Policies

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:

Geographic Scope

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.

Order Process

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.

Availability

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.

Method of Payment

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.

Shipping

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.

Returns

You agree to the terms and conditions applicable to returns set out in the Metagenics Return Policy.

Your Account and Password

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.

Metagenics Internet Policy

Effective Dates:
August 1, 2019 - until further notice

Affected Customers:

  • Canadian customers
  • Customers selling predominantly online to Canadian end-users and who have limited-to-no direct practitioner-patient relationship
  • Does NOT apply to Customers’ sales of Bariatric Advantage products
Suggested Retail Pricing (No Direct Practitioner-Patient Relationship)

The Suggested Retail Pricing (“SRP”) Policy of Metagenics, Inc. (“Metagenics”) applies to all of Metagenics’ Customers selling its professional lines of products with the Metagenics logo or name on the label to end-users outside of a direct practitioner-patient relationship and requires such Customers to sell such products at or above the SRP as noted in the “Customer-Non-Patient Price List”. Any advertisements, discounts, rewards programs, coupons, special offers, sales, promotions, or price reductions resulting in a price below SRP must explicitly state, “Not valid on Metagenics’ products” and products must check-out at SRP or higher.

The Suggested Retail Prices are unilaterally set by Metagenics and are not open to discussion or negotiation with any Customer. Metagenics neither seeks (nor will it accept) any assurances from a Customer that such Customer will not deviate from this SRP Policy. 

Metagenics reserves the right to not sell or supply products to any Customer who is affiliated with a website that violates this SRP Policy.

Any publicly-viewable website reference or inference to discounts, price reductions, special call-in pricing, coupons, price-matching policies or any other special promotion or offer on Metagenics products will be deemed to be a violation of this policy and grounds for immediate suspension of affiliated Customer’s account(s).

Customer-owned websites/domain names must be registered to the individual or the business name of the practitioner or Customer who is purchasing products from Metagenics.

Notice

Metagenics reserves the right to not sell or supply its products to Customers, practitioner-Customers and Distributors who are not in compliance with Metagenics’ Internet Policies or who are selling or supplying Metagenics products to individuals or entities that are not in compliance with Metagenics’ Internet Policies.

Third-Party Sites

Metagenics’ policy is for all of its Customers selling Metagenics  products on-line to sell only on Customer-owned or Metagenics-hosted E-Commerce  websites. Metagenics does not authorize or permit sales of its professional lines of products on third-party websites (such as Amazon.com, eBay, and similar sites).

Metagenics reserves the right to not sell or supply products to any Customer who sells Metagenics products on third-party websites.

Metagenics will pursue the removal of unauthorized listings on third-party sites. Metagenics expects Customers selling Metagenics products to cooperate with requests related to third-party sites and investigatory inquiries.

Business Partners/Affiliate Programs

Metagenics products may not be re-sold or re-distributed by a Customer to affiliates or business partner of the Customer without Metagenics’ knowledge and prior written consent, which may be withheld in Metagenics’ sole discretion.

Payments for “click-throughs” or referral fees for the sale of a Metagenics product are prohibited.

Use of Trademarks

Customers shall not have the right to affix any of Metagenics’  trademarks to any product or other material other than in the manner permitted in this Policy. Customers agree to use the symbols and ®, as appropriate, when displaying Metagenics trademarks, which is intended to indicate Metagenics’ ownership of the trademarks and shall not be construed as a claim of ownership by the Customer. Customers shall not have any ownership right, title, or interest, express or implied, in Metagenics trademarks.

Customers may not use Metagenics trademarks (or copyrighted material) on third-party websites (such as Amazon, eBay, and similar sites). Metagenics trademarks may be used on social media websites (such as Facebook, Twitter, and similar sites), as long as usage complies with all other aspects of this Policy.   

Customers may not use Metagenics trademarks to purchase online advertising or as key words for paid advertising purposes.

