GENERAL TERMS AND CONDITIONS OF SALE
1. PREAMBLE
These Terms and Conditions (T&C) govern the relationship between Lodixa Inc., whose registered office is located at PO Box 304, Turner Valley, AB, T0L 2A0, and any individual or legal entity (hereinafter "the Client") making a purchase of products or services through the website or any other accepted communication method. If any provision of these T&C is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. PURPOSE
These T&C define the rights and obligations of the parties regarding the sale of physical products, digital products, and services offered by Lodixa.
3. ACCEPTANCE OF TERMS
Any order placed with Lodixa constitutes unconditional acceptance of these T&C. These terms prevail over any other document unless otherwise agreed in writing. Lodixa reserves the right to modify these T&C at any time. Modifications apply upon publication on Lodixa’s website and do not apply retroactively to previously confirmed orders. In the event of a discrepancy between the French version and any translated version of these T&C, the French version shall prevail.
4. PRODUCTS AND SERVICES
Products and services are described as accurately as possible. Lodixa reserves the right to modify its offer at any time.
If full access to a digital product or service becomes impossible due to an issue attributable to Lodixa, a refund or credit may be granted in accordance with applicable legal obligations.
4.1 Hourly‑Based Services
For services billed at an hourly rate, any interruption or cancellation by the Client results in billing for:
- the hours actually worked, and
- any expenses incurred up to the cancellation date. No refund is provided for hours already completed.
4.2 Fixed‑Price Services (Specific Projects)
For services sold at a fixed price, not based on hourly billing:
- if the Client terminates the contract before completion, Lodixa may bill for the completed project stages, as defined in the quote, or for the value of the work completed;
- if no stage distribution is defined, Lodixa will bill a reasonable proportional amount for the work performed. No refund is provided for deliverables already supplied or approved.
4.3 Subscription Services
Services provided as monthly or annual subscriptions automatically renew unless cancelled by the Client before the renewal date.
- Subscription payment grants access for the paid period.
- Amounts already paid are non‑refundable, unless required by law.
- The Client may cancel at any time; access remains active until the end of the paid period.
- Lodixa may adjust subscription prices with reasonable prior notice to the Client.
By subscribing, the Client acknowledges that the subscription renews automatically until cancelled.
5. PRICES
Prices are listed in Canadian Dollars (CAD), excluding taxes and delivery fees where applicable. Prices may change at any time; however, products and services are billed according to the price in effect at the time the order is placed.
In case of an obvious pricing error (typographical or technical), Lodixa reserves the right to cancel the order. If payment has already been made, the Client will receive a full refund.
6. ORDERING
Orders may be placed via the website, email, or any method accepted by Lodixa. An order becomes firm and final once confirmed in writing by Lodixa.
6.1 Client Responsibility
The Client agrees to provide accurate and complete information when placing an order. Lodixa cannot be held responsible for delays, failed deliveries, or errors resulting from incorrect information provided by the Client.
7. PAYMENT
Payment may be made by credit card, bank transfer, Interac e‑transfer, cheque, or any other method accepted by Lodixa. However, monthly subscription services are billed exclusively and automatically by credit card, and require the Client to maintain a valid card on file.
If the card expires, becomes invalid, or if payment is declined, the Client must provide a valid credit card within 5 business days. Otherwise, Lodixa may temporarily suspend service until payment information is updated. If payment information is not updated within an additional 10‑day period following suspension, Lodixa may permanently terminate the subscription.
In case of partial or total non‑payment, Lodixa may cancel the order or suspend access to the service.
The Client agrees not to initiate fraudulent chargebacks. Any dispute must first be addressed directly to Lodixa.
7.1 Retention of Ownership
Products remain the property of Lodixa until full payment has been received.
8. DELIVERY
Physical products are delivered to the address provided by the Client. Delivery times are estimates only and do not constitute a contractual commitment. Digital products become accessible immediately after payment unless stated otherwise.
9. RIGHT OF WITHDRAWAL AND RETURN POLICY
9.1 Physical Products
Under Alberta law, no automatic right of withdrawal or refund applies unless:
- the product is defective,
- the product does not match its description,
- or a legal non‑conformity applies.
In such cases, Lodixa will repair, replace, or refund the product as required by law.
9.2 Digital Products
Digital products already downloaded, viewed, or accessed are final and non‑refundable, unless a technical defect prevents access. In case of a temporary access interruption due to a technical issue, Lodixa will restore access within a reasonable timeframe.
9.3 Services
Services already started or completed at the Client’s request are non‑refundable, unless required by law. Where the law provides a mandatory cancellation right for specific contracts, Lodixa will comply with legal obligations.
9.4 Clients in Other Canadian Provinces
Where the Client resides in another province and local consumer protection laws apply extraterritorially, Lodixa will comply with mandatory minimum obligations imposed by that province.
10. WARRANTIES AND LIABILITY
Products benefit from legal warranties applicable in Canada, including the warranty against latent defects.
Lodixa cannot be held liable for damages resulting from:
- improper installation,
- misuse of the product,
- failure by the Client to follow provided instructions.
Lodixa’s liability is limited to the amount paid by the Client for the concerned product or service. Lodixa shall not be liable for indirect damages, loss of profits, loss of data, or consequential damages.
11. INTELLECTUAL PROPERTY
All elements on the website (texts, images, logos, tools, digital content) are the exclusive property of Lodixa. Any reproduction, distribution, or unauthorized use is strictly prohibited.
Purchasing a digital product grants the Client a non‑exclusive, non‑transferable, limited license for internal use. Digital products are intended solely for the Client — whether an individual or a business — and may not be transferred. The Client may not resell, redistribute, share, publish, or sublicense these contents, whether free of charge or for payment.
12. PERSONAL DATA
Data collected is processed in accordance with Canadian privacy legislation. The Client may request access, correction, or deletion of their data by contacting Lodixa. Lodixa retains data only as long as necessary to provide services, unless otherwise required by law.
13. FORCE MAJEURE
Lodixa cannot be held responsible for failure to perform its obligations due to an event of force majeure as defined under Canadian law.
14. DISPUTES AND GOVERNING LAW
These T&C are governed by the laws of the Province of Alberta and applicable federal Canadian laws. Any dispute shall be submitted to the courts in the jurisdiction of Lodixa’s registered office, unless otherwise required by law.
For Clients residing in Quebec, Lodixa complies with mandatory public‑order provisions of the Quebec Consumer Protection Act (LPC) when such provisions apply to a merchant located outside Quebec. In all other cases, the parties agree that Alberta law governs the transaction, and the LPC does not apply unless its extraterritorial application is legally required.
15. CONTACT
For any questions, support, or complaints:
info@lodixa.com
Registered office: PO Box 304, Turner Valley, AB, T0L 2A0