KIVO WHOLESALE RED LIGHT THERAPY DEVICES
 

Kivo Wholesale Terms & Conditions

Definitions under this agreement:

KIVO - Means any company under the Kivo Therapy Inc group of companies.
PRODUCTS - Means any product sold by Kivo, whether branded or otherwise as part of the wholesale purchase.
PURCHASER or BUYER - Means you as the agreeing party.
PRICING BAND - Means specific individual product pricing with a group of items placed in the same order. Usually meaning the more products you order in the same order, the more of a discount will be provided.
WHOLESALE PROGRAMME - This agreement, website, and all information supplied under the premise of a wholesale service.

Membership to the Kivo Wholesale Programme constitutes full and continued acceptance of these terms and conditions in their entirety or part. No part of this agreement can be assigned to any third party. Should the original Purchasers business be sold or passed onto another party or entity, this agreement shall remain in force with any of the successors or heirs. These terms and conditions shall remain in force for a period no shorter than ten years from the date of acceptance. This agreement limits liability, and is in addition to any statutory and legal rights you have.


1. Eligibility

The Wholesaler Program is open exclusively to registered businesses or professional individuals with active business licenses or professional licenses. Proof of eligibility is required at the time of registration.

2. Minimum order quantities

Minimum order quantities depend on the specific product being ordered. Details regarding the minimum requirements will be provided during order placement.

3. Payment terms

Payment for all wholesale orders must be made upfront. Orders will not be processed until payment is received in full.

4. Tiered pricing

Wholesale pricing is tiered and varies depending on the quantity ordered. Larger orders may qualify for greater discounts.

5. Your pricing of products

You cannot sell any Kivo product provided under this agreement under the Kivo Minimum Advertised Price - or any price lower than any current and active product pricing on our retail store (included any and such applicable product discounts). It is your responsibility to maintain strict adherence to pricing and to monitor any price increase. We will update you, via email, if pricing increases (excluding discounted prices).

5. Wholesale pricing

All Wholesale prices are exclusive of all sales, use, and any other similar taxes, duties, and charges of any kind imposed by any authority on any amounts payable by purchaser, and any shipping and handling charges. The purchaser shall be responsible for all such charges, costs, and taxes. Any pricing will detailed within the order, we will estimate any and all taxes and excise duties, but should any amount of any shipping or excise charges be over any estimated amount, the Purchaser shall be liable for the difference.

6. Returns and refunds

Returns are accepted if items are new, unopened, or in a condition specified and noted with the order. Refunds will be issued provided returned items meet the minimum accepted number of items ordered per product SKU. Refund requests must be submitted within 14 days of delivery.

Should the Purchaser return items and that subsequently means that the amount of items purchased meets a different wholesale pricing band. Then the amounts due for the products shall be in accordance with the applicable pricing brand (i.e. if you order 15 products, you will receive a discounted price for 10-20 items. If you then return 6 items. Your pricing will then be calculated at the 5-9 product pricing band. This pricing band varies according to individual products, as different discounts will be applicable as such.

You are not obligated to return any items should you wish to cancel the return.

7. Shipping costs

The purchaser is responsible for all shipping costs. Shipping terms and estimated delivery times will be provided upon order confirmation.

8. Confidentiality

All information provided under this agreement is deemed confidential unless explicitly marked as PUBLIC. This includes, but is not limited to, pricing, product specifications, supplier details.

9. Agreements

The Purchaser agrees not to resell or list any Kivo new or used product on any online auction or classified or listings platform, including but not limited to Facebook Marketplace, Craigslist, TikTok shops, eBay, etc.

The Purchaser cannot release any wholesale pricing to any third party not directly employed by the Purchaser, or necessary to the business (i.e. Accountant), or as required to under legal process.

The Purchaser shall not modify any Kivo product (including but not limited to stickers or cobranded documents) without the prior, written approval, from Kivo.

The Purchaser shall not engage in any trade, clinical, or medical practice that could harm the reputation of Kivo or the Products.

10. Termination

The agreement may be terminated:

  • In the event of a breach of terms.
  • By either party, provided written notice is given.

If any part of this agreement is broken, or deemed unenforceable, then all and any other section is still binding.

11. Other agreements

You agree to hold harmless and to protect Kivo against any and all legal claims or in tort provided by any third party that you have provided Kivo products to.

You agree that any claim by any third party via you as a Purchaser is and will be covered by your insurance and will be your sole responsibility.

You agree that the maximum amount that you can claim damages or punitive damages will be limited to the amount of each of the products order directly related to the claim.

12. Governing Law

This agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada.



Kivo Wholesaler Non-Disclosure Agreement (NDA)

1. Parties

This NDA is between KIVO ("Disclosing Party") and the Purchaser ("Receiving Party").

2. Confidential Information

Confidential information includes all materials, pricing, communications, or data shared under the wholesaler agreement unless explicitly marked as PUBLIC.

3. Obligations

The Receiving Party agrees to:

  • Keep all Confidential Information secure and not disclose it to any third parties, including listing any pricing or wholesale document on any internet accessible server or device that could be viewed by an external third party.
  • Use Confidential Information only for the purposes outlined in this wholesaler agreement.

4. Exclusions

Confidential Information does not include information that:

  • Is already public at the time of disclosure.
  • Becomes public through no fault of the Receiving Party.
  • Is required to be disclosed by law or court order.

5. Term

This NDA remains in effect for the duration of the wholesaler relationship and for ten years following its termination.

6. Remedies

Breach of this NDA may result in termination of the wholesaler agreement and/or legal action. The purchaser agrees to pay any and all such costs in the event of legal action.

7. Governing Law

This agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada.