PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. These Terms and conditions which include the Policies listed below, the Testimonial Terms and Conditions, and Customer Agreement govern your use of this Web Site and any order or purchase you (the individual agreeing to these Terms and Conditions and the entity on whose behalf the individual agrees to these Terms and Conditions, “you”) make on this Web Site operated by Metagenics Canada, Inc. (“Metagenics” or “we”). These Terms and Conditions constitute a legal agreement between you and Metagenics; by using this Web Site and/or proceeding to place an order, you agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, you must cease use of this Web Site. Please print a copy of these Terms and Conditions for your records. If you are an individual accessing this Web Site and/or placing an order on this Web Site on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and Conditions. These Terms and Conditions include the following Metagenics policies that Practitioners agrees to comply with:
This Web Site is intended for use by users in Canada, and products purchased on this Web Site will only be shipped to Canadian addresses. You may only resell the products purchased on this Web Site to patients located in Canada.
All advertisements on this Web Site are invitations to purchase and not offers to sell. Metagenics reserves the right, at its sole discretion, to accept or reject your order once your order has been completed and submitted to Metagenics.
While it is Metagenics’ practice to confirm orders by email to the e-mail address associated with your order, this e-mail is a confirmation that your order has been received by Metagenics but does not constitute acceptance of your order. Metagenics reserves the right at any time after receipt of your order to accept or decline your order for any reason and Metagenics will contact you at the e-mail address provided in the order form of its decision to accept or reject your order. In the event that Metagenics rejects the order, Metagenics will have no obligation to fulfill your order and you will have no obligation to pay Metagenics for the order. Metagenics reserves the right, without prior notice, to limit the order quantity on any Order. Metagenics also may require verification of information prior to the acceptance and/or shipment of any order.
You agree to pay Metagenics the amount set out as the “Order Total” in your order summary (the “Fee”). The Fee is quoted in Canadian dollars and includes shipping and handling and all applicable taxes which you are responsible for paying.
If this is your first order on Metagenics.com/ca, please contact us (800-268-6200) following order placement to confirm payment terms and provide a credit card if required.
You will receive an email with further instructions if we require updated payment or account information to process your order.
Orders containing 11 or fewer bottles of probiotics will be charged a fee of $3.50 for refrigeration. When 12 or more bottles of probiotics are purchased, the refrigeration fee is waived.
Please note that communication from Metagenics may occasionally end up in your spam or junk folder. To ensure you receive our communication, please add Metagenics to your address book or list of authorized senders and monitor your junk mail regularly.
The purchase of products on this Web Site is subject to availability. In the event that Metagenics advises you that such products are no longer available, Metagenics will have no obligation to fulfill your order and you will have no obligation to pay Metagenics for the order. If you have already paid for the order, your only remedy is to receive a refund of the amount paid by you to Metagenics for the order.
You agree to comply with the Metagenics Credit Policy.
You also agree to the terms and conditions of the Customer Agreement.
For payments made using credit cards, you authorize Metagenics (and Metagenics’ designated payment processor) to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and Metagenics will have no obligation to fulfill your order.
You also authorize Metagenics (and Metagenics’ designated payment processor) to collect and store your credit card number, along with other related transaction information for use in connection with your current order and future purchases made through your account.
If you pay by credit card, Metagenics may obtain a pre-approval from the issuer of the card for an amount up to the amount of the Fee.
Metagenics will bill your card at the time of purchase or shortly after. If you cancel a transaction before completing it, that pre-approval may result in your funds not otherwise being immediately available.
Same day shipping: Products in stock on orders placed prior to 3:00 PM on a business day generally ship the same day. Orders placed after 3:00 PM may ship the following business day.
Transit time: Shipping, delivery, and package movement only occurs on business days. This applies to all orders, including those where Overnight upgraded shipping is requested. We do not ship to P.O. Boxes.
