Terms And CoNditions
TERMS AND CONDITIONS
By using the https://www.thetoxtechnique.com/ website (including any mobile versions thereof) (the “Site”) and any services of The Tox Holdings Corporation (the “Company”), you agree to follow and be bound by these terms and conditions (these “Terms”), and our Privacy Policy, which are hereby incorporated into these Terms. In these Terms, the words “you” and “your” refer to each Site visitor (or user) (each, a “User”) and each recipient of services of the Company, “we,” “us,” and “our” refer The Tox Holdings Corporation, a Florida corporation (the “Company”), and “Services” refers to all services provided by us.
We may revise these Terms at any time without notice to you. Modifications shall become effective immediately upon being posted on the Site. It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, you may not access the Site or our Services. If you have any questions about these Terms, please contact us at HELLO@THETOXTECHNIQUE.COM.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
Please also review our Privacy Policy: https://www.thetoxtechnique.com/privacy-policy
1. The Site and the Services. The Site is designed to enable you to request and book certain Services to be provided by trained staff of the Company. THE COMPANY DOES NOT PROVIDE MEDICAL SERVICES, CARE OR ADVICE. ONLY LICENSED HEALTHCARE PROVIDERS MAY PROVIDE MEDICAL SERVICES, CARE OR ADVICE. The use of the Service does not create a doctor-patient relationship and we recommend that you consult with your healthcare provider before using the Company’s Services or the Site to book such Services. We reserve the right to limit, prohibit or cancel orders of products or Services to any person, in our sole discretion. If we limit or cancel an order we will try, but are not obligated, to contact you per your provided contact information or through your account, if applicable.
2. Booking Services. By booking an appointment for the Services, whether via the Site or at any Company storefront, you agree to pay the fee indicated for the booked Service to the Company. Payment is due before Services are rendered. By booking the Services, you hereby authorize the Company or the applicable Company affiliate or subsidiary to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes. By submitting your booking, you represent and warrant that you are authorized to use the designated payment method and authorize us or our Payment Processor to charge your account for such Services. THE COMPANY DOES NOT ACCEPT HEALTH INSURANCE AS A FORM OF PAYMENT IN CONNECTION WITH ANY SERVICES. For Users that submit payments for Services using one of our third-party payment processors (“Payment Processor”), note that your credit and debit card information (number, expiration date, security code) is provided directly to the Payment Processor and is stored by the Payment Processor and not the Company, and as such, it is important to review the Payment Processor’s terms to understand its information and security practices.
3. Terms of Service. We reserve the right to vary, add, or eliminate any of the Services and/or facilities of the Company at any time. The Company reserves the right to close any facility and/or modify the hours of any facility at any time. In connection with your Membership and/or the provision of the Services, you must provide complete and accurate information requested in https://www.jotform.com/form/241983838083165#preview You shall promptly update the Treatment Consent & Indemnity should anything change. You understand that the Services are not meant to cure any disease and that you should consult with your healthcare provider prior to receiving any Services. The Services are not a massage technique, but a body sculpting technique that is performed primarily by estheticians. The risks associated with the Services include, but are not limited to: bruising, short-term muscle soreness, nauseous, and headache. It is your responsibility to inform your technician of any discomfort that you may feel during the receipt of any Services so that they may adjust accordingly.
4. Membership Terms. In addition to terms and conditions set forth herein with respect to the provision of Services, this Section 4 sets forth the terms and conditions of your membership (the “Membership Terms”) with the Company (the “Membership”), to the extent applicable. The current membership fee is $[49.00] per month (the “Membership Fee”) and no promotions or discounts may be applied toward your Membership Fee. In connection with the Membership, so long as your Membership remains active, you shall receive discounted Service pricing, a free facial added on any body Service purchased during your birthday month (provided your Membership is active during this period), 10% off on all products purchased, and two (2) semi-annual complimentary session upgrades (subject to same day availability). Your Membership is personal to you and may not be assigned, transferred, or otherwise disposed of to any other person. We reserve the right to update these Membership Terms at any time upon thirty (30) days’ notice of any changes, including (i) any increase in the Membership Fee, and/or (ii) change in the date of automatic withdrawal of your Membership Fee.
a. Term; Termination.
i. Term.
1. The initial term of your Membership shall be for a period of six (6) months commencing on the date of our receipt of the payment of your first Membership Fee to the Company (the “Initial Membership Term”).
2. Upon the expiration of the Initial Membership Term, your Membership shall automatically renew monthly (each, a “Membership Term”), beginning on the first of each month.
ii. Termination.
