Terms & Conditions
YOU SHOULD USE THE BEST YOU WEBSITE AFTER GOING THROUGH THE FOLLOWING TERMS AND CONDITIONS OF SERVICE
Last revised September 1, 2022
Welcome to The Best You. These are the terms and conditions on which we agree to supply services to you. If you have any questions please don’t hesitate to speak to a member of our team.
1. Our terms
1.1 What these terms cover. These terms and conditions, including the various policies set out in this document, are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you book any appointment.
1.3 We reserve the right to change these terms and conditions at any time and from time to time without notice. The current version of these terms will be posted on our website.
2. Information about us and how to contact us
2.1 Who we are. We are The Best You. Our company registered office is at 1545 Carling Ave. Suite 202 Ottawa, On K1Z 8P9 and we have clinics at the various addresses set out on our website.
2.2 How to contact us. You can contact us by telephoning our Toll Free number 1-866-333-3055 or by writing to us at info@thebestyou.com or the postal address which is our registered office address listed above.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us on booking or by text message to a mobile phone number provided to us on booking.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails and text messages.
3. Our contract with you
3.1 When the contract commences. A contract will come into existence between you and us when, upon your request for a specific treatment offered by us, an initial consultation appointment detailing date and time (“the Initial Consultation”) is provided to you by us. Your request and our provision of the Initial Consultation may be provided verbally (in person or by telephone) or in writing.
3.2 DEPOSIT required. For certain services, you will be required to provide a deposit with your request for a specific treatment in order to secure the Initial Consultation and booking any further appointment. The deposit amount will depend on the cost of the treatment. The exact amount of deposit payable, if any, will be confirmed at the time of booking.
3.3 Additional deposit requirements. In the situation where you fail to attend the Initial Consultation, a further consultation date may be requested by you. However, it is at our sole discretion whether or not a further consultation appointment is provided and, unless 48 hours’ notice is given in accordance with clause 7.2(a), you will be required to pay a further deposit to secure that appointment. The level of the further deposit will be at our sole discretion.
4. Providing the services
4.1 When we will provide the services. We will supply the services to you at the Initial Consultation and during any follow up consultations included in your treatment, or over a course of a set number or series of treatment appointments (a “Course(s)”) commencing with the Initial Consultation, until we have completed the services. All treatments and Courses are as detailed in our information leaflets and on our website.
4.2 Continuity of services and training. We are unable to guarantee ongoing treatment with the same personnel, but continuity of care is accommodated wherever possible. All our doctors, consultants, nurses, technicians, practitioners and other service providers are trained and approved in accordance with our treatment protocols.
4.3 What will happen if you do not provide required information to us. It is your responsibility to ensure that we are provided with all relevant health related information prior to each treatment. Additionally, we may need other information from you so that we can provide the services to you, this will depend on the treatment to be undertaken. We will contact you to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.2(c)) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.4 Unfit for/unsuitable for/unlikely success of treatment. If we deem that:
(a) you are medically unfit, see clause 8.1; and/or
(b) you are unsuitable for your chosen treatment; and/or
(c) your chosen treatment is unlikely to be successful, we will inform you of the facts and reasons why we have reached this conclusion. If the Initial Consultation resulted in these findings, you will only be responsible for the cost of that Initial Consultation.
4.5 No Guarantee. We will provide the services with reasonable care and skill but no clinical procedure is entirely risk free and the results of any particular treatment cannot be guaranteed. Information on common complications can be found on our website. You may ask questions about the procedure at your Initial Consultation or at subsequent consultations.
5. Attendance at clinic, pre-treatment preparation and cancellations
5.1 You are required to arrive at our clinic at least 10 minutes before your appointment time. Late arrival may result in a reduction to your treatment time. If you are running late, please telephone us and we will attempt to accommodate your late arrival, although we give no such guarantees and priority will be given to punctual clients with scheduled appointments.
5.2 We will inform you of any specific preparations you will need to carry out before your treatment. Failure to make such preparations may result in your treatment being delayed, time-reduced or incurring additional costs. Where continued non-compliance occurs, we reserve our right to end this contract and hence treatment, without prior notice.
5.3 We require 48 business hours’ notice of cancellation (Monday-Friday) to avoid missed appointment fees. If your appointment falls on a Monday, please contact the clinic before 5pm on Friday. If you fail to provide adequate notice, the following cancellation fees below will be charged to the credit card given at the time of booking:
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Medical Aesthetician treatment or consultation – Missed appointment fee of $75 +tax
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Medical Injector treatment or consultation – Missed appointment fee of $150 +tax
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Physician Treatment or Consultation including Surgical Consultation – Missed appointment fee of $200 +tax
6. Rights to suspend or make changes
6.1 Your rights to make changes. If you wish to make a change to the services or the date or time of the Initial Consultation or any subsequent consultations please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, their timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.2 Our rights to suspend or make changes.
(a) Temporary suspension and minor changes to the services. We may have to suspend or change the services:
(i) due to circumstances beyond our control; and/or
(ii) to reflect changes in relevant laws and regulatory requirements; and/or
(iii) to implement minor technical adjustments and improvements.
We will make every attempt to contact you to inform you of the cancellation and to re-arrange your appointment. We do not offer compensation in these circumstances.
(b) Long term/permanent suspension or significant changes to the services. In addition, we may have to suspend long term or permanently, or make more significant changes to the services, for example to change the prices for our services.
(c) We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 10.4), we may suspend supply of the services until you do pay us.
7. Your rights to end the contract
7.1 You can always end the contract before the services have been supplied and paid for. You may contact us at any time to end the contract for the services, but in some circumstances we may charge you certain sums for doing so, as described below.