Refrigerated products: Orders containing refrigerated items, which in warmer climates include soft gel, probiotic, bar, and soft chew products, ship on Mondays, Tuesdays, and Wednesdays.
Business days exclude Saturdays, Sundays and statutory holidays observed by Metagenics.
You agree to the terms and conditions applicable to returns set out in the Metagenics Return Policy.
When you are setting up your account and/or making a purchase, you must provide Metagenics accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. If you become aware of unauthorized use of your account, you must notify Metagenics immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by Metagenics (or anyone else) due to the unauthorized use of your account.
Last modified: April 21, 2021
Metagenics Canada, Inc ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.metagenicscanada.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
We collect several types of information from and about users of our Website, including information:
We collect this information:
The information we collect on or through our Website may include:
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect automatically helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
We use Google Analytics, which uses cookies and similar technologies, to collect and analyze information about use of the website and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
We use information that we collect about you or that you provide to us, including any personal information:
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
We may also disclose your personal information:
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Personal information is maintained on our servers or those of our service providers and is accessible by authorized employees, representatives or agents who require access for the purposes described in this policy. The Company and our affiliates and service providers may process or store your personal information outside of Canada, including in the United States. While outside of Canada, personal information will be subject to applicable local laws.
You have the right to request access to or correction of your personal information, and to withdraw your consent to our processing of your personal information. These rights are subject to contractual and legal restrictions. We may take steps to verify your identity before honoring your requests. To exercise any of these rights, please contact us using the contact information provided in the Contact Information section below.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
If you have any questions or comments about this privacy policy or need to access this privacy policy in an alternative format due to having a disability, please contact PrivacyOffice@metagenics.com and toll free at 800-692-9400.
Postal Address:
Attn: Privacy Officer
Metagenics LLC.
25 Enterprise, Suite 200, Aliso Viejo, CA 92656
Click Here to download the Metagenics Internet Policy for Practitioner-Patient Sales
Click Here to download the Metagenics Internet Policy for Customers Selling Online to Non-Patients
This Metagenics Canada, Inc. Authorized Reseller Policy for Canada (this “Reseller Policy”) is issued by Metagenics, Inc. (“Metagenics”) and applies to Authorized Resellers of Metagenics products (each, a “Product” and, together, the “Products”) in the United States of America. By purchasing the Products for retail sale from Metagenics, or from an Authorized Distributor appointed by Metagenics, you (“Reseller” or “you”) agree to adhere to the terms of this Reseller Policy. Until your status as an Authorized Reseller is otherwise revoked by Metagenics, in Metagenics’ sole and absolute discretion, you shall be considered an “Authorized Reseller.” Metagenics may review your activities for compliance with this Reseller Policy, and you agree to cooperate with any such investigation, including, but not limited to, permitting inspection of your facilities and records related to the sale of the Products.
1. Authorized Customers. Reseller is authorized to sell the Products only to End Users in Canada. An “End User” is a purchaser of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to any third party. Reseller shall not sell or transfer Products to any person or entity Reseller knows, or has reason to know, intends to resell the Products. Reseller shall not sell or transfer a quantity of the Products to any individual greater than that typically purchased for personal use. Reseller shall not sell, ship, or promote the Products outside of Canada without Metagenics’ prior written consent in each instance.
2. Online Sales
(a) Reseller shall not offer for sale, or sell, the Products on or through any website, online marketplace (including, but not limited to, Amazon, eBay, Walmart Marketplace), mobile application, or other online forum without the prior written consent of Metagenics, to be granted by Metagenics only through execution by both parties of a Metagenics Canada, Inc. Authorized Online Seller Agreement for Canada. The terms of this Reseller Policy supersede any prior agreement between Metagenics and Reseller regarding the sale of the Products on or through websites, online marketplaces, mobile applications, and other online forums. Any authorization previously granted to Reseller by Metagenics to sell the Products on or through a website, online marketplace, mobile application, or other online forum is revoked.
