Terms and Conditions and Terms of Service

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Our Programs, Products, and Services are owned and operated by TobiasLab. By using any of our Programs, Products and Services you are agreeing to the Terms and Conditions and Terms of Service as they appear herein and at www.tobiaslab.com/terms and are legally bound by them, whether or not you have read them.

 

LIMITATIONS OF TERMS

If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services. If any parts of these Terms and Conditions and Terms of Service ("the Terms") are not enforceable by law, the rest of the Terms shall remain in force and enforceable without limit.

TobiasLab is a Private Membership Association ("the Association"). You agree to become a Member of the Naturopathic Microscopy Health Freedom Private Club by purchasing a membership from TobiasLab, and you declare that (a) you are NOT a government agent, detective or spy working to entrap someone and that (b) any product or service that you give money to is a donation for its production and NOT a purchase. This Membership does NOT expire. This Membership Fee is deducted from your initial exchange for products and/or services, and is seven dollars Canadian funds per family per year. You agree that you would like to use natural substances privately and you wish to obtain from other members certain health items and services, which are created in a controlled manner backed by scientific data traditional use. As a Member you agree not to complain to any government body in any jurisdiction about the Club and its Membership offerings as this is a private Member Agreement. Your use of TobiasLab and all associated products, websites, or services offered and available from them and associated products, websites, or services are offered to you on your acceptance of our Terms, Terms of Service, our Privacy Policy, our Disclaimer and Waiver, and other notices posted on this website and printed material. Membership in Naturopathic Microscopy Health Freedom Private Club is operated by TobiasLab.

By offering money or using any of our Programs, Products or Services, you agree to accept these Terms of Use as well as our Disclaimer, Terms and Conditions and Privacy Policy, Important Notices and any other terms and conditions, herein sometimes referred to as "the Conditions" that apply, and are you are required to act in accordance with them. The Conditions apply for all sessions, whether in-person (Winnipeg) or by telephone or video conference. For non-local consultations, sessions may be by telephone within Canada or the United States, but the preferred methods worldwide are by Facetime (iPhone), or Facebook Messenger.

All of our Programs, Products, Services and Program Materials ("Membership Materials") are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use.

In some cases (eg. natural health products and/or services, but not limited to natural health products and/or services) products or services will be offered to persons of all ages. This will be done only when an authorized adult guardian is present or provides other legal authorization/s. In such cases the authorized adult guardian assumes all responsibility for the use and supervision of such products and/or services. When natural health supplements and/or products are provided for a child by the authorization of an adult guardian of the child, the adult guardian acknowledges herein that the instructions for use of said products and/or services on product labels are usually for adults and that recommended instructions and/or doses have been clearly provided and explained for children by generally accepted measurements and/or doses which have been determined for children by weight. Everyone, not limited to but including the adult guardian of children using these products and/or services accepts all responsibilities for the use of any and all products and services and agrees to hold TobiasLab and its employees, management, and representatives and any other person or company which represents the products and/or services of TobiasLab harmless and free of any and all liabilities arising from the use of said products and/or services in perpetuity. The acceptances, liability waivers, and responsibilities within this agreement apply to all individuals regardless of age.

TobiasLab provides natural health products and combinations of such products which are formulated on-site. TobiasLab does so under the auspices of the Canadian Natural and Non-prescription Health Products Directorate of the Government of Canada. Compounding is generally understood as a process whereby a health practitioner mixes, or prepares health products (natural, medicinal, etc.) to an exact specification tailored to a patient's needs, and in a vehicle desired (cream, lotion, gel, drops, capsules, pellets, etc.) Compounding is generally used to:

1. Provide products unavailable or not readily available in the specifications needed by a practitioner (eg., strength) to address the specific health concerns, symptoms and needs of a particular patient, and/or to meet the specific requirements of a particular health care practice;

​2. Provide products free of preservatives, dyes and chemical allergens; and

3. Prepare palatable flavored dosage forms. Compounding is an activity performed by a health care practitioner in the context of a practitioner-patient relationship.

All persons  using products such as those described above accept full and sole responsibility for the proper use of said products. When questions about proper use occur, said individual users agree to discontinue use of said products until such time as proper instructions may be obtained from TobiasLab or other health professionals.

Natural Product Descriptions

The information written on the natural products available from TobiasLab are not medical claims. This information is written as a guideline indicating what each natural product has been used for traditionally over centuries. The information written on the natural products is not an indication that any treatments or cures have been found, suggested, or approved by regulatory health authorities or anyone else.  The information written on the natural products you may transact/exchange and/or use from TobiasLab is not to be used to treat, cure, or diagnose any illness or disease, and no claims are made as such.  All information is provided for educational purposes only. You must seek professional medical advice prior to implementing any natural medicines and/or other strategies provided to you by TobiasLab, and by booking services and/or purchasing product(s) agree to do so, and agree to all the conditions contained herein.

