Terms and Conditions
Terms & Conditions
Effective Date: June 16, 2020
Welcome to newnesscare.com and newnesscare.ca, collectively referred to as the “Site.”
Newnesscare Inc. provides the content and services available on the Site to you subject to the following Terms and Conditions, our Privacy Policy, and other terms, conditions, and policies that you may find throughout our Site in connection with certain functionality, features, promotions, or customer service. All of these are deemed part of and included within these Terms and Conditions, collectively referred to as the “Terms and Conditions.”
By accessing or using the Site, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
A. Privacy
Please review our Privacy Policy so that you may understand our privacy practices.
B. Products and Services for Personal Use
The products and services available on the Site, and any samples we may provide to you, are for personal use only.
You may not sell or resell any products, services, or samples that you purchase or otherwise receive from us.
Any unauthorized sale or resale of a Newnesscare product voids the manufacturer warranty of said products.
We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled, or products or services to be provided to you, that we believe, in our sole discretion, may result in a violation of our Terms and Conditions.
C. Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site, such as order processing, shipping, and handling, please refer to the relevant sections of the Site.
As the purchaser, you agree that you are solely responsible for all charges.
Furthermore, you understand and agree that the charges are irrevocable and may not be charged back at any time in the future.
D. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site.
However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information, or other content available on the Site are accurate, complete, reliable, current, or error-free.
E. Intellectual Property
All information and content available on the Site, including its look and feel, is the property of Newnesscare Inc., our partners, or licensors.
This includes, but is not limited to:
- Trademarks;
- Logos;
- Service marks;
- Text;
- Graphics;
- Button icons;
- Images;
- Audio clips;
- Data compilations;
- Software;
- The compilation and organization of the above.
Collectively, this is referred to as the “Content.”
The Content is protected under the laws of Canada, including laws governing copyrights and trademarks.
F. Your Obligations and Responsibilities
When accessing or using the Site, you shall comply with these Terms and Conditions, as well as any special warnings or instructions for access or use posted on the Site.
You shall always act in accordance with:
- The law;
- Custom;
- Good faith.
You may not make any change or alteration to the Site, or to any content or services that may appear on the Site.
You may not impair the integrity or operation of the Site in any way.
Without limiting any other provision of these Terms and Conditions, if you negligently or willfully default in any of the obligations outlined in these Terms and Conditions, you shall be liable for all losses and damages that this may cause to Newnesscare Inc., our partners, or licensors.
G. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site.
Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier.
You link to or from any off-website pages or other websites at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site.
We do not assume responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions.
You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
H. Special Features, Functionality and Events
The Site may offer certain special features, functionality, or events, such as contests, sweepstakes, or other offerings.
These may:
- Be subject to terms of use, rules, and/or policies in addition to or instead of these Terms and Conditions; and
- Be offered by us or by third parties.
If so, we will notify you. If you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules, and/or policies.
I. Submissions
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy about unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas, or other information you provide to us, collectively referred to as “Submissions,” will be treated as non-proprietary and non-confidential.
Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed, and posted the Submission for our own purposes.
We reserve the right to:
- Copy;
- Use;
- Reproduce;
- Modify;
- Adapt;
- Translate;
- Publish;
- License;
- Distribute;
- Sell;
- Assign the Submission in any way we see fit.
This includes, but is not limited to, copying in whole or in part, creating derivative works from, distributing, and displaying any Submission in any form, media, or technology, whether now known or later developed, alone or as part of other works, or using the Submission within or in connection with our products or services.
You also acknowledge that your Submission will not be returned.
We may use your Submission, and any ideas, concepts, or know-how contained therein, without payment of money or any other form of consideration, for any purpose, including, without limitation:
- Developing products;
- Manufacturing products;
- Distributing products;
- Marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission.
You further represent and warrant that such Submission does not contain:
- Software viruses;
- Commercial solicitation;
- Chain letters;
- Mass mailings;
- Any form of spam.
You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission.
You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, or any damages arising from any Submission.
J. User Content
When you transmit, upload, post, email, or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials, collectively referred to as “User Content,” on the Site, you are entirely responsible for such User Content.
Such User Content constitutes a Submission under this section.
This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site.