1. During the Initial Membership Term, you may not suspend or terminate your Membership prior to the expiration of the Initial Membership Term. A suspension or termination of your Membership prior to the expiration of the Initial Membership Term shall result in a one-time early termination fee in the amount of $150.00, which shall be charged to the debit or credit card that the Company has on file for your account. Additionally, any Membership terminated or suspended during the Initial Membership Term shall be subject to a one (1) year waiting period from the date of the termination or suspension of the Membership and during such waiting period, you may not utilize your Membership.
2. During the Membership Term:
a. You may terminate your Membership at any time for any reason pursuant to the terms of this section, within three (3) days after the expiration of the Initial Membership Period, by providing us notice, in writing, of your intention to cancel your Membership. Upon the termination of your Membership pursuant to the terms of this subsection (a), we will refund you, as promptly as possible, the monies actually paid (less the retail value of any Services or products you have used or purchased).
b. You may terminate your Membership upon written notice provided to the Company at least thirty (30) days prior to the first day of the ensuing Membership Term.
c. You may terminate your Membership at any time, pursuant to the terms of this section, if you are unable to utilize your Membership due to (1) death, (b) disability, (c) illness, (d) injury, or (e) your being called to active duty by the United States military and deployed outside of the state of your primary Company location. Additionally, you may suspend your Membership for up to a maximum of three (3) consecutive months due to a short-term disability, illness, or injury, provided that you provide us with a medical certificate from your healthcare provider and pay a suspension fee of $25 per month suspended.
3. To exercise your termination right, you must notify us, in writing, of your intent to cancel your Membership either in person or by email to HELLO@THETOXTECHNIQUE.COM. Any termination due to your (i) disability, illness, or injury, shall also include a signed doctor’s certificate from your healthcare professional, or (ii) being called for active duty military service, shall also include a copy of your official military orders in your notice of cancellation within thirty (30) days of the receipt of your call to active duty.
4. We reserve the right to cancel or suspend your Membership, at any time, upon the occurrence of any of the following:
a. Your commission of a breach of these Terms or the Privacy Policy;
b. Your failure to pay amounts, when due pursuant to the terms of these Terms, and such amounts remain due and outstanding for thirty (30) days after the date such amounts are due and owing; and
c. You knowingly provide false details when applying for your Membership, which information reasonably affects our decision to grant your Membership (i.e., misrepresenting or failing to disclose any existing medical conditions).
Should we suspend or cancel your Membership pursuant to the terms of this subsection, we reserve the right to retain any monies collected and apply the same toward any reasonable costs and expenses incurred by us in connection with terminating your Membership.
b. Membership Payment Terms. Payment of your Membership Fee shall be made in advance. The Company shall charge the Membership Fee against the debit/credit card on file for your account prior to the date of the commencement of each Membership Term. You are responsible for ensuring that the debt/credit card information remains accurate at all times during your Membership. Should your Membership Fee fail to be paid on the date it is to be paid and you fail to provide an alternate payment method within ten days after the date such Membership Fee is to be paid, we may exercise any and all rights available to us, whether under these Terms or applicable law, which may include, but is not limited to, the suspension of your Membership until such payment is made, assessing a late payment fee of $25.00, and/or terminating your Membership.
5. Refund Policy. Except as otherwise set forth in these Terms, we do not offer refunds for (i) Services (whether rendered or not rendered) or (ii) Memberships.
6. Medical Disclaimer; Waiver. The Company’s products and Services are not intended to diagnose, treat, cure, or prevent any medical condition(s) and are not in any way intended as medical advice or as a substitute for medical treatment. You hereby release and agree to hold the Company harmless from, and waive on behalf of yourself, your heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to you and/or property that may be caused by any act, or failure to act of the business, or that may otherwise arise in any way in connection with any Services received from the Company. You hereby acknowledge and agree that this release discharges the Company from and against any liability or claim that you, your heirs, or any personal representatives may have against the Company with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any Services received from the Company. This waiver and release extends to the Company and all owners, partners, and employees thereof.
7. Gift Cards. Gift cards for Services (“Tox Gift Cards”) may be purchased online and in stores. Tox Gift Cards may not be redeemed or applied against any portion of your Membership Fee.
8. Disclosure of Health Information.
a. In connection with the Services, you may voluntarily provide your physical and/or mental condition history for purposes of booking the Services.
b. Your health information disclosed to us in connection with the provision of our Services may be used as necessary to support the day-to-day activities and management of the Company. Disclosure of your health information or its use for any purpose other than those listed above requires your specific written authorization. If you change your mind after authorizing a use or disclosure of your information you may submit a written revocation of the authorization. However, your decision to revoke the authorization will not affect or undo any use or disclosure of information that occurred before you notified us of your decision to revoke your authorization.
c. You have certain rights under the federal privacy standards. These include: (i) the right to request restrictions on the use and disclosure of your protected health information, (ii) the right to receive confidential communications concerning your medical condition or treatment, (iii) the right to inspect and copy your protected health information, the right to amend or submit corrections to your protected health information, (iv) the right to receive an accounting of how and to whom your protected information has been disclosed, and (v) the right to receive a printed copy of these Terms.
