus a CAD 150 (USD 110) administrative charge; cosmetic products are supplied as topical cosmetics only, and any other use is your decision and responsibility alone; claims against Kleos must be brought within one year where the law allows; Ontario law and Toronto courts apply. Une version française est offerte à kleoshealthcare.com.
1. Application and acceptance
1.1 These Terms and Conditions of Sale (the “Terms”) govern every quotation, order, invoice, sale and delivery of products by Kleos Health Inc. (“Kleos”, “we”, “us” or “our”) to any purchaser (the “Customer”, “you” or “your”). They apply whether an order is placed through our website, by email, text message or other electronic message, by telephone, in person (including at a trade show, conference, clinic visit or training event), through a Kleos sales representative or other authorized agent, by signing an order form or quotation, by paying an invoice or a payment link (including Stripe payment links embedded in invoices or emails), by accepting delivery of products, or by any other method (each an “Order”).
1.2 You accept these Terms, and they become a binding contract, when you do any of the following: place an Order; sign or initial any order form, quotation or invoice; pay any amount toward an Order; click to accept these Terms online; or accept delivery of products. Each of these acts is an acceptance of these Terms, including by electronic means, under the Electronic Commerce Act, 2000 (Ontario), the United States Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act as adopted by the states. You waive any requirement for a handwritten signature.
1.3 These Terms are incorporated by reference into every Kleos quotation, order form, order confirmation, invoice and payment link. The version posted at kleoshealthcare.com at the time Kleos accepts an Order governs that Order.
1.4 Kleos sales representatives and agents are authorized to take Orders only on these Terms. No representative, agent, distributor or employee has authority to vary, waive or add to these Terms, or to make any promise, warranty or representation not contained in them, unless an officer of Kleos confirms the change in writing. Any oral statement or side agreement that is not confirmed in writing by an officer of Kleos is of no effect.
1.5 Kleos’s acceptance of any Order is expressly conditional on your assent to these Terms. Any terms in your purchase order, vendor portal, acknowledgement or other document that add to, differ from or conflict with these Terms are rejected and do not apply, even if Kleos fulfils the Order. If you have a separate written agreement signed by an officer of Kleos, that agreement prevails to the extent of any conflict, and these Terms govern everything it does not address.
1.6 If you place an Order on behalf of a clinic, company or other organization, you represent that you are authorized to bind it. If you are not, you are personally bound by these Terms and personally liable for the Order.
2. Professional customers only
2.1 Kleos sells exclusively to businesses and licensed professionals, including clinics, medical spas, physicians, nurses, nurse injectors, aestheticians, distributors and similar trade purchasers, for use in their business or professional practice. Kleos does not sell to consumers, and no product is sold for personal, family or household use. You acknowledge that you are not purchasing as a consumer and that consumer-protection legislation that applies only to consumer transactions does not apply to Orders.
2.2 You represent and warrant, on every Order, that you hold and will maintain every licence, registration, permit, certification and authorization required where you operate to purchase, receive, store, use and, where permitted, resell the products ordered, and that you will supply evidence of them on request. Kleos may refuse, suspend or cancel any Order if it cannot verify this to its satisfaction.
3. Orders and acceptance by Kleos
3.1 Every Order is an offer by you to purchase on these Terms. Kleos may accept or decline any Order in its sole discretion. An Order is accepted only when Kleos issues a written confirmation or invoice, or ships the products, whichever comes first. Quotations are invitations to order and expire 30 days after their date unless stated otherwise.
3.2 Kleos may correct any error in price, description or availability, and may cancel any Order affected by such an error, before shipment. If Kleos cancels an Order you have already paid for, Kleos will return the amount paid for the cancelled products, and that is your sole remedy.
3.3 Orders placed by telephone or in person may be recorded or summarized by Kleos. An order form completed by a Kleos representative binds Kleos only once Kleos confirms it under section 3.1. Kleos’s written confirmation or invoice is conclusive evidence of the Order unless you object in writing within two (2) business days of receiving it. Emails, text messages, call summaries and electronic confirmations are “writing” for the purposes of these Terms.
