This Terms and Conditions governs any purchases you make through oHealth.com. PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY.
oHealth.com (“oHealth”) provides the Website as a location for buyers to locate and purchase new and used products through a consignment agreement with oHealth. When you make a purchase through the Website, you are purchasing the product from the independent seller and not from oHealth. You agree that oHealth is not an agent for you or for the seller and has no authority to act on your or on a seller’s behalf. oHealth reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions, at any time. It is your responsibility to check this Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING ANY SUCH REVISIONS TO THE TERMS AND CONDITIONSOR SUCH POLICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES, INCLUDING THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN “GOVERNING LAW AND ARBITRATION” SECTION BELOW TO RESOLVE ANY DISPUTES WITH oHealth (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE WEBSITE AND ASSOCIATED SERVICES.
Certain services offered on or through the Site require you to first open a customer account ("My Account"). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify oHealth immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by oHealth or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or of any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by oHealth in its sole discretion) on the infrastructure of the Site or on any of the systems or networks comprising or connected to the Site.
You also agree that oHealth may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) attempting to overcome or overcoming software security features limiting use of or protecting any Content, (3) attempted or actual discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms and Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that oHealth will not be liable to you or to any third party for termination of your access to the Site.
By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for oHealth to contact you at your e-mail address.
Shipment of the products you purchase in the Website are made by the seller and not oHealth. You agree that oHealth has no obligation to ship to you any product you purchase in the Website. You agree that oHealth may provide to the seller your shipping address for shipment of the products you purchase. You agree to pay the shipping charges in full for any product that you purchase.
YOU ACKNOWLEDGE, CONSENT AND AGREE THAT oHealth SHALL PROVIDE SELLERS WITH INFORMATION THAT IS REASONABLY NECESSARY FOR SELLERS TO SHIP THE PRODUCTS TO YOU AND TO COMMUNICATE WITH YOU REGARDING SUCH SHIPMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR PURCHASE. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, YOUR "SHIP TO" INFORMATION AND YOUR EMAIL ADDRESS. YOU HEREBY AGREE THAT oHealth SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY SELLER. You may receive access to certain information concerning other Website users when you use the Website. You hereby represent, warrant and agree (a) not to use any information regarding other Website users which is accessible from the Website or that may be disclosed to you by oHealth, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct oHealth deems unacceptable or objectionable.
While oHealth takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL oHealth OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER oHealth WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority and (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
All payments must be made by credit cards (VISA, MasterCard, American Express and Discover Network), debit cards, or other payment method specified by oHealth in its sole discretion. Your credit card will be authorized for the entire order amount immediately upon your placement of the order, and will be charged immediately upon oHealth’s receipt of shipment confirmation by the seller. You hereby authorize oHealth to charge your credit card accounts for any amount that you may owe oHealth or the seller. In addition, oHealth may also set off any amounts that you owe to oHealth or the seller against any amounts owed to you by oHealth or the seller. IN FACILITATING YOUR PAYMENT TO THE SELLER, oHealth DOES NOT PROVIDE YOUR CREDIT CARD INFORMATION TO THE SELLER.
You agree that you and seller are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your Website purchase. Seller is responsible to collect, report and remit any sales, use or other taxes required under applicable law. You agree (a) that oHealth has no responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold oHealth harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.
Once you have placed an order for a product in the Website, seller will be handling all aspects of the order process. oHealth will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller for any changes or cancellations that you wish to make to your order. The seller’s contact information can be found in your order detail located in your “My Account” or in the email we sent to you confirming your order.
Other than to verify that payment to the seller through your My Account was completed, oHealth does not provide any customer support for any purchase you make through the website, and you agree that oHealth is not responsible to provide any such support. If you have any questions about the product you purchased or your shipment you must contact the seller of your product directly for any customer support that you need. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.
You may not make any returns to oHealth of products you purchase in the Website. You must contact the seller for any product returns that you wish to make. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.
You agree that feedback you provide concerning Website sellers will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that oHealth may publicly post your feedback without any payment or other obligation to you. You agree that oHealth may edit your feedback in any way that oHealth sees fit and that oHealth may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.