9. Ownership. The Site is owned and operated by the Company. All right, title, and interest in and to the materials provided on the Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by the Company or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Site shall be construed to confer any license under any of the Company’s intellectual property rights, whether by estoppel, implication or otherwise. See our contact information above if you have any questions about obtaining such licenses. The Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Company. Any rights not expressly granted herein are reserved by the Company.
10. Links to Third Party Sites. The Site may contain links to websites controlled by parties other than the Company (each a “Third Party Site”). The Company may work with a number of partners and affiliates whose sites are linked with the Site. The Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such websites. The Company makes no guarantees about the content or quality of the products or services provided by such websites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to Users only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
11. Reviews, Comments, Communications And Other Content. At various locations on the Site, the Company may permit Users to post reviews, comments, and other content (the “User Content”). Contributions to, access to, and use of the User Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms. The Company is not the publisher or author of the User Content. It is a passive service for storage and dissemination of the ideas and opinions that Users may choose to post and distribute as User Content. The Company does not screen User Content before it is posted, and no prior approval is required for posting. The Company disclaims all copyright and ownership in such works and all responsibility for them. The Company has the right, in our sole and absolute discretion, to: (i) edit, redact or otherwise change any User Content; (ii) re-categorize any User Content to place it in a more appropriate location; or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms, including but not limited to User Content containing offensive language and advertisements.
12. Rights and Responsibilities of Users.
a. You are legally and ethically responsible for any User Content—writings, files, pictures or any other work—that you post or transmit using the Site or any other Service that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, trademark, etc.), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission. Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it.
b. By posting such User Content, you grant a license to the Company to use, reprint, distribute, modify and create derivative works that will be owned by the Company. In posting a work as User Content, you authorize other Users who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to the Company to copy your works as part of the normal backup process. You have the right to remove any of your works from User Content at any time.
c. If you post information on any of our chat groups, message boards or forums, such information you provide may be available to other Users of the Site and other Site visitors. You should use caution when deciding to disclose your personal information in these areas as we do not control who may participate in these interactive areas.
d. Any unsolicited communication or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, the Company will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
13. No Warranty. THE SITE AND ALL MATERIALS, DOCUMENTS AND OTHER INFORMATION, INCLUDING WITHOUT LIMITATION, USER CONTENT, ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE SERVICES OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICES OR ANY MATERIALS OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS OR INFORMATION.
14. Limitation of Liability. Neither the Company nor any other party involved in creating, producing, or delivering the Site assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site. Your use of and browsing in the Site are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE.. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
15. Indemnification. You agree to defend, indemnify and hold harmless the Company, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site, the Services, and the Materials.
16. Compliance with Intellectual Property Laws. When accessing the Site or using the Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your abc.com account.
17. Inappropriate Content. When accessing the Site or using the Services contained therein, you agree not to create, upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or foreign law; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate or delete such material from this Site. The Company will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
18. Inaccuracies at the Site. While the Company uses reasonable efforts to include accurate and up to date information at the Site, the Company makes no warranties or representations as to the Site’s accuracy. The Company disclaims any and all liability for the accuracy, completeness, correctness, or current-ness of such information.
19. Security at the Site. While the Company uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. The Company assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
20. Monitoring, Copying, Altering or Interfering With the Site. You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Site without the prior expressed written permission of the Company or the appropriate third party.
21. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
22. Arbitration. Any dispute, controversy or claim, whether in tort, contract or otherwise, that arises from or relates to these Terms, including whether the claims asserted are arbitrable, shall be exclusively and finally determined by arbitration before a single arbitrator pursuant to the rules of the American Arbitration Association (the “AAA”) as in effect from time to time. The enforceability of this arbitration agreement shall be governed by the U.S. Federal Arbitration Act. The venue for all arbitrations shall be New York City. The language to be used in the arbitral proceeding will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Arbitration shall not be deemed a waiver of the Company’s right to seek injunctive relief in any court of competent jurisdiction as provided for in these Terms. Each party will be responsible for its own legal fees, and the arbitrator may include the payment of attorneys' fees or expenses as a part of any award. Arbitrations arising from the same or related claims may be consolidated in one arbitral proceeding.
23. Severability. If any provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
24. Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
25. Entire Agreement. These Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
26. Assignment. User may not assign or delegate any of its rights, interest, or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Company. The Company may assign and delegate these Terms to successors in the event of a merger, acquisition, or other change in control. These Terms shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
27. Miscellaneous. Each party hereto shall comply with all applicable laws and regulations of governmental bodies or agencies in its performance under these Terms.