4. Prices, taxes and payment
4.1 Prices are as stated in Kleos’s quotation, order form or invoice, in the currency stated there. Kleos may change list prices at any time; the price of an accepted Order does not change.
4.2 Prices exclude all sales, use, excise, value-added, goods and services, harmonized and similar taxes, and all duties, tariffs, customs fees, brokerage and import charges. You are responsible for all of them, other than taxes on Kleos’s net income. If you claim an exemption, you must provide a valid exemption certificate before invoicing.
4.3 Unless Kleos has agreed to credit terms in writing signed by an officer of Kleos, payment in full is due before Kleos processes or ships an Order. Kleos accepts wire transfer, electronic funds transfer, Interac e-Transfer, credit or debit card through its payment processor, and any other method stated on the invoice.
4.4 Where credit terms have been granted, invoices are due on the date stated on the invoice. Overdue amounts bear interest at 2% per month (24% per year), or the maximum rate permitted by applicable law if lower, from the due date until paid in full, before and after judgment.
4.5 If any amount is overdue, Kleos may, to the extent permitted by law and without further notice, suspend or cancel open Orders, withhold shipments, revoke credit terms and declare all amounts you owe immediately due. You will reimburse Kleos for all reasonable costs of collection, including legal fees, collection-agency fees and court costs.
4.6 Except as required by law, you may not withhold, set off, deduct or reduce any payment for any reason, including any claim you may have against Kleos.
4.7 Payment authorization and disputes. When you pay by card or other payment method, you authorize the charge in the amount of the invoice, including taxes and shipping, and you confirm that you are the authorized holder or user of the payment method. Because all sales are final (section 7), you agree to contact Kleos at support@kleoshealthcare.com before disputing any charge and to give Kleos ten (10) business days to respond. A chargeback, reversal or dispute raised for an Order that Kleos has shipped or made available for delivery, on any ground other than a transaction you did not authorize, is a breach of these Terms. If one occurs: (a) the full invoice amount remains owing; (b) you will reimburse the card-network and processor fees Kleos incurs and pay an administrative charge of CAD 150 (or USD 110) per disputed transaction, which the parties agree is a genuine pre-estimate of Kleos’s handling costs and not a penalty; (c) you authorize Kleos to provide these Terms, your Order records, communications, signed documents and proof of delivery to the card issuer, bank or payment provider; and (d) Kleos may suspend your account and pursue collection of all amounts owed.
4.8 Payment methods on file. If you have provided a payment method to Kleos or its payment processor, you authorize Kleos to charge that payment method for any amount that becomes due under these Terms, including amounts owing for products delivered under section 8, chargeback fees, and interest and costs under sections 4.4 and 4.5. Kleos will send you an invoice or receipt for each charge.
5. Shipping, delivery, title and risk
5.1 Kleos ships to addresses in Canada and the United States, and to other destinations it agrees to in writing. You are responsible for confirming that the products may lawfully be imported into, received at and used at the destination, and for all import formalities, unless Kleos has agreed in writing to act as importer of record.
5.2 Delivery dates and times are estimates only. Time of delivery is not of the essence. Kleos is not liable for any delay, and no delay entitles you to cancel an Order, refuse delivery or withhold payment.
5.3 Unless agreed otherwise in writing, Kleos selects the carrier and method of shipment and charges shipping as stated on the quotation, order form or invoice. Kleos may ship in instalments and invoice each instalment separately.
5.4 Delivery is complete, and risk of loss or damage passes to you, when Kleos delivers the products to the carrier at Kleos’s shipping point (FCA Kleos shipping point, Incoterms 2020, adapted as necessary for domestic shipments). Any claim for loss or damage in transit is against the carrier; Kleos will reasonably assist you in making such a claim but has no liability for it.