Customers who choose to use Metagenics trademarks on their websites must do so in a manner that prevents the trademarks from being searchable or “crawled”, so as to prevent the website or webpage from appearing in search engine results.

The trademarks are solely and exclusively the property of Metagenics. 

Customers may use the Metagenics trademarks only in their current form, and in a form, context, and location that is acceptable to Metagenics.  Metagenics may review a Customer’s website at any time. Metagenics reserves the right to require a Customer to make changes to the Customer's website to the extent the Customer is using the Metagenics trademarks in a manner that violates Metagenics’ policies, any applicable Health Canada regulations, or any other applicable laws or regulations. 

Customers may not use any Metagenics product names, trademarks or copyrights as part of a URL (Universal Resource Locator), secondary level domain name, key word or file name.

All content included on Metagenics’ websites, including text, graphics, images, video clips, and audio clips, is the property of, or licensed by Metagenics and is protected by U.S. and international copyright laws. A Customer may not use, copy, reproduce, distribute, publish, display, modify, create derivative works, transmit, or in any other way exploit, any part of copyrighted material without obtaining the prior written consent of Metagenics, which may be withheld in Metagenics’ sole discretion. Content posted on Metagenics’ social media pages may be freely shared or re-posted.

The Metagenics logo may be used only in the special form supplied by Metagenics for use on Customer-owned websites; neither the file name nor the name of the image may be changed or modified from the original form supplied by Metagenics. The Metagenics logo may be accompanied by a statement indicating “I (We) proudly offer [insert Metagenics Company Logo] products.” No other statements may be affiliated with use of the logo.

Private Label, Custom Formula & Co-Branded Products

Customers may sell private label, co-branded, and custom-formula products on Customer-owned websites. Private label and custom-formula products may not be associated with Metagenics’ trademarks. 

Private label products that use Metagenics trademarks may not be sold on third-party websites (such as Amazon.com, eBay, and similar sites).

Health Claims

In an effort to protect you and us from potential legal liability due to the clear requirements of Health Canada with regard to health claims associated with natural health products or other products, only claims present on Metagenics product labels may be made or associated with Metagenics products and any such claims or any other promotion of Metagenics products must be made in compliance with all applicable laws. Metagenics may review Customer’s Web site at any time and reserves the right to require Customer to make changes to it based upon use of any intellectual property owned or controlled by Metagenics in association with any health claims, even if Metagenics has previously approved or accepted Customer’s Web site or the material displayed thereon. Metagenics may require Customer to make changes to Customer's Web site at any time to the extent Customer is using the Trademarks in a manner that violates applicable laws or regulations, or Metagenics policies. 

Miscellaneous

Metagenics may, in its sole discretion, revise this Policy at any time.  In addition, Metagenics may, in its sole discretion, terminate a Customer's non-exclusive, limited license to use Metagenics trademarks or copyrighted materials at any time upon written notice.          
Any failure or delay by Metagenics in enforcing any provisions of this Policy or any of Metagenics rights with respect to any of the trademarks shall in no way be considered a waiver of such provisions or rights and shall not prevent Metagenics from enforcing the same or other provisions or rights at a later date. 

Violations of Policy

Customers who violate this Policy will receive written notice from Metagenics that they are in violation of the Policy.  If a Customer fails to bring the Customer’s website into compliance, Metagenics may de-activate the Customer’s account and the Customer will no longer be able to purchase Metagenics products.  In addition, the Customer will be required to immediately cease all use of Metagenics’ trademarks and copyrighted materials on the Customer's website and on the Internet. 

Customers who correct their websites to comply with this Policy should promptly notify Metagenics.  Metagenics then will review the Customer's website.  If Metagenics determines that the Customer has brought his or her website into compliance, the Customer's account may be re-activated.  Re-activation, however, is at the sole discretion of Metagenics.   

Metagenics has adopted a zero-tolerance approach regarding enforcement of this Policy.  Once a Customer has fallen out of compliance with this Policy and has received a notice from Metagenics, in the event of any subsequent violation, Metagenics reserves the right to immediately terminate the Customer’s account.  In order for the Customer to continue any relationship with Metagenics, the Customer may be required to acquire and maintain an online store through Metagenics.com.