You agree not to engage in, assist, or encourage others to engage in transmitting, uploading, posting, emailing, or otherwise making available User Content on the Site that:
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable;
- You do not have a right to make available under any law or under contractual or fiduciary relationships;
- Is known by you to be false, inaccurate, or misleading;
- You were compensated for or granted any consideration by any third party;
- Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
In addition, you agree not to transmit, upload, post, email, or otherwise make available:
- Software viruses;
- Unsolicited or unauthorized advertising;
- Solicitation or promotional material;
- Chain letters;
- Mass mailings;
- Any form of spam.
You further agree not to:
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- Stalk or otherwise harass another person, including advocating harassment of another;
- Entrap or harm any third party, including harming minors in any way;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any User Content;
- Intentionally or unintentionally violate any applicable local, state, national, or international law;
- Collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site. Therefore, we do not guarantee the accuracy, integrity, or quality of User Content.
You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you.
Under no circumstances will we be liable in any way for any User Content, including, without limitation:
- Errors or omissions in any User Content;
- Loss or damage of any kind incurred as a result of the use of any User Content transmitted, uploaded, posted, emailed, or otherwise made available through the Site.
You acknowledge that we have the right, but not the obligation, in our sole discretion to refuse to post or remove any User Content.
We reserve the right to change, condense, or delete any User Content.
Without limiting any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable.
We also reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
K. Copyright Complaints
We respect the intellectual property of others.
If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please contact us to notify us of the claimed infringement.
L. Representations and Warranties; Limitation of Liability
The Site is presented “as is.”
We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms and Conditions or the Site, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable, whether in contract, tort including negligence, or otherwise, under any circumstances, for any:
- Interruption of business;
- Access delays or access interruptions to the Site;
- Data non-delivery, misdelivery, corruption, destruction, or other modification;
- Loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Site;
- Computer viruses, system failures, or malfunctions that may occur in connection with your use of the Site, including during hyperlinking to or from third-party websites;
- Inaccuracies or omissions in content;
- Events beyond our reasonable control.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind, including lost profits, related to the Site or your use thereof, regardless of the form of action, whether in contract, tort including negligence, or otherwise.
Note: The original text appears to contain an incomplete sentence at the end of this section: “You agree that no claims or actions arising out of, or related to, the use of the site or these terms and conditions…”
M. Indemnification
You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions.
You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from:
- Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools;
- Any other action you take that imposes an unreasonable burden or load on our infrastructure.
N. Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Ontario, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Ontario.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Ontario, and you submit to the jurisdiction and proceedings thereof.
This does not apply where you have violated or threatened to violate our intellectual property rights, or the intellectual property rights of our affiliates, partners, or licensors, or otherwise have a cause of action in equity. In such cases, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes.
Arbitration under this agreement shall be conducted under the Canadian Arbitration Association, or CAA, which administers arbitrations for consumer disputes under its Revised Arbitration Rules effective July 14, 2025, or its specialized Expedited Arbitration Rules revised April 2026.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
O. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures, and other communications, collectively referred to as “Notices,” to which these Terms and Conditions refer from us electronically, including, without limitation, by email or by posting notices on this Site.
You agree that all Notices we provide to you electronically satisfy any legal requirement that such communications be in writing.
To withdraw your consent to receive Notices electronically, you must notify us by emailing:
Email: info@newnesscare.com
You must also discontinue your use of this Site.
In such an event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate.
Unfortunately, we cannot provide the benefits of this Site to any user who cannot consent to the receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make regarding receipt of marketing communications.
Your options regarding receipt of marketing communications are outlined in our Privacy Policy.
P. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site.
These Terms and Conditions supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change.
Any changes are effective immediately upon posting to the Site and release of notice of such change.
Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.
You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
Our failure to require your performance of any provision shall not affect our full right to require such performance at any time thereafter.
Our waiver of a breach of any provision shall not be taken or held to be a waiver of the provision itself.
If any provision of these Terms and Conditions is unenforceable or invalid under any applicable law, arbitral award, or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole.
Instead, these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
Q. FDA & Health Canada Disclaimer
These statements have not been evaluated by the Food and Drug Administration or Health Canada.
This product is not intended to diagnose, treat, cure, or prevent any disease.
You should consult a licensed health care professional before starting any supplement, dietary, or exercise program, especially if you are pregnant or have any pre-existing injuries or medical conditions.
Newnesscare Inc. has prepared the content of this website for informational purposes only.
Any prior results or testimonials described on this website do not guarantee a similar outcome.
Contact Information
If you have any questions regarding these Terms and Conditions, please email us at:
Email: info@newnesscare.com