5.5 Retention of title. Title to products remains with Kleos until Kleos has received payment in full of all amounts owing for the Order and any other amounts you owe Kleos. Until then, you hold the products as bailee for Kleos, will store them separately and identifiably as Kleos’s property, will keep them insured for their full invoice value, and will not sell, pledge or encumber them except in the ordinary course of your business, with the proceeds of any such sale held in trust for Kleos. You grant Kleos a security interest in the products and their proceeds to secure payment. You authorize Kleos to register financing statements under the Personal Property Security Act (Ontario) and any other applicable personal property security legislation, to publish its rights in the Register of Personal and Movable Real Rights (Quebec), and to file financing statements under the Uniform Commercial Code in the United States, without further signature, and you will sign any document and provide any information Kleos reasonably requires to perfect its interest. If any amount is overdue, Kleos may, by lawful means, recover the products or their value.
5.6 You must have an authorized person available to receive deliveries during business hours. Orders above a value set by Kleos may ship with signature required. If delivery is refused, cannot be completed because no one is available, or is returned because of an incorrect address you supplied, you are responsible for all return, storage and redelivery charges, and risk of loss remains with you.
5.7 Temperature-sensitive products must be received promptly and stored as directed on their labelling and product documentation from the moment of delivery. Kleos has no responsibility for products after delivery.
6. Inspection and acceptance
6.1 You must inspect every delivery when it arrives. Products are deemed accepted, and conforming to the Order in quantity and description, unless you notify Kleos in writing within two (2) business days after delivery, describing the discrepancy and providing photographs of the shipment, packaging and products. After that time, you waive any claim that the products delivered were not the products or quantities ordered.
6.2 If Kleos confirms, after reviewing your notice under section 6.1, that it shipped the wrong product or a short quantity, Kleos will, at its option, ship the missing or correct product or credit the price you paid for it. That is your sole and exclusive remedy for a shipping discrepancy. Nothing in this section creates any right of return, refund, credit or replacement for any other reason. Claims for loss or damage in transit are governed by section 5.4. Any further accommodation that Kleos chooses to offer is a gesture of goodwill, is not an admission, and does not waive or vary these Terms or the Refund and Returns Policy for that Order or any future Order.
7. All sales are final
7.1 All sales are final. Kleos does not accept returns, exchanges or cancellations and does not issue refunds, credits or price adjustments for any product, for any reason, including change of mind, ordering error, over-ordering, clinic closure, loss of licence, change in regulation, product expiry after delivery, or dissatisfaction with results. The Kleos Refund and Returns Policy posted at kleoshealthcare.com forms part of these Terms.
7.2 You acknowledge that this policy is a material term, that it is reflected in Kleos’s pricing, and that Kleos would not accept your Order without it. Many products are temperature-sensitive or otherwise cannot be verified or resold once they leave Kleos’s control, which is why no product may be returned.
7.3 Unauthorized returns will be refused or held at your risk and expense. Kleos may dispose of any product returned without written authorization after 30 days without liability.
8. Products delivered before payment, samples, trial and consignment stock
8.1 If Kleos delivers any product to you before Kleos has received payment in full, whether because credit terms were granted, because of a payment failure, reversal or error, or because the product was provided on trial, evaluation, consignment or loan terms, the product remains Kleos’s property under section 5.5 and you hold it in trust for Kleos. This section does not apply to product that Kleos designates in writing as a no-charge sample.
8.2 Unless a written agreement signed by an officer of Kleos says otherwise, any product so delivered is deemed sold to you at Kleos’s then-current list price, and payment is due in full, on the earliest of (a) the due date on the invoice, (b) 30 days after delivery, (c) the date you open, use, apply, consume, resell or otherwise deal with any unit of the product, and (d) written demand by Kleos. Products provided on trial, evaluation, consignment or loan that remain unopened and in their original condition may be returned only with Kleos’s prior written authorization, at your cost and risk, and only where Kleos confirms in writing that it will accept them.
8.3 If you fail to pay for or return such product as required, you are liable for the full list price plus interest and costs under section 4, and Kleos may recover the product or its value by any lawful means, including under section 5.5 and section 4.8. Use of, or failure to return, product that belongs to Kleos is a conversion of Kleos’s property.