Metagenics' Copyright Policy

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.

Disclaimer

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.

Metagenics' Customer Policy

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.

Return Policy

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

Authorized Reseller Policy

Effective Date: November 1, 2022

This Metagenics Canada, Inc. Authorized Reseller Policy for Canada (this “Reseller Policy”) is issued by Metagenics Canada, 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.

  1. 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 Metagenics Canada, Inc. Authorized Online Seller Agreement. 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.
  2. 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, micro-site, 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.
  3. 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.                                                                                                                                                                                                           2

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. Resellers shall ensure that their 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.

  1. 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, non-exclusive, 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.
  2. 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.
  3. 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.
  4. 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:

  1. Comply with all instructions provided by Metagenics regarding the storage, handling, shipping, disposal, or other aspect of the Products, including instructions provided on Product labels; store the Products in a sanitary environment away from direct sunlight; unless otherwise instructed by Metagenics, store the Products at room temperature in a cool dry place and tightly capped; handle the Products in accordance with good industrial hygiene and safety practices;
  2. Sell the Products in their original packaging;
  3. Not relabel, repackage, or otherwise alter the Products or their packaging (including refraining from separating bundled Products and refraining from bundling separate Products);
  4. Not remove, translate, or modify the contents of any label or literature on or accompanying the Products;
  5. Not tamper with, deface, or otherwise alter any serial number, UPC code, batch or lot code, or other identifying information on the Products or their packaging or dilute the Products;
  6. Not resell any Product that has been returned opened or repackaged;
  7. Inspect the Products and their packaging, promptly upon receipt of the Products, for damage, defects, broken seals, evidence of tampering, or other nonconformance (each, a “Defect”) and, if any Defect is identified, not offer the Product for sale and promptly report the Defect to Metagenics at (800) 692-9400;
  8. Manage Product inventory, in order to insure freshness, on a “first-in, first-out” manner, with older inventory being sold before newer inventory of the same Product;
  9. Inspect Product inventory regularly for expired or soon-to-be expired Products, not sell any Products that are expired or within ninety (90) days of expiration, and destroy or dispose of expired or soon-to-be expired Products in accordance with instructions provided by Metagenics and applicable law;
  10. Become familiar with the special features of the Products marketed for sale and obtain sufficient Product knowledge to advise customers on the selection and safe use of the Products, as well as any applicable guarantee or return policy; be available to respond to customer questions and concerns both before and after sale of the Products and respond to customer inquiries promptly;
  11. Cooperate with Metagenics with respect to any Product tracking systems that Metagenics may implement from time to time, and maintain in Canada such documents and records (for such period of time) as may be required by applicable law to ensure that the Products may be traced in the event of a Product recall or safety incident;
  12. Cooperate with Metagenics with respect to any Product recall or other consumer safety information dissemination efforts, and if any regulatory authority issues a recall or takes similar action in connection with the Products, or if Metagenics determines that an event, incident or circumstances has occurred which requires a recall or market withdrawal of the Products, Metagenics shall advise you.  Metagenics shall have the right to control and manage any Product recall, and you must cooperate fully with Metagenics in the event of a Product recall or any consumer safety information dissemination efforts.  Provide Metagenics with information regarding sales of the Products when requested by Metagenics, at no charge, and in the case of information requested in connection with a recall of any Product within twenty-four (24) hours.  In the event of a recall, you shall pay all costs and expenses you incur resulting from such recall and to the extent that the recall arises out of or results from your negligence, and you shall also be responsible for the expenses and costs incurred by Metagenics in respect of such recall;
  13. Report to Metagenics (within 48 hours or such shorter period as may be required by applicable law) any adverse claim regarding the Products of which you become aware and assist Metagenics in investigating and resolving any such complaint or adverse claim.  In the event the customer complaint or adverse claim relates to an incident or occurrence that resulted or may reasonably have been expected to result in serious injury to an individual or serious adverse effect on an individual’s health (including, without limitation, if such complaint or adverse claim relates to incorrect or insufficient labelling instructions or the lack of a label or instructions), immediately report such complaint or adverse claim to Metagenics.  Cooperate fully with Metagenics and assist Metagenics in investigating all complaints or adverse claims regarding the Products.  As between you and Metagenics, Metagenics shall have the sole authority to correspond with regulatory authorities with respect to complaints or adverse claims regarding the Products; and
  14. Cooperate with Metagenics in the investigation and resolution of any quality or customer service issues related to the sale of the Products, including disclosing information regarding Product sources, shipment, and handling.