(b) A Reseller (i) who is a healthcare professional with a license/certification (if required by law) or (ii) that is a business entity that has a healthcare professional as an owner, member, operator, manager, director, or other similar authority involved in the sales of the Products, is authorized to sell the Products on an eCommerce Store that is operated on behalf of such Reseller by an Authorized Distributor appointed by Metagenics. An “eCommerce Store” is a website, microsite, or mobile application that (x) is operated by such Authorized Distributor in its legal name or registered business or trade name, (y) is primarily used to facilitate orders of the Products from End Users on behalf of healthcare professional resellers, and (z) requires the prospective End User to create an account and log-in to purchase the Products.
(c) A Reseller who purchases directly from Metagenics and who has agreed to adhere to a Metagenics Online Webpage Agreement (the “Webpage Agreement”) is permitted to sell the Products through such Reseller’s “Practitioner Webpage” that is hosted by Metagenics, subject to the terms of the Webpage Agreement.
3. Sales Practices. Reseller shall conduct Reseller’s business in a reasonable and ethical manner at all times and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time. Reseller shall not make any warranties or representations concerning the Products except as expressly authorized by Metagenics. Reseller shall comply with all applicable laws, rules, regulations, and policies (a) applicable to Reseller’s business and/or (b) related to the marketing and sale of the Products. Reseller shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the Products or the reputation of Metagenics. Reseller shall not advertise Products not carried in inventory.
4. Product Care, Customer Service, and Other Quality Controls. Reseller shall comply with the Metagenics Canada, Inc. Product Care, Customer Service, and Other Quality Controls, attached hereto as Exhibit A, and as may be amended by Metagenics from time to time.
5. Regulatory Compliance. Reseller shall ensure that its operations are conducted in accordance with Canadian federal and applicable provincial law, including without limitation the Food and Drugs Act, the Food and Drug Regulations and the Natural Health Product Regulations.
6. Intellectual Property.
(a) Reseller acknowledges and agrees that Metagenics or its licensors own all proprietary rights in and to the Metagenics brand, name, logo, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (collectively, the “Metagenics IP”). Metagenics or its licensors grant Reseller a limited, nonexclusive, non-transferable, revocable license to use the Metagenics IP solely for purposes of marketing and selling the Products as set forth herein. This license will cease immediately upon termination of Reseller’s status as an Authorized Reseller. All goodwill arising from Reseller’s use of the Metagenics IP shall inure solely to the benefit of Metagenics or its licensors.
(b) Reseller’s use of the Metagenics IP shall be in accordance with any guidelines that may be provided by Metagenics from time to time and shall be commercially reasonable as to the size, placement, and other manner of use. Metagenics reserves the right to review and approve, in its sole and absolute discretion, Reseller’s use or intended use of the Metagenics IP at any time, without limitation. In marketing the Products, Reseller shall use only images of the Products supplied by Metagenics without modification, and Reseller shall ensure that all Product images and descriptions are accurate and up to date. All content included on Metagenics’ websites, including text, graphics, images, video clips, and audio clips, is the property of, or is licensed to, Metagenics and is protected by copyright law. Reseller shall not use, copy, reproduce, distribute, publish, display, modify, create derivative works from, transmit, or in any other way exploit, any part of copyrighted material without obtaining the prior written consent of Metagenics in each instance, which may be withheld in Metagenics’ sole and absolute discretion.
(c) Reseller shall not create, register, or use any domain name, social media screenname, or mobile application name that contains the name of Metagenics, any Metagenics product name, any Metagenics trademark, or any misspelling or confusingly similar variation of any Metagenics product name or trademark.
(d) Reseller shall not use the Metagenics IP to purchase online advertising or as key-words for paid advertising purposes.