7.2 What happens if you have good reason for ending the contract. If you are ending the contract for a relevant reason, set out at 7.2 (a) to (f), the contract will end immediately and, except for non-refundable services (i.e. memberships, packages, etc..), we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
(a) you inform us in writing or by telephone at least 48 hours before the Initial Consultation that you wish to change the date and/or time of the Initial Consultation or any follow up appointment date(s); or
(b) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2(b)); or
(c) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed; or
(d) there is a risk the services may be significantly delayed because of events outside our control; or
(e) we suspend the services for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(f) you have a legal right to end the contract because of something we have done wrong.
7.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.2, the contract will end immediately but we will retain the deposit paid under clause 3.2, as reasonable compensation for the net costs we will incur as a result of you ending the contract. In addition, if less than 48 hours’ notice is given under clause 7.2(a) or any subsequent appointments are not attended, we will charge you a cancellation fee as per our cancellation policy and any further bookings and/or continued treatment will be at our sole discretion and may require the payment of a further deposit, the level of which is at our sole discretion
8. Our rights to end the contract
8.1 Medically unfit. We may end the contract at any time, if we deem you medically unfit to undergo the treatment requested.
8.2 We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you repeatedly miss appointments; or
(c) you do not, within a reasonable time of us asking for it, provide us with information under clause 4.3 which is necessary for us to provide the services.
8.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.2 you will not be entitled to a refund.
9. If there is a problem with the services
9.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us.
10. Price and payment
10.1 Where to find the price for the services. The price of the services will be communicated by us either over the phone, during your Initial Consultation or in some other way. We take all reasonable care to ensure that the prices of services advised to you are correct.
10.2 We accept payment with most major credit/debit cards, cash and Bankers Drafts. We are, however, unable to accept personal cheques.
10.3 We can charge interest if you pay late. If you do not make any payment, we reserve all our rights to take action against you, including the right to pass the matter to a debt collection agency, and we will charge interest to you on the overdue amount at the rate of 2% per month. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11. Our responsibility for loss or damage suffered by you
11.1 We are not liable for any economic loss or for any other special, indirect or consequential loss or damage arising out of, or in connection with, its provision of the services to you including damage occurring as a result of your failure to provide us with any information required under clause 4.3.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
11.3 We are not liable for business losses. We only supply the services privately. We will have no liability to you for any loss of business profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
12.1 How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services;
(b) process your payment for such services; and
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
12.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
For more information on our use and handling of your personal information, please see our Privacy Policy.
13. Other important terms
13.1 Smoking. Our premises, including our car park, are smoke-free zones compliance is required by all visitors.
13.2 All visitors to our clinic under the age of 18 must be accompanied by a responsible adult for their Initial Consultation. Persons age 16 and under must be accompanied by a responsible adult at all times.
13.3 Time Limits. Where your chosen treatment(s) is in several parts or is a Course, all parts of that treatment or Course must be taken within 18 months of the Initial Consultation. Any parts of your chosen treatment not taken within 18 months will be forfeited along with any pre-payments made.
13.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the Province of Ontario and the Federal laws of Canada applicable in Ontario and you can bring legal proceedings in respect of the services in the courts of the Province of Ontario.
13.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. We can provide details on request.
All Sales Final Policy
All sales are final. We do not refund or offer exchanges or transfers on opened product, service, gift certificate, package, or membership purchases.
Gift Certificates Policy
The Best You Gift Certificates are non-refundable and are valid for 24 months from the date of purchase. For your protection, identification is required in order to redeem a valid gift certificate.
Packages Policy
All The Best You Packages are non-refundable, non-shareable, and non-transferrable. Packages are valid for 18 months from the date of purchase. Services sold by way of a package (i.e. Limitless Laser Hair Package) are fully earned by The Best You following the first 6 months of eligibility to receive the services, regardless of whether services subject to the package are actually received. Services sold by way of a package have no individual cash value outside of the package itself.
Certain services sold by way of a package may require you to regularly use such services or you will cease to be eligible for such services.
Membership Policy
The Best You Membership program is a 12-month commitment that begins on the day of purchase and is subject to this Membership Policy.
Pre-authorized Payments, Non-refundable. Pre-authorization for monthly payments is required and such payments will be automatically charged to you. Monthly membership payments are fully earned on payment and are non-refundable under any circumstances whatsoever.
No Transfer or Sharing of Benefits. Memberships are non-transferable and may not be shared. Member benefits may not be banked or otherwise deferred i.e. benefits do not accrue beyond the end of the applicable 30-day period. If a member does not use his/her/their monthly treatment, he/she/they forfeit the treatment for that 30-day period.
Freezing a Membership. Generally, memberships must be uninterrupted and may not be “frozen” i.e. paused or otherwise put on hold. However, in very limited circumstances (i.e. illness, pregnancy or international travel), we will allow you to freeze your membership. You must be a member for at least 30 days and have made at least one month’s membership payment in order to be eligible to freeze your account. Memberships may be frozen once during your annual contract period, for a minimum of 30 days and a maximum of 180 days. When a membership is frozen, if no end date is given, the membership will be frozen for the full 180 day period. At the end of the freeze period, payments will automatically recommence.
When your membership is frozen, you will be charged $50/per month for each month the membership is frozen. When your membership is frozen you shall not be able to use your membership services or benefits.
To initiate a freeze, submit a written request to The Best You.
Auto-Renewal of Membership. Your membership will automatically renew at the end of the then current annual term.
Termination of Membership. Memberships are for a minimum term of 12 months. You may cancel your membership effective on 30-day written notice before your next scheduled payment. You will be charged a cancellation fee equal to 50% of the balance of the term of your membership.