HIPAA Marketing Authorization

AUTHORIZATION TO USE AND DISCLOSE HEALTH INFORMATION

Metagenics Canada, Inc. (“Metagenics”) is a health science company focused on helping individuals realize their health potential by partnering with health care professionals to provide patients with personalized tools and plans to improve their diet and lifestyle. I hereby authorize my health care provider to disclose to Metagenics, and for Metagenics to use and disclose my health information for the following purposes:

  • Marketing. To receive marketing communications, advertisements, or other communications from Metagenics about products, service, programs, scientific research, surveys, and other special initiatives.
  • Permission to Text/Auto-Dial. I consent to receive recurring automated text messages and/or prerecorded calls from Metagenics and/or its agents or vendors at the phone number(s) that I provided on the previous screen for any purpose, including messages, that may include order confirmations, refill reminders, marketing, sales, or offers. Consent is not a condition to purchase any goods or services. Message and data rates may apply. Text STOP to cancel.

Information to be Disclosed: Metagenics may use and disclose the following health information about me: name, mailing address, email address, telephone number, and products purchased.

My Rights
  • I acknowledge that I have the right to revoke this authorization at any time, except to the extent that protected health information has already been used and disclosed by Metagenics in reliance on this authorization. I understand that I must revoke this authorization in writing by sending a dated and signed letter stating that I revoke this authorization to the Privacy Officer at the following address: Metagenics, Inc. 25 Enterprise #200, Aliso Viejo, CA 92656. I acknowledge that the revocation of the authorization will be effective upon receipt of the revocation letter by the Privacy Officer.
  • I understand that this authorization is voluntary and that I do not have to sign this authorization. Metagenics will not condition treatment, payment, enrollment or eligibility for benefits on whether I sign this authorization.

Expiration: Unless otherwise revoked, this authorization will expire on December 31, 2050.

Automatic Re-Orders (Subscriptions)

Subscriptions are convenient, and help you save both time and money. Choosing the subscription program option will help ensure that you don’t run out of your practitioner-recommended supplements, as refills are automatically shipped to you at the frequency you select. The available options you may choose for frequency are: monthly, once every 45 days, two months, three months, or on a specified billing date each month. AROs may be easily modified online by logging into your account, making your desired changes, and agreeing to any changes in Terms and Conditions. Subscriptions will continue until cancelled. You must cancel at least 24 hours before your next order is placed in order to avoid being charged. If you choose to cancel or make changes when there are fewer than twenty-four (24) hours prior to the scheduled processing date, those changes may not be effective in time for the pending shipment. To cancel, log in to your account and go to Manage Subscriptions and then click cancel on the subscription you wish to cancel.

If you have any questions, including regarding how to cancel, please call Metagenics Customer Service at (800) 692-9400.

All Subscriptions are subject to the Metagenics Patient Return Policy.

Metagenics Return Policy

Metagenics does not take title to returned items until the item arrives at our Returns Center. For more information about returns and refunds, please see our Patient Return Policy.

Website Privacy Policy

Last modified: April 21, 2021

Introduction

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:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications, you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

 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.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, IP address or any other identifier by which you may be identified, whether on its own or when combined with other information, and any information about you that is associated with such information, such location information and usage details ("personal information");
  • About your internet connection, the equipment you use to access our Website.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our affiliates or service providers who collect personal information on our behalf or our customers.
Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.