You hereby represent and warrant that your use of the Website will comply with applicable laws, ordinances and regulations. oHealth may exclude any buyer, including you, from making purchases in the Website at any time and for any reason. Resellers may not purchase products on oHealth.com and oHealth reserves the right, at its sole discretion, to cancel such purchase.
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because the products on oHealth.com are sold over the internet on a national basis, it is not possible to know if the products are sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and you may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to oHealth, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without oHealth's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and oHealth reserves all rights not expressly granted hereunder. oHealth expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site
Policy to Terminate Privileges for Copyright Infringement.
oHealth will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to oHealth and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, oHealth will terminate the infringing customer's account. oHealth may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has a good faith belief that such unlawful infringement has in fact occurred. oHealth, as an Internet “Service Provider” thereunder, has implemented procedures for receiving written notification of claimed infringements and for processing such claims. oHealth respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the oHealth website, then please contact "Legal Department", via facsimile at (868) 290-4399 or e-mail.
Any written notice describing the infringing activity must include the following information
Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the Website, you must contact the seller directly to attempt to resolve the problem. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order. oHealth will not mediate, disputes, or resolve the matter on your behalf.
oHealth IS NOT THE SELLER/MERCHANT OF ANY OF THE GOODS OR SERVICES ON THE WEBSITE. oHealth HAS INSTITUTED A CLAIM PROCESS TO ASSIST YOU WITH CLAIMS THAT YOU MAY HAVE WITH THE SELLER. BECAUSE THE WEBSITE ALLOWS YOU TO MAKE THE PURCHASE THROUGH THE oHealth BASKET WITHOUT YOU HAVING TO PASS YOUR CREDIT CARD TO THE SELLER, oHealth CHARGES YOUR CREDIT CARD FOR THE SALE. ANY DISPUTE BROUGHT BY YOU THROUGH YOUR CREDIT CARD COMPANY AFFECTS oHealth RATHER THAN THE SELLER. THEREFORE, YOU CANNOT SUBMIT A CLAIM IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGE. IN ADDITION, oHealth MAY PREVENT FURTHER PURCHASES BY YOU THROUGH THE WEBSITE IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGES MADE THROUGH THE MARETPLACE.
You agree to indemnify, defend and hold harmless oHealth and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of any provision of this Website Buyer Agreement, or your violation of any law, regulation or third-party right.
IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE WEBSITE, OR BETWEEN YOU AND A SELLER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE WEBSITE, YOU HEREBY RELEASE oHealth AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE oHealth WEBSITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE WEBSITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL oHealth OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS WEBSITE BUYER AGREEMENT, YOUR USE OF THE oHealth WEBSITE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT OBTAINED THROUGH THE WEBSITE, ANY DELAY OR INABILITY TO USE THE oHealth WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE oHealth WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE oHealth WEBSITE OR THE oHealth SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF oHealth HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS WEBSITE BUYER AGREEMENT, THE MAXIMUM LIABILITY THAT oHealth SHALL HAVE IS LIMITED TO ANY COMMISSIONS ACTUALY RECEIVED BY oHealth IN CONNECTION WITH ANY PURCHASES MADE BY YOU FROM A SELLER THROUGH THE WEBSITE. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF oHealth. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS WEBSITE BUYER AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
The validity, construction and interpretation of this terms and Conditions, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of Trinidad and Tobago, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by Trinidad and Tobago law. You agree that any dispute, claim or controversy arising out of or relating in any way to the oHealth’s services or Sites or this Terms and Conditions or relating in any way to Website or Sites shall be determined by binding arbitration. You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and oHealth and oHealth waives its right to a trial by jury or to participate in a class action against you. This means that neither you or oHealth can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and oHealth further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void. You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Terms and Conditions and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
No delay or failure by oHealth to take action under this Terms and Conditions shall constitute any waiver by oHealth of any provision of this Website Buyer Agreement. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions will continue in full force and effect. This Terms and Conditions will bind and inure to the benefit of oHealth’s successors and assigns. Any claim under this Terms and Conditions must be brought within one (1) year after the cause of action arises. This Terms and Conditions is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms and Conditions shall be null and void. oHealth may freely assign this Terms and Conditions without consent or notice. This Terms and Conditions constitutes the complete and exclusive agreement between oHealth and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.