Terms & Conditions
Professional Disclosure:
Introduction
Wet Labz Inc, operating as Wet Labz Inc and their respective affiliates (collectively, “Brawnymen,” “we ”, “us”, or “our”) own and operate the websites located at www.brawnymen.com, (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Sites”) as well as the Trademarks, Brawny Men ™, Bmen ™, brawnymen.ca ™ (collectively, the “Trademarks” and attached hereto as Appendix A). The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on health care and wellness (“Content”); (ii) providing individuals with pharmaceutical services; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmaceutical services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmaceutical services; and (v) telecommunications support for using the Services as a means of direct access to health care providers provided by Rocky and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Brawny Men Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of Rocky, you understand and agree that these Terms of Use are entered into between you and Rocky. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and Rocky reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
Availability
Eligibility
- You are age 18 or over.
- You are located in a Province Where We Operate (depending on the type of Services).
- You agree to be legally bound by and comply with these Terms of Use.
Requirements for use
Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all ages.
In some cases, the Service may not be the most appropriate way for you to provide information to communicate with or seek medical and/or mental health care and treatment from a healthcare provider or mental health professional. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted with additional information regarding next steps.
Special consent to telehealth services
Telemedicine and Telehealth involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
- Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
- Interactions between a patient and health care provider via audio, video, and/or data communications; and
- Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Please see our Telehealth Consent Form for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
Cancellation Policy
Privacy policy
BrawnyMen understands the importance of confidentiality and privacy regarding your health information. Please see: (1) our Privacy Policy provides a description of how we may collect and use your personal information, and (2) the BrawnyMen Professionals Notice of Privacy Practices applicable to BrawnyMen and similar affiliated professional entities and Bmen. The Privacy Policy and BrawnyMen Professionals Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.
Your relationship with BrawnyMen
Consultative service
Site content
Registration and user accounts
Although certain parts of the Sites are accessible by any individual, you are obligated to register with Rocky in order to access the Services. The Services are available only to users who have registered with Rocky and to other persons affiliated with Rocky who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to BrawnyMen. If you do not maintain such information, or BrawnyMen has reasonable grounds to suspect as much, BrawnyMen has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Rocky of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Rocky contact@brawnymen.ca . Rocky may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. BrawnyMen explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) BrawnyMen will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
‘Jailbreaking’ the mobile operating system
Access rights and prohibited use
Ownership of information submitted via the sites
Ownership of site content
Trademarks
Links to third-party hyperlinks and websites
The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites. Despite any referrals/leads from social media influencers and social media platforms to the Site, BrawnyMen Terms and Conditions of Website will apply.
You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of BrawnyMen. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.
Termination
Disclaimer of warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ROCKY AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER BRAWNYMEN NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, ROCKY DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
Limitation of liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL ROCKY, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF ROCKY OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnification
Modifications to the sites
Payment
Governing law; dispute resolution; arbitration; venue; severability of provisions
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND RO TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BRAWNYMEN
These Terms of Use and your use of the Sites shall be governed by the laws of the Province of Manitoba, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Winnipeg, Manitoba under the rules of the International Arbitration Association, except that either party may bring a claim related to intellectual property rights , or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in Toronto, Ontario shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
All parts of these Terms of Use apply to the maximum extent permitted by law. Ro and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
No waiver
No agency relationship
Remedies
Assignment
Wet Labz Inc. & BrawnyMen. Refund Policy:
Refunds per our money-back guarantee policy can only be requested during the following days (refund period*) for these products:
- Sildenafil/Viagra purchased through myrocky.ca between 30 and 60 days.
- Tadalafil/Cialis purchased through myrocky.ca between 30 and 60 days.
Please note: Refund requests will not be accepted if made outside of the refund period* stated above. If/when a request has been approved, the payment method used to make the original purchase will be refunded. We accept prescription products back for destruction purposes only. Limit one refund per customer per eligible product. Returning customers who sign up through brawnymen.com are not eligible for a refund. Additional items from your order may not be eligible for a refund.
Wet Labz Inc and BrawnyMen.com reserve the right to forfeit the guarantee if abuse of our money-back guarantee is suspected.
To request a refund, please contact Brawny Men directly at contact@brawnymen.com and include the following information:
- Product purchased
- Date of purchase
- Reason for refund
- Name and address
- Proof of purchase
- Clear images of your scalp with your hairline AND crown dated before first purchase (dated no earlier than 28 days from date of first purchase) and a minimum of 90 days after starting treatment.
- Images sent must be provided with evidence of time stamp from your phone
- Clear images of the products used with labels intact (This offer does not apply if the products have been altered in any way or made illegible).
- Returns must be initiated by the purchasing customer who used the product.