 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.

Information We Collect Through Automatic Data Collection Technologies.

 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:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

 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:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

 The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 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.

How We Use Your Information

 We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

 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.

Disclosure of 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:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

 We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • • To enforce or apply our terms of use (https://www.metagenicscanada.com/terms-of-use) and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.
Choices About How We Use and Disclose Your 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:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
Your Canada Privacy Rights

 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.

 

Data Security

 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.

Changes to Our Privacy Policy

 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.

Contact Information

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 [email protected] and toll free at 800-692-9400.

Postal Address:

Attn: Privacy Officer
Metagenics, Inc.
25 Enterprise, Suite 200, Aliso Viejo, CA 92656

OnlineTM Webpage Agreement – Recommendation eStore

Terms and Conditions

 

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Metagenics Canada OnlineTM Webpage Agreement – Recommendation eStore

 

THIS METAGENICS CANADA ONLINETM WEBPAGE AGREEMENT – RECOMMENDATION ESTORE (“Agreement”) is effective as of the date signed by Practitioner (the “Effective Date”) by and between Metagenics Canada, Inc., a corporation organized and existing under the laws of the Province of Ontario, with offices at 3250 Ridgeway Drive, Unit 15, Mississauga, ON L5L 5Y6, Canada (“Metagenics”), and the undersigned Practitioner (“Practitioner”).

 

RECITALS

 

A.        Metagenics is a life sciences company that manufactures natural health products, nutritional products, dietary supplements, dietary ingredients, and medical foods for sale in commerce based upon Metagenics’ own formulas or recipes or upon formulas or recipes obtained pursuant to license (or which exist in the public domain).

 

B.        Metagenics has developed software (the “Software”) for the establishment and operation of separate webpages for the recommendation by healthcare practitioners of Metagenics products, which webpages are identified specifically to an individual healthcare practitioner and serve the needs of such individual practitioner’s own patients.

 

C.        Practitioner is interested in establishing a unique webpage (the “Webpage”) on Metagenics’ website, through which Practitioner may recommend to Practitioner’s patients Metagenics dietary supplements and medical foods, for the purposes of (i) providing patient convenience, (ii) meeting specified nutritional protocols established by Practitioner, (iii) improving patient compliance with such recommended protocols, and (iv) tracking patients’ actual compliance with such protocols.

 

D.        Metagenics desires to use Practitioner’s name and logo on the Webpage, and Practitioner is willing to grant Metagenics the right to use Practitioner’s name and logo on the Webpage, pursuant to the terms and conditions of this Agreement.

 

NOW, THEREFORE, the parties hereto hereby agree as follows:

  1. DEFINITIONS.  The terms set forth below shall be defined as follows:
    1. Confidential Information” of a party is information which the party claiming confidentiality designates as “Confidential,” including without limitation any computer code, Content (as described below), other content, documentation, marketing plans or other similar information.  “Confidential Information” of Metagenics includes the source code of the Software.
    2. Software” shall mean all software and any software tools, both in object code and source code form, which Metagenics has already developed (or which Metagenics subsequently develops) or which Metagenics licenses from a third party, for establishing and maintaining Practitioner’s Webpage.
    3. Webpage” shall mean the unique page established using Practitioner’s name and logo, on Metagenics’ own website, using the Software, and maintained and supported on the Metagenics server.

 

  1. PURPOSE; LICENSE; CONTENT; SERVER; DEVELOPMENT SERVICES.
    1. Purpose.  The purpose of Practitioner’s Webpage shall include, without limitation, the dissemination of information, the display of Metagenics products for order and purchase, the presentation of advertising, and other purposes.
    2. License.  Practitioner hereby grants to Metagenics a non-exclusive, non-assignable license to use Practitioner’s name and logo for all uses necessary or appropriate to the operation of Practitioner’s Webpage, in