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Terms & Conditions

Pen-WEB

 

 

 

These web site terms and conditions of use (the “Terms of Use”) is a legal agreement between the visitor (“you”) to this web site located at www.SwissClinic.ca (the “Web Site”) and Swiss Clinic Beauty Ltd. (“Swiss Clinic”) concerning your access to and use of this Web Site.

In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and Swiss Clinic agree as follows:

Purpose

This Web Site contains information and resources related to Swiss Clinic products, (the “Site Content”), and is provided by Swiss Clinic solely and exclusively for the purpose of, enhancing your use of Swiss Clinic products.

Right to Use

Swiss Clinic hereby grants you a personal, non-transferable and non-exclusive right to access, read and download, and to use the Site Content which shall only be used by you solely and exclusively for your personal and private use. You agree that you acquire absolutely no rights or licenses to the Web Site or any Site Content other than the limited right to access and use the Web Site and Site Content in accordance with these Terms of Use. Swiss Clinic reserves the right to take such steps as it deems necessary, including legal action, to restrain an unauthorized use of the Web Site or Site Content. Swiss Clinic also reserves the right to change, modify, suspend, or discontinue the Web Site or any Site Content at any time without prior notice at its sole discretion and for any reason and without further obligation or liability to you. Changes may be periodically made to the Web Site and/or the Site Content and may be made at any time without notice to you. If you are dissatisfied with the Web Site, the Web Site Content your use thereof or with any of the terms, conditions, guidelines, practices or policies of Swiss Clinic in operating the Web Site you agree that your sole and exclusive remedy shall be to discontinue using the Web Site.

Links

The Web Site may include hypertext links to third party web sites solely for the purpose of helping you identify and locate other sources of information that may be of interest. Hypertext links do not imply an endorsement of (including that Swiss Clinic has reviewed such sites) or association with such third party web sites and Swiss Clinic is not responsible for such third party web sites or the information contained on such third party web sites. Use of third party web sites is entirely at your sole discretion and risk and you may not create links from other web sites to this Web Site. Any copying, republication or redistribution of any part of the Web Site, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Swiss Clinic.

Site Use Restrictions

You agree that when using the Web Site you will not: (i) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (ii) post material for advertising or commercial solicitation; (iii) post or transmit content which violates or infringes any third party rights or is injurious to a third party or defames, libels or disparages any third party; or (iv) post or transmit content which is indecent, obscene or pornographic.

Limitations

The Site Content is made available for informational purposes only. While Swiss Clinic has made reasonable efforts to ensure that all Site Content is accurate and up to date, Swiss Clinic does not guarantee that any Site Content is error free, complete, accurate, reliable or current. You acknowledge and agree that this Web Site, Swiss Clinic and/or the Web Site Content does not purport to provide medical, health or other professional advice and nothing on the Web Site, in the Web Site Content or in these Terms of Use shall be taken, implied or construed as an offer to provide, or a provision of, medical or health advice or as a recommendation for any specific course of action. Any information offered in relation to the nutritional content or health benefits of any Swiss Clinic products or in relation to other health issues is general in nature and is provided for informational purposes only. It is not a substitute for professional health or medical advice and it should not be relied upon.

YOU AGREE THAT THE WEB SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND IS FOR YOUR PERSONAL, PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER. SWISS CLINIC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDTIONS, REPRESENTATIONS AND WARRANTIES, OF ANY KIND OR NATURE AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY SITE CONTENT OR THE WEB SITE OR ANY THIRD PARTY INFORMATION. SWISS CLINIC IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE WEB SITE OR ANY SITE CONTENT IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS OR THAT THE WEB SITE / WEB SITE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

IN NO EVENT SHALL SWISS CLINIC OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEB SITE OR ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OF ANY SITE CONTENT FROM THE WEB SITE OR SUBMISSIONS TO THE WEB SITE OR ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR THE USE OF, OR RELIANCE ON, ANY SITE CONTENT OR OTHER INFORMATION CONTAINED ON THE WEB SITE, WHETHER OR NOT SWISS CLINIC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

Conformance with Law

In addition to complying with these Terms of Use, you agree to use the Web Site and Site Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Web Site shall not be used where, and to any extent, such use is prohibited by law. Your use of the Web Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Web Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Web Site due to any restriction whatsoever.

