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Terms of Use
Please read and familiarize yourself with the following conditions, terms and clauses (“Terms of Use”) which collectively with any information provided on specific Website (“Site”) pages constitute the entire agreement between you and Vita Aeterna Cosmetics Inc. in relation to your use of this website, services and products and supersedes all previous such agreements.
Vita Aeterna Cosmetics Inc. (“Vita Aeterna”, “us”, “we”, “our”) provides this Website (www.vitaaeternacosmetics.com) free of charge to the user (“you”, “your”, “yours”) for personal use only. Your use of the Website, including but not limited to navigation, use of products or services, is deemed as a full acceptance of these Terms of Use whether or not you have actually read them. Additionally, you will be expected to comply with any instructions or warnings posted on the Site, according to applicable laws and in good faith.
Vita Aeterna reserves the right to modify these Terms of Use, at its sole discretion, at any time, and such modifications will be effective immediately upon being posted on the Vita Aeterna Site. Your continuing use of this Site will indicate your full acceptance of these modified Terms of Use.
If you are not in full agreement with these Terms of Use, please do not access this Site.
Personal Use
The products available on the Website, samples or any other form of tangible or intangible service, are for personal use only. Sale or resale of any of the latter, without our prior express written consent, constitutes an infringement to these Terms of Use.
Intellectual Property
All content, including but not limited to information, text, logos, graphics, trademarks or buttons, is the property of Vita Aeterna and may not be used in any manner without our prior express written consent. You are granted a limited license to access and make personal (non-commercial) use of the Website. We reserve the right, at our sole discretion and without any prior notice, to terminate this license if we believe your use of the Website is beyond personal scopes.
Accuracy of Information
The description of the products available on the website is as accurate as possible; however despite our best efforts, some errors can always occur. In case of doubt, consult the information present on the product packaging or received as part of any order as it takes precedence over any information present in the Website. Alternatively, you may contact us at [email protected] with any concern that may arise. If a product described on the website is not as described when you receive it, your sole remedy is to return it to us in accordance with our Returns Policy.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, WE DO NOT PROVIDE ANY WARRANTY THAT ALL CONTENT, INCLUDING BUT NOT LIMITED TO PRODUCT DESCRIPTIONS, COLORS OR INFORMATION, ARE COMPLETE, ACCURATE, CURRENT OR ERROR-FREE.
FURTHERMORE, NOTHING IN THIS WEBSITE IS MEANT TO CONSTITUTE ADVICE OF ANY KIND OR REPLACE QUALIFIED MEDICAL ADVICE REGARDING ANY INDIVIDUAL PROBLEM. PLEASE ALWAYS SEEK HELP FROM A QUALIFIED PROFESSIONAL HEALTHCARE PROVIDER FOR ANY MEDICAL CONDITION AND BEFORE USING ANY NEW PRODUCT.
Disclaimer of Warranties Regarding the Use of the Website
THE WEBSITE IS PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS WHATSOEVER OR ANY WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE USE OF THE WEBSITE OR THE TERMS OF USE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR ADEQUACY FOR A PARTICULAR PURPOSE.
FURTHERMORE, YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, VITA AETERNA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE) UNDER ANY CIRCUMSTANCE WHATSOEVER FOR ANY
A) ACCESS DELAYS TO THE SITE, ACCESS INTERRUPTIONS OR INTERRUPTIONS OF BUSINESS;
B) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER COMPONENTS;
C) ANY LOSS OR CORRUPTION OF INFORMATION OR DATA;
THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
All representations, warranties regarding the Site are hereby disclaimed to the maximum extent permitted by applicable laws and shall remain in effect even after the termination of your right to use this Site.
Limitation of Liability
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, VITA AETERNA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE) FOR
1) ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER, RESULTING FROM YOUR INTENTIONAL OR UNINTENTIONAL MISUSE OF THE WEBSITE, SERVICES, CONTENT, INFORMATION OR PRODUCTS PURCHASED. (MISUSE)
2) A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES;
B) ANY BUSINESS LOSSES, LOSS OF REVENUE, PROFITS,INCOME OR ANTICIPATED SAVINGS, LOSS OF BUSINESS RELATIONSHIPS, LOSS OF CONTRACTS, LOSS OF REPUTATION OR LOSS OF GOODWILL;
THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE, THE CONTENT, THE INFORMATION, THE SERVICES OR ANY PRODUCTS PURCHASED FROM THE WEBSITE. (REMOTE AND SPECULATIVE DAMAGES).
This provision shall survive the termination of your right to use this Site
Indemnification
You understand, agree and acknowledge to indemnify and hold harmless Vita Aeterna, its affiliates, directors, officers, agents or other representatives from and against any and all losses, damages, expenses, fines, penalties, claims, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website or your breach of these Terms of Use.
Termination
You understand, agree and acknowledge that Vita Aeterna may, in its sole discretion, and at any time, terminate your use of the Website, without prior notice to you, for any breach, or on suspicion of breach, of these Terms of Use.
Applicable Laws
The Terms of Use and the resolution of any dispute shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. In addition, the title of purchased items and any risk of loss are transferred to you in the Province of Quebec, Canada (point of sale) and such transfers are subject to aforementioned laws.
Severability of the Terms of Use
If any term, clause, sub-clause or other provision of the Terms of Use is determined to be invalid, illegal or incapable of being enforced by applicable laws, all other conditions, provisions, clauses and sub-clauses of the Terms of Use shall remain in full force and effect.
Furthermore, if any unlawful and/or unenforceable provision would become lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
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