Terms & Conditions
VGH Solutions Inc.
VGH Solutions Inc., also doing business as DR-HO’S and referred to as DR-HO’S throughout these policies, maintains this product site (the "Site") for your personal entertainment, information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without prior written permission from DR-HO’S. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and DR-HO’S, if any, are superseded and of no force or effect.
Terms & Conditions
If DR-HO’S (“we”) has your product(s) in stock, we will email you a shipping notice confirming that the items have shipped and are en-route to you; that notice is our acceptance of your order. In-stock orders (excluding scheduled delivery items) normally ship within 2 business days of placing your order. Out-of-stock orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen.
Release dates for products can sometimes change without notice or liability. If you’ve pre-ordered a product, we’ll ship it as soon as possible after its final release date, which may be different from the initial date advertised.
You may contact us at:
Customer Care Department
145 Anderson Avenue,
Markham, ON L6E1A4
Contact Us online at firstname.lastname@example.org
We reserve the right to limit quantities available for sale or sold. No resellers; for commercial sales, please contact DR-HO’S at 1-877-374-6669 or email@example.com to discuss your business needs.
To the extent permitted by law, we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Web Site, we will provide you with an opportunity to place an order at the correct price.
Advertisements on our Web Site are invitations to you to make offers to purchase products and services on the Web Site and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a shipping notice email to your email address. That shipping notice email constitutes our acceptance of your order and forms a legally binding contract with DR-HO’S., which operates www.drhonow.com.
The total price of your order will be charged to your credit card when our shipping notice email has been sent to your email address. If you wish to cancel an order, you may request a cancellation by calling 1-877-374-6669. However, we may not receive and process your cancellation request before we accept and ship your order, in which case your cancellation request may not be effective. If for any reason you are not completely satisfied with a product you have purchased, you may return it according to our Returns and Exchanges policy.
We rely on the information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
Conditions of Use
This version in effect since April 2020
WELCOME TO www.drhonow.com. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE drhonow.com WEBSITE. IT EXEMPTS DR-HO’S AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors, Product Availability and Prices
6. Trade-mark Information
7. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
8. Login Names and Passwords
9. Software Agreements
12. Your Information
13. Disclaimers, Liability Exclusions/Limitations and Indemnity
14. Personal Information Privacy
15. Other Sites/Resources
17. Governing Law and Dispute Resolution
18. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and DR-HO’S regarding your access to and use of DR-HO'S website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to DR-HO'S affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with DR-HO'S, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. DR-HO'S reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain items). DR-HO'S ships products worldwide.
3. CHANGES TO THIS AGREEMENT
DR-HO'S may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of DR-HO'S and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of DR-HO'S. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
5. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
DR-HO'S endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. DR-HO'S cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. DR-HO'S does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
DR-HO'S reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Depending on your location prices and other amounts appearing on the Website are quoted in US dollars or Canadian dollars.
6. AGREEMENT TO PAY
You agree to pay for all Products or Subscription Content or Services subscribed to and purchased through your account or as a guest. Payment must be made using a valid and accepted credit card. If paying by credit card, you authorize us to charge the credit card that you provide to us the amount representing the price of the Product or Subscription Content or Service that you ordered (plus applicable taxes), which may be a single payment or, if and when available, on Installment Payments, as indicated when you order. If you have pre-authorized Installment Payments or Subscription Content or Services on your credit card, you agree to promptly update any information necessary to ensure that the payments are processed and acknowledge that you may not be able to access the Subscription Content or Service if you fail to do so or if you fail to make a payment, we reserver the right to limit, restrict, suspend or terminate access to any DR-HO’S warranties or protection plans. In the event of a credit card chargeback, the Subscription Content or Service and applicable warranties or protection plans will not be accessible until resolution of the chargeback and there will be no refund for the period that your Subscription Content or Service is inaccessible. Full information governing the terms and services of our Installment Payment options is available at Installment Payment Terms and Conditions.
7. TRADE-MARK INFORMATION
DR-HO'S logo and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by DR-HO'S or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
8. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of DR-HO'S are strictly prohibited. To request permission to link to the Website, please send an email to firstname.lastname@example.org. DR-HO'S may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
9. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by DR-HO'S. For the purposes of accessing the Website, the Codes remain the property of DR-HO'S and may be cancelled or suspended at any time by DR-HO'S in its discretion without any notice or liability to you or any other person.
DR-HO'S is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. DR-HO'S may act upon any communication that is given with the use of Codes. DR-HO'S may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if DR-HO'S is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify DR-HO'S by telephone 1-877-374-6669 or email to: email@example.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
10. SOFTWARE AGREEMENTS
DR-HO'S may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
From time to time DR-HO'S may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
You may post or submit reviews, comments or other content (“Content”), so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, commercial solicitation or any form of “spam” or unsolicited commercial electronic messages ("Submissions"). If you send Submissions to DR-HO'S or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to DR-HO'S and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications, display and exploit the Content or the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of DR-HO'S or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of DR-HO'S and its successors, assigns and licensees.
13. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. DR-HO'S will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, DR-HO'S or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
14. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY DR-HO'S TO THE FULLEST EXTENT PERMITTED BY LAW.
THE FOLLOWING CLAUSE IS INAPPLICABLE IN QUEBEC:
DR-HO'S AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY DR-HO'S OR ANY PERSON FOR WHOM DR-HO'S IS RESPONSIBLE, AND EVEN IF DR-HO'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
15. PERSONAL INFORMATION PRIVACY
16. OTHER BUSINESSES/SITES/RESOURCES
Parties other than DR-HO'S, such as partners (“Other Businesses”) operate stores, provide services, or sell products through the Website or in affiliation with DR-HO’S. In addition, for your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Businesses and Other Sites are independent from DR-HO'S, and DR-HO'S has no responsibility or liability for or control over Other Businesses and Other Sites, their business, goods, services, or content. DR-HO'S does not sponsor. endorse or warrant the offerings of Other Businesses or Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Businesses or Other Sites and your dealings with the owners or operators of Other Businesses or Other Sites is at your own risk, and you will not make any claim against DR-HO'S arising from, connected with, or relating to your use of Other Businesses or Other Sites or your dealings with the owners or operators of Other Businesses or Other Sites. You should review the privacy policies and other conditions of use of Other Businesses and Other Sites. As between you and DR-HO'S, this Agreement, with all necessary modifications, applies to your access and use of any Other Businesses or Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, DR-HO'S may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. DR-HO'S may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and DR-HO'S will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
18. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and DR-HO'S or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of Ontario, sitting in the City of Toronto (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
19. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement enures to the benefit of and is binding upon each of DR-HO'S and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. DR-HO'S may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to DR-HO'S.
You may contact DR-HO'S by telephone, email, or postal mail:
Customer Care Department
145 Anderson Avenue
Markham, ON L6E1A4