Trademarks

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Web Site or in the Site Content may constitute trademarks or trade names of Swiss Clinic, its affiliates, related companies, their licensors or other third parties. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right to use any such marks or names or other intellectual property rights of Swiss Clinic, its affiliates, related companies or their licensors or any other third party. Any unauthorized use or display of any such trademarks or trade names is strictly prohibited.

Location and Law

The Web Site is physically located at, and is administered by Swiss Clinic from its offices in, Province of Ontario, Canada. By accessing the Web Site, you and Swiss Clinic agree that all matters relating to access to, or use of the Web Site and all of the communications, transmissions and transactions associated with the Web Site shall be deemed to have occurred in the Province of Ontario and shall, together with these Terms of Use, be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof. You and Swiss Clinic also agree and hereby irrevocably submit and attorn to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

Indemnity

You agree to defend, indemnify, and hold harmless Swiss Clinic, its affiliates and their respective officers, directors, employees, professional advisors and agents, from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of the Web Site, your use of the Site Content or your breach of these Terms of Use.

Severability

If, in any jurisdiction, any of these Terms of Use are held to be unenforceable by a court of competent jurisdiction, such Terms of Use shall be restricted or eliminated to the minimum extent necessary and the remaining Terms of Use shall otherwise remain in full force and effect. A printed version of the Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Entire Agreement and Assignment

These Terms of Use constitute the entire agreement between you and Swiss Clinic relating to the access to and use of the Web Site and the Site Content. Anything on the Web Site inconsistent with these Terms of Use is superceded by these Terms of Use. These Terms of Use may be assigned by Swiss Clinic to any other person in Swiss Clinic’s discretion. You may not assign these Terms of Use.

Waiver

No supplement, modification or amendment to these Terms of Use proposed by you shall be binding on Swiss Clinic unless agreed to by Swiss Clinic in writing. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such Term of Use or any other term or condition. All waivers by Swiss Clinic must be in writing and signed by an authorized representative of Swiss Clinic.

Language

English shall be the language of the Web Site, and all contents, information and communication in connection with the Web Site, and the parties waive any right to use and rely upon any other language or translations. Il est la volonté express des parties que le présent Web Site et tous les affairs qui s’y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l’usage exclusif du français

Notices

All notices and communications by or to a party shall be in writing and shall be made via e-mail to [insert address] for notices to Swiss Clinic, or to the e-mail address that you provided to Swiss Clinic as part of the registration process for notices to you. Either party may revise its contact information by sending the other the corrected email address to the address specified in the preceding sentence. Swiss Clinic may also broadcast notices or messages, or other matters of importance, on the Web Site; and you agree that such broadcasts shall constitute notice to you whether or not you actually access the communication or notice via the Web Site. Notice by e-mail or posting on the Web Site shall be deemed given forty-eight (48) hours after the e-mail is sent or is posted, unless in the case of e-mail the sending party is notified that the e-mail address is invalid.

Termination

The effective date of these Terms of Use is the date on which you have accepted the Terms of Use in accordance with the procedures set out herein. These Terms of Use are effective until terminated by Swiss Clinic, with or without cause, in Swiss Clinic’s sole and unfettered discretion, and with or without notice to you. The disclaimers, limitations on liability, termination, interpretative provisions, your warranties and indemnities shall survive any termination of these Terms of Use. Any termination by Swiss Clinic will be without prejudice to its other rights and remedies as may be available to Swiss Clinic.

Changes to Terms of Use and Privacy Statement

Swiss Clinic reserves the right to modify these Terms of Use at any time. It is your responsibility to review these Terms of Use each time you visit the Web Site and you are deemed to be aware of such amendments. If these Terms of Use (including the Privacy Statement), changes, the revised Terms of Use will be updated and the date of the newest version will be posted below.