Our Limited License to You

Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates, licensees, are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you exchange for or access any of our Program Materials or services through our Programs, Products or Services, and/or website and/or in person, and/or electronically, you will be considered our Licensee and Member. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

When you apply for, enroll in, transact for, exchange for, schedule, or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).

CONFIDENTIALITY

By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline.  However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.

As a Member and/or Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services and Program Materials. Our Programs, Products, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services and Program Materials.

LIABILITY

Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

MAIL
If you have elected to have a product mailed to you, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with the mailed product(s). To be clear, by using this service and/or these services, you take full responsibility and liability for the delivery of the product to you. In the event that the product is damaged or lost, you agree to take full responsibility for the cost of the product(s), cost of mailing the product(s), and any associated replacement costs without exception.

DISCLAIMER

Medical Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. TobiasLab offers certified live blood analysis and clinical family herbalist services. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from TobiasLab. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. TobiasLab is not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. TobiasLab is not giving medical, psychological, or religious advice whatsoever.

Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial adviser. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial adviser for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

TobiasLab and its representatives are not psychologists, doctors or financial advisers. TobiasLab representatives will not diagnose, treat or cure medical or psychological conditions and will not "heal" or "cure" you. TobiasLab can only facilitate your wellbeing through nutritional advice based on live blood microscopy and his expertise in herbal and other supplementations.

WE MAKE NO WARRANTIES AS TO OUR MEMBERSHIP, PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

​We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research, consciousness studies and the mystical arts is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

TRANSACTIONS

If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.

In the event that financial exchange is not received by the date due, you will have a seven (7) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make financial responsibilities in a timely manner in accordance with these Terms of Use and/or Membership, voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full value of the Programs, Products and/or Services.

​All information obtained during your transaction/s for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

​You agree to only transact for goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all transactions made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

 

PRICES

 

Prices and costs associated with your transacted items may change at any time without prior notice.  You agree to inquire about costs on the day/s of service prior to using any service or product.

​REFUNDS

​Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided. By paying for any service/s and/or product/s you are acknowledging your acceptance of these Terms and Conditions in their entirety. However, transaction and/or exchange of a product and/or service is not required as an acknowledgement of acceptance of these Terms and Conditions.

 

APPOINTMENTS

 

If you need to change an appointment, you are required to do so with a minimum of 48 hours notice. After that, you will be responsible for the full cost of your appointment. This is as a courtesy to other members who are waiting for appointments.

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PICKUPS

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Pickups are by appointment only and must be arranged a minimum of 24 hours beforehand.

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NO UNSCHEDULED DROP-INS ARE ALLOWED - NO EXCEPTIONS.

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PICKUPS BY EMAIL ONLY - NO TEXT MESSAGES

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Please note, we work hard to ensure you have available what you need. To be courteous to patients who are in consultation, we cannot allow interruptions.  Please be thoughtful about this - no exceptions.

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TobiasLab will offer you the best options available for pickups for any given day. As no other time options are available, please do not push for a different time - such requests will be ignored as we simply do not have time to negotiate.  There have been more than 100 request messages in a single afternoon for pickups and we are not equipped to respond to this number of messages. No pickups available weekends or evenings

after 6pm.​ Poor manners will not be tolerated and will result in immediate suspension of services without notice.

​TERMINATION

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to: tobiaslabcanada@gmail.com

​We reserve the right in our sole discretion to refuse or terminate your access to our Membership, Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, and/or by sending you an e-mail to the e-mail address you provided upon transaction and/or exchange of the Program, Product or Service or Membership at our discretion. In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

​Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Membership, Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion. All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

​By scheduling an appointment with and/or using products provided by TobiasLab, you are indicating that you have read and are agreeing to the FULL TERMS detailed here.  These Terms and Conditions are binding upon all visits, services, and products procured from TobiasLab both past and future, and are available at: www.tobiaslab.com/terms.  Please read them carefully. These Terms and Conditions may be updated at any time without notice - you accept all responsibility for ensuring you know the most current Terms and Conditions. Please be clear with the policies prior to booking and using products and/or services!

By booking services and/or exchanging and/or procuring products or services provided by TobiasLab, you agree to hold TobiasLab and the Association and its representatives faultless for any all situations, actions or circumstances that result from any and all of these services and all of this information, and any other information provided to you while consulting with or using products procured from TobiasLab and you are agreeing to the Conditions described herein for all services that have been provided, or will be provided to you by TobiasLab et al, past, present, and future.

QUESTIONS

If you have a question or concern about your Programs, Products, Services, or Program Materials, we will do our best to reply to your question or concern promptly if you send an inquiry from the contact form here or by emailing tobiaslabcanada@gmail.com