7. Termination. Metagenics reserves the right to terminate Reseller’s status as an Authorized Reseller with written or electronic notice. Upon termination of Reseller’s status as an Authorized Reseller, Reseller shall immediately cease (i) selling the Products, (ii) acting in any manner that may reasonably give the impression that Reseller is an Authorized Reseller of Metagenics Products or has any affiliation whatsoever with Metagenics, and (iii) using any Metagenics IP.
8. Modification. Metagenics reserves the right to update, amend, or modify this Reseller Policy at any time. Unless otherwise specified, such amendments will take effect immediately, and Reseller’s continued use, advertising, offering for sale, or sale of the Products, use of the Metagenics IP, or use of any other information or materials provided by Metagenics to Reseller will be deemed Reseller’s acceptance of the amendments.
9. Confidentiality. This Reseller Policy, including its attached Exhibit A, constitute confidential, proprietary information of Metagenics and shall not be used for any purpose other than the authorized advertising and sale of the Products nor be disclosed to any third party without the prior written consent of Metagenics.
10. Language. The parties hereto confirm that it is their wish that this policy as well as other documents relating hereto, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette politique de même que tous les documents, y compris tous avis, s’y rattachant, soient rédigés en langue anglaise seulement.
EXHIBIT A
METAGENICS CANADA, INC. PRODUCT CARE, CUSTOMER SERVICE, AND OTHER QUALITY CONTROLS
Authorized Reseller shall:
Thank you for visiting Metagenics' website. The content, arrangement and layout of this web site, including, but not limited to, the trade-marks, logos, images and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized reproduction or use of the content, arrangement or layout of the web site, or the trade-marks found in the web site may violate civil or criminal laws, including, but not limited to, copyright and trade-mark laws.
The information provided in this website must not be construed as medical advice or used as a substitute for medical advice or for diagnosis or treatment. It is merely for educational purposes, and its completeness or accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have. You should not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on this website. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program.
This web site may contain links or references to third party web sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this web site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their web sites are solely those of such third parties and not of Metagenics or its affiliates. Your use of such third party web sites is subject to the terms and conditions of use and the privacy policies of such web sites.
INFORMATION ON THIS WEB SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
To ensure proper use of Metagenics' high quality nutriceuticals, we sell to healthcare professionals. If you would like to become part of our family of customers, the applications in this section can be printed, filled out and faxed to our Customer Service Department at: (949) 226-5860.
If you are not a healthcare professional, we would be happy to provide you with the names and contact information of several practitioners in your area. If you are a practitioner and would like to be added to our health care professional locator list, please contact our office.
METAGENICS CANADA, INC.
60-DAY SATISFACTION GUARANTEE
At Metagenics Canada, Inc. (“Metagenics”), we stand behind our products and quality controls. If for any reason you are not satisfied with a Metagenics® product you purchased from us or one of our authorized sellers, you may request a refund or replacement product. Please note that because we are unable to control the quality of our products sold by unauthorized sellers, unless otherwise prohibited by law, the Metagenics 60-Day Satisfaction Guarantee is not available for products purchased from unauthorized sellers. The Guarantee is also limited to the original, end-user purchaser.
How To Claim The Guarantee?
To submit a Guarantee request, please call one of our customer experience professionals at 800-268-6200 press 1 and have information available regarding where and when you purchased your product. If your request is approved, you will then need to mail your product, a proof of purchase, and your Guarantee approval confirmation number to: Metagenics Canada, Inc. 3250 Ridgeway Dr Unit 15, Mississauga, Ontario, L5L 5Y6, Canada.
You must submit your Guarantee request within 60 days of the date of purchase. Please note that you are responsible for costs incurred in mailing your product and proof of purchase.
Guarantee Guidelines
Metagenics reserves the right to verify information, require a valid proof of purchase, and to deny Guarantee requests in its discretion in cases of suspected fraud or if customer has abused the 60-Day Satisfaction Guarantee.
If you have any questions regarding whether a seller is an authorized Metagenics seller, please contact us at 800-268-6200 press 1.
Effective: September 15, 2022