8.4 Samples and demonstration products are provided for professional evaluation only, carry no warranty, and are subject to sections 9 to 12.
9. Use of products and regulatory status
9.1 Cosmetic products. Products that Kleos identifies as cosmetics on their labelling are offered, sold and represented solely as cosmetics within the meaning of the Food and Drugs Act (Canada) and the United States Federal Food, Drug, and Cosmetic Act: preparations intended to be applied topically to the skin, hair or scalp, as directed in their labelling, to cleanse, beautify, promote attractiveness, or improve or alter the appearance of the skin or hair. They are not drugs, biologics, natural health products or medical devices; they are not sterile unless labelled as such; and they are not intended, represented or sold for injection, infusion, implantation, inhalation, ingestion, or any route of administration other than the topical application described in their labelling. Kleos makes no therapeutic, medical or drug claim of any kind for any cosmetic product.
9.2 Other products. Medical devices are sold for the intended use, indications and user population stated in their applicable Health Canada medical device licence (or, for Class I devices, their labelling) or their US FDA marketing authorization, and in their labelling. Natural health products and other regulated products are sold for the use stated in their licence or labelling. Kleos holds a Health Canada Medical Device Establishment Licence, which is a Canadian establishment licence and does not authorize distribution or use in any other country; section 5.1 applies to the lawfulness of receipt and use at your location.
9.3 Your responsibility. You are solely responsible for every decision about whether, how, when and on whom a product is used, applied or administered. Any use of a product outside the use described in sections 9.1 and 9.2 or in the product labelling (including any “off-label”, unapproved, combined, modified, reconstituted or non-topical use) is your independent professional decision, made without any recommendation, endorsement, instruction or authorization from Kleos, is contrary to these Terms, and is entirely at your own risk. Kleos has no liability of any kind for such use, and you will indemnify Kleos for it under section 13.
9.4 You will use, store, handle, label, market and, where permitted, resell products strictly in accordance with their labelling and instructions, and with all applicable laws, regulations, guidelines and professional standards, including those of Health Canada, the US Food and Drug Administration, provincial and state regulators, and your professional college or licensing board. You will not repackage, relabel, alter, adulterate or misbrand any product, remove any lot number or expiry date, or make any claim about a product that is not supported by its labelling. Unless Kleos agrees otherwise in writing, you will not sell products to consumers, to unlicensed persons, through online marketplaces (such as Amazon or eBay), or outside Canada and the United States, and you will not export, re-export or tranship products. You represent that you are not subject to sanctions and will comply with export-control and sanctions laws. Kleos may suspend or terminate supply for any breach of this section.
9.5 Information that Kleos provides, including training, protocols, brochures, website content, social media and conversations with Kleos’s team or representatives, is general product information for licensed professionals. It is not medical, legal or regulatory advice, does not recommend any particular treatment for any individual, and does not replace your own professional judgment or your own review of the applicable regulations. Any protocol or training describes the topical use of cosmetic products unless the labelling of a product expressly states otherwise.
9.6 You will report to Kleos at support@kleoshealthcare.com any serious adverse event involving a product within two (2) business days of becoming aware of it, and any other complaint, incident or suspected quality issue within five (5) business days. You will keep lot-level records of the products you receive and use for the longer of two (2) years and one (1) year after the product’s expiry date, will hold affected stock on notice of a recall or withdrawal, and will cooperate with Kleos, the manufacturer and regulators in any investigation, recall, withdrawal or inquiry, at your own cost for your own records and stock.
9.7 You will not advertise, describe or represent any Kleos cosmetic product as a drug, biologic, injectable or medical device, or as approved, licensed or cleared by any regulator, and you will not attribute to Kleos any claim, protocol or use that Kleos has not published in the product’s labelling.
10. Warranties and disclaimers
10.1 Kleos warrants only that, at the time Kleos delivers products to the carrier, they will match the description on Kleos’s order confirmation or invoice in product name and quantity. Where a manufacturer provides a written warranty for a medical device, Kleos will pass that warranty through to you to the extent the manufacturer permits, and repair or replacement by the manufacturer under that warranty is your sole and exclusive remedy for any defect in the device.
10.2 EXCEPT AS EXPRESSLY STATED IN SECTION 10.1, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLEOS DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, CORRESPONDENCE WITH SAMPLE OR DESCRIPTION, AND ANY WARRANTY OR CONDITION IMPLIED BY THE SALE OF GOODS ACT (ONTARIO) OR SIMILAR LEGISLATION OF ANY PROVINCE, TERRITORY OR STATE, OR BY THE UNIFORM COMMERCIAL CODE. KLEOS DOES NOT WARRANT OR GUARANTEE ANY CLINICAL, COSMETIC, AESTHETIC, PATIENT-SATISFACTION OR COMMERCIAL RESULT FROM ANY PRODUCT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KLEOS OR ITS REPRESENTATIVES CREATES ANY WARRANTY.
11. Limitation of liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KLEOS OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, SUPPLIERS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFIT, BUSINESS, GOODWILL, DATA, PATIENTS OR CLIENTS, OR FOR THE COST OF SUBSTITUTE PRODUCTS, ARISING OUT OF OR RELATING TO ANY ORDER, ANY PRODUCT, ITS USE OR INABILITY TO USE IT, OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF KLEOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLEOS’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER OR PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO KLEOS FOR THE SPECIFIC PRODUCT THAT GAVE RISE TO THE CLAIM.
11.3 The limitations in this section 11 apply even if any limited remedy fails of its essential purpose. They do not limit liability for fraud, for death or bodily injury caused by Kleos’s negligence, or any other liability that cannot be excluded or limited under applicable law, and in those cases Kleos’s liability is limited to the greatest extent the law allows.
11.4 Time limit for claims. Any claim by you against Kleos arising out of or relating to an Order, a product or these Terms must be commenced within one (1) year after the claim arose, after which it is barred. The parties agree that this varies the limitation period under section 22 of the Limitations Act, 2002 (Ontario), as a business agreement, and under section 2-725 of the Uniform Commercial Code. This section does not apply where the law of a jurisdiction does not permit a limitation period to be shortened, including in Quebec.
12. Product liability and insurance
You will maintain professional liability and commercial general liability insurance, including products-completed operations coverage, in amounts customary for your practice and adequate to cover claims arising from your use of the products, and will provide certificates on request.
13. Indemnity
You will defend, indemnify and hold harmless Kleos and its directors, officers, shareholders, employees, contractors, representatives, suppliers and affiliates from and against all claims, demands, actions, proceedings, losses, damages, judgments, settlements, fines, penalties, costs and expenses (including legal fees on a full-indemnity basis) arising out of or relating to: (a) your purchase, receipt, storage, handling, use, application, administration, marketing, labelling or resale of any product, including any claim by a patient, client, employee or regulator; (b) any use of a product other than as described in section 9; (c) any claim, statement or representation you make about a product; (d) your breach of these Terms or of any law, regulation or professional standard; (e) your negligence or wilful misconduct; or (f) any chargeback, payment dispute or failure to pay.
14. Events beyond Kleos's control
Kleos is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, fire, flood, earthquake, severe weather, epidemic or pandemic, war, terrorism, civil disturbance, strike or labour dispute, carrier or customs delay, supplier failure or allocation, shortage of product, material or transportation, cyber-attack, failure of utilities or communications, embargo, sanction, tariff, or any law, order or action of any government or regulator. Kleos may allocate available product among customers as it sees fit, and its obligations are suspended while the event continues.
15. Confidentiality and intellectual property
15.1 Pricing, discounts, product information not publicly available, training materials, protocols and other non-public information that Kleos provides are confidential. You will use them only for the purpose of purchasing and using products in your practice and will not disclose them to any third party.
15.2 All trademarks, trade names, logos, product names, images, text, training materials and other intellectual property of Kleos or its suppliers remain their property. No licence is granted except the limited right to use product labelling and Kleos-supplied marketing materials, unaltered, to promote products you have purchased, which Kleos may revoke at any time.
16. Governing law, jurisdiction and disputes
16.1 These Terms, every Order and every dispute or claim arising out of or relating to them or to any product (including non-contractual disputes and claims) are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply and is expressly excluded.
16.2 You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in Toronto for any claim you bring against Kleos, and waive any objection based on venue, inconvenient forum or lack of personal jurisdiction. Kleos may bring any claim to collect amounts owed, recover products or enforce these Terms in those courts or in any court that has jurisdiction over you or your assets, and you consent to the recognition and enforcement in any such jurisdiction of any judgment obtained in Ontario.
16.3 Before starting any court proceeding (other than a claim by Kleos for payment or to recover products, or an application for urgent injunctive relief), the party raising a dispute will give the other party written notice describing it, and the parties will attempt in good faith to resolve it through discussion between senior representatives for 30 days.
16.4 TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY, AND ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, AN ORDER OR A PRODUCT. CLAIMS MAY BE BROUGHT ONLY IN A PARTY’S INDIVIDUAL CAPACITY.
17. General
17.1 Changes. Kleos may revise these Terms at any time by posting the revised version on its website. The version in force when Kleos accepts an Order governs that Order.
17.2 Entire agreement. These Terms, the Refund and Returns Policy, the Product Use and Regulatory Notice, the Website Terms of Use (for Orders placed through the website), Kleos’s order confirmation or invoice, and any written agreement signed by an officer of Kleos are the entire agreement between you and Kleos about the Order and supersede all prior and contemporaneous negotiations, representations, proposals and agreements, oral or written. You confirm that you have not relied on any representation, statement or promise that is not set out in them.
17.3 Severability. If any provision of these Terms is held invalid, illegal or unenforceable in any jurisdiction, it will be enforced to the maximum extent permitted and, as to that jurisdiction only, severed to the extent necessary, and the remaining provisions remain in full force. If a limitation of liability or exclusion is held unenforceable, Kleos’s liability is limited to the greatest extent permitted by law.
17.4 Waiver. No failure, delay or course of dealing by Kleos in exercising any right operates as a waiver of it. A waiver is effective only if in writing signed by an officer of Kleos and applies only to the specific instance.
17.5 Assignment. You may not assign or transfer these Terms or any Order without Kleos’s prior written consent. Kleos may assign its rights and obligations, including receivables, to an affiliate, financier or successor.
17.6 Notices. Notices to Kleos must be sent by email to support@kleoshealthcare.com, with a copy by courier or registered mail to Kleos Health Inc., Suite 2505 – 1177 West Hastings Street, Vancouver, British Columbia V6E 2L3, Canada. Kleos may give notice to you by email to the address on your Order or account, and notice is deemed received on the business day after it is sent.
17.7 Survival. Sections 4 to 17 survive completion, cancellation or termination of any Order.
17.8 Electronic records. You agree that Kleos may keep records of Orders, acceptances, communications and these Terms in electronic form, and that printouts or electronic copies of them are admissible as evidence to the same extent as original paper records.
17.9 Independent parties. Kleos and you are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise or fiduciary relationship. Kleos sales representatives are independent contractors with the limited authority described in section 1.4.
17.10 Language. The parties have expressly requested that these Terms and all documents and notices relating to them be drawn up in English. A French version is available at kleoshealthcare.com; the parties confirm that the French version was made available to them before they accepted these Terms. Les parties ont expressément exigé que les présentes Conditions ainsi que tous les documents et avis qui s’y rattachent soient rédigés en anglais, après avoir pu prendre connaissance de la version française.
Contact
Kleos Health Inc.
Suite 2505 – 1177 West Hastings Street, Vancouver, British Columbia V6E 2L3, Canada
support@kleoshealthcare.com · +1 (604) 353-5582
Related legal documents: Terms and Conditions of Sale · Refund and Returns Policy · Privacy Policy · Website Terms of Use · Product Use and Regulatory